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The Parties have entered into this Settlement Agreement with the express <br /> exReGtatioa and cs n4lition;hat F R,C shall isgue a40 year Pt get License <br /> that incorporates,without Material Modification,the Proposed License <br /> Articles as enforceable license articles. The Parties agree that if FERC <br /> does so,none of the Parties will seek rehearing of the FERC license order <br /> as to the Proposed License Articles,or support any such request for <br /> rehearing by a non-Party to this Settlement Agreement. Parties may only <br /> seek rehearing on issues not covered by the Settlement Agreement or <br /> License Articles or license term. Any Party seeking rehearing on any <br /> issue shall provide Notice to the Parties as soon as practicable before filing <br /> a rehearing request. This provision shall not apply to WDOE if the Project <br /> License is inconsistent with the Section 401 Certification or CZMA <br /> Determination,and shall not apply to a Party submitting a Mandatory <br /> Term and Condition or a term and condition of a Biological Opinion,if the <br /> Project License is inconsistent with that Mandatory Term and Condition or <br /> Biological Opinion term or condition. <br /> 4.6.2 Project License that Materially Modifies the Settlement Agreement <br /> Except as provided in section 4.6.2.2 for omissions based on jurisdiction, <br /> if FERC issues a Project License that contains a Material Modification of <br /> the Settlement Agreement,this Settlement Agreement shall be deemed <br /> modified to conform to the modification unless a Party provides Notice to <br /> the other Parties that it objects and initiates ADR under section 5 of this <br /> Settlement Agreement within thirty(30)days of the FERC order. <br /> 4.6.2.1 Disputing Inconsistencies <br /> The Disputing Party(s)may also petition FERC for rehearing or <br /> seek judicial review of any Project License article,or omission of <br /> any Proposed License Article,that results in a Material <br /> Modification of the Settlement Agreement. The Parties shall <br /> follow the ADR process set forth in section 5 of this Settlement <br /> Agreement while any such rehearing,appeal or request for stay or <br /> extension is pursued. Any.Disputing Party(ies)may ask FERC or <br /> the court to,defer action on the merits of any rehearing request or <br /> appeal while ADR is pursued. If all Parties subsequently agree to <br /> modify this Settlement Agreement to conform to the inconsistent <br /> action,the Disputing Party or Parties shall withdraw or dismiss any <br /> administrative or judicial action,or recommend such withdrawal or <br /> dismissal,as appropriate. <br /> 4.6.2.2 Omission Based on Jurisdiction <br /> If the Project License does not contain a Proposed License <br /> Article(s)solely because FERC expressly determines that it does <br /> DRAFT—CONFIDENTIAL <br /> SETTLEMENT DOCUMENT- 14 <br /> 52 <br />