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2009/09/16 Council Agenda Packet
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2009/09/16 Council Agenda Packet
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Council Agenda Packet
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9/16/2009
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• <br /> 8 <br /> termination. The withdrawal of any Party other than the Licensee does not <br /> -aiitomatically terminate this Settlement Agreement for the remaining Parties: <br /> However,the remaining Parties will meet within ten(10)days to determine the <br /> effect of the withdrawal and whether they will continue to operate under the <br /> Agreement. A withdrawing Party shall not be bound by any term contained in <br /> this Settlement Agreement,except sections 2.2 and 7.1. <br /> 7. Miscellaneous <br /> 7.1 Settlement Agreement Negotiations Privileged and Confidential <br /> Unless the Parties agree otherwise,to the extent permitted by law,all discussions, <br /> communications,drafts,work papers,and notes relating to this Settlement <br /> Agreement are privileged and confidential. This material shall not prejudice the <br /> position of any Party or participant taking part in such discussions and <br /> negotiations,and shalt not be used by any entity in any manner,including but not <br /> limited to admission into evidence,as an admission,or in an argument in any <br /> forum or proceeding for any purpose,to the fullest extent allowed by law, <br /> including but not limited to 18 C.F.R.§385.606. This provision does not apply to <br /> any information that was in the public domain prior to the development of this <br /> Settlement Agreement or that became part of the public domain at some later time <br /> through no unauthorized act or omission by any Party. This provision does not <br /> apply to: (a)any information held by a federal agency that is not protected from <br /> disclosure pursuant to the Freedom of Information Act or other applicable law;or <br /> (b)any information held by a state or local agency that is not protected from <br /> disclosure pursuant to the Washington Public Disclosure Act or other applicable <br /> state or federal law. A withdrawing Party shall continue to maintain the <br /> confidentiality of all settlement communications to the extent permitted by <br /> applicable law. Nothing in this section 7.1 is intended to or shall be construed as <br /> prohibiting the filing of appropriate material in support of this Settlement <br /> Agreement with FERC or other regulatory agency. This section shall survive any <br /> termination of this Settlement Agreement. <br /> 7.2 Relationship to Other Agreements <br /> The Parties recognize that certain Parties to this Settlement Agreement are also <br /> parties to Attachments_and_,and that Proposed License Articles included <br /> in this Settlement Agreement maypartially satisfy certain provisions of these <br /> other agreements. The Parties'obligations under this Settlement Agreement shall <br /> be interpreted independent of Attachments_and_. Nothing in this <br /> Settlement Agreement is intended or shall be construed to bind any Party to this <br /> Settlement Agreement to Attachments_or . Attachment of these <br /> agreements to this Settlement Agreement is for informational purposes and <br /> convenience and does not render them part of this Settlement Agreement. <br /> 7.3 Severability of Terms of Settlement Agreement <br /> DRAFT—CONFIDENTIAL <br /> SETTLEMENT DOCUMENT-23 <br /> 61 <br />
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