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8. <br /> 4.11.2.2 Amendments That Contain a Material Modification of <br /> Settlement Agreement <br /> The Licensee may seek a license amendment as necessary for the Project <br /> that would contain a Material Modification of the Settlement Agreement <br /> to comply with any FERC directive pertaining to dam safety, flood <br /> control,or Project security. The Licensee may seek such license <br /> amendment following discussions with the Parties,in an effort to achieve <br /> consensus on the amendment proposal,including,if necessary,the <br /> initiation of ADR under section 5 of this Settlement Agreement. <br /> Additionally,the Licensee may seek a license amendment that would <br /> contain a Material Modification of the Settlement Agreement in response <br /> to:(i)material new information;(ii)another Party's proposal to reopen <br /> under section 4.11.1;(iii)a non-Party's proposal to reopen the Project <br /> License that would contain a Material Modification of the Settlement <br /> Agreement;or(iv)a Biological Opinion that would result in a Material <br /> Modification of the Settlement Agreement issued after the time period for <br /> appeal of the Project License has passed. Any proposal the Licensee may <br /> submit under(ii)or(iii)above would be conditional and withdrawn if <br /> FERC declines to adopt the other Party or non-Party's initial proposal;and <br /> the Licensee shall notify FERC of the conditional nature of its proposed <br /> amendment. Other Parties may oppose the Licensee's proposed <br /> amendment and comment and/or propose counter-amendments. <br /> Each Party reserves all rights under applicable law to challenge or <br /> comment on any application for a license amendment. The provisions of <br /> this Settlement Agreement shalt remain in effect as unmodified by any <br /> amendment until the effective date such amendment is approved by <br /> FERC. <br /> 4.11.3 Notice and Consultation Requirement for Reopener or License <br /> Amendment <br /> 4.11.3.1 Notice <br /> Prior to seeking reopener or license amendment under sections 4.1 1.1 or <br /> 4.11.2,a Party shall provide the proposed reopener or license amendment <br /> to the other Parties for review and comment at least ninety(90)days <br /> before initiating the reopener or amendment process with FERC,and shall <br /> consult with the Parties starting at least sixty(60)days before initiating the <br /> reopener or amendment process with FERC regarding the need for and <br /> purpose of the reopener or amendment. <br /> A Party shall not be required to comply with this 90-day Notice and <br /> comment process if it reasonably believes an emergency situation exists or <br /> DRAFT—CONFIDENTIAL <br /> SETTLEMENT DOCUMENT- 18 <br /> 56 <br />