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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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8 <br /> License,that such new owner shall be bound by,and shall assume the rights and <br /> obligatiions`ofthe Licensee under this Settlement Agreement upon"completion of <br /> the change of ownership and approval by FERC of the license transfer. <br /> 7.5.3 Notice <br /> The Licensee transferring pursuant to section 7.5.2 or an assigning Party shall <br /> provide Notice to the other Parties at least thirty(30)days prior to the proposed <br /> effective date of such transfer or assignment. <br /> 7.6 Extension of Time;Inability to Perform <br /> 7.6.1 Obligations under Project License <br /> 7.6.1.1 Extension of Time <br /> The Licensee may request an extension of time for good cause,consistent <br /> with 18 C.F.R.§385.2008,to fulfill an obligation under its Project <br /> License. The Parties acknowledge that FERC's standard for any such <br /> request shall apply. Any Party may oppose the request and may seek <br /> ADR pursuant to section 5,as appropriate. <br /> 7.6.1.2 Inability of Licensee to Perform <br /> If the Licensee is unable to perform an obligation under its Project <br /> License,which is also a Proposed License Article in Appendix 1 of the <br /> Settlement Agreement,due to an event or circumstances beyond its <br /> reasonable control,the Licensee may file with FERC an appropriate <br /> request for relief. The Parties acknowledge that FERC's standard for any <br /> such request shall apply. Any Party may oppose the request and may seek <br /> ADR pursuant to section 5,as appropriate. <br /> 7.6.2 Obligations under Section 4.6.2 <br /> If the Licensee is unable to perform an obligation under section 4.6.2 of this <br /> Settlement Agreement due to an event or circumstances beyond its reasonable <br /> control,the Licensee shall not be in breach of this Settlement Agreement. <br /> 7.6.3 Notice of Delay or Inability to Perform <br /> In the event of a delay or inability to perform a Project License obligation or an <br /> obligation under section 4.6.2,the Licensee shall provide Notice as soon as <br /> reasonably practicable. This Notice shall include: (1)a description of the event <br /> causing the delay or anticipated delay;(2)an estimate of the anticipated length of <br /> the delay;(3)a description of the measures taken or to be taken to avoid or <br /> minimize the delay;and(4)a proposed timetable for implementing the measures <br /> DRAFT—CONFIDENTIAL <br /> SETTLEMENT DOCUMENT-25 <br /> 63 <br />
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