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8 <br /> not have jurisdiction,to adopt or enforce the omitted Proposed <br /> License'Article(s)'this'Settlemeiit Agreemziit shali'iOtbe`deemed <br /> modified to conform to such omission. Within 10 days of license <br /> issuance,the Licensee shall notify the Parties as to any omission <br /> and the Parties shall meet to discuss the issue and determine an <br /> appropriate response. Any Party may seek rehearing and judicial <br /> review of such omission. In any event,the Licensee shall <br /> implement any Proposed License Article or portions of Proposed <br /> License Articles that FERC excludes from the Project License, <br /> based on a lack of jurisdiction,unless this Settlement Agreement <br /> terminates or unless it would cause the Licensee to otherwise <br /> violate the License. Notwithstanding any other provision of this <br /> Settlement Agreement,Parties retain any available cause of action <br /> for specific performance of obligations addressed in this section. <br /> 4.6.2.2 Omission of A-LA 12 Habitat Enhancement Account <br /> If the Project License does not contain the Habitat Enhancement <br /> Account(HEA)specified within Aquatic-License Article 12,for <br /> whatever reason,this Settlement Agreement shall be deemed <br /> modified to conform to such omission. Within 10 days of license <br /> issuance the Licensee shall notify the parties as to the omission and <br /> the Parties shall meet to discuss the issue and determine an <br /> appropriate response. Any Party may seek rehearing and judicial <br /> review of such omission. In any event,the Licensee shall establish <br /> the HEA as specified within A-LA 12,unless this Settlement <br /> Agreement terminates or unless it would cause the Licensee to <br /> otherwise violate the License. Thereafter,throughout the term of <br /> the License,the Licensee shall use funds from the HEA to <br /> implement projects developed pursuant to A-LA 12(and/or other <br /> aquatic habitat enhancement license articles). Notwithstanding any <br /> other provision of this Settlement Agreement,Parties retain any <br /> available cause of action for specific performance of obligations <br /> addressed in this section. <br /> 4.7 Requests for Stay or Extension of Implementation <br /> If the Project License is challenged,a Party may at its discretion request from <br /> FERC or a court a stay or extension of any obligation in the Proposed License <br /> Articles for the duration of the administrative or judicial review process. Any <br /> other Party may oppose the request for stay or extension. <br /> The requesting Party shall contact the other Parties in advance of seeking a stay or <br /> extension and make reasonable efforts to discuss the scope of any request. Any <br /> Party that opposes a request for stay or extension shall contact the other Parties <br /> DRAFT—CONFIDENTIAL <br /> SETTLEMENT DOCUMENT- 15 <br /> 53 <br />