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8 <br /> Notwithstanding FERC's autho ityto require the Licensee to undertake additional <br /> measures in excess of the agreed-upon monetary payment amounts set forth in <br /> Proposed Aquatic License Article 12,the Parties agree not to request FERC to <br /> require the Licensee to deposit or otherwise contribute additional funds in excess <br /> of the amounts agreed to in such Proposed License Articles. However,nothing in <br /> this section precludes Parties from seeking relief from FERC to require <br /> completion of a required measure or from seeking a reopener or amendment under <br /> section 4.11 of this Settlement Agreement to require the Licensee to undertake <br /> additional or different measures related to license articles other than Proposed <br /> Aquatic License Article 12. <br /> 5. Dispute Resolution <br /> 5.1 General Applicability <br /> The Parties agree to use the following alternative dispute resolution(ADR) <br /> process to resolve disputes related to this Settlement Agreement and the Proposed <br /> License Articles,unless otherwise specifically provided in this Settlement <br /> Agreement or precluded by statute or agency regulation. <br /> The Party initiating dispute resolution under this section 5 shall notify FERC <br /> when ADR proceedings are initiated relevant to a proceeding before FERC and <br /> related to the Proposed License Articles or Project License. <br /> The Parties agree to devote such time and attention to dispute resolution as <br /> necessary and reasonable to attempt to resolve the dispute at the earliest time <br /> possible;and each Party will cooperate in good faith promptly to schedule,attend, <br /> and participate in dispute resolution. Each Party will promptly implement all <br /> final agreements reached,consistent with its applicable statutory and regulatory <br /> responsibilities. <br /> The ADR provisions of this Settlement shall not apply to WDOE insofar as <br /> WDOE is exercising its statutory authority to enforce the requirements of a CWA <br /> Section 401 certification,a CZMA consistency determination,applicable water <br /> quality requirements,or other appropriate requirements of state law. However, <br /> WDOE,in its sole discretion,may choose upon specific request to participate in <br /> an ADR process in such circumstances. <br /> 5.2 ADR Procedures <br /> 5.2.1 Dispute Initiation Notice <br /> A Party claiming a dispute shall provide timely Notice to the other Parties, <br /> describing the matter(s)in dispute and any proposed relief or resolution. For <br /> DRAFT—CONFIDENTIAL <br /> SETTLEMENT DOCUMENT-20 <br /> • <br /> 58 <br />