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8 <br /> or performing the obligation. The Licensee shall make all reasonable efforts to <br /> promptly resume performance.of the obligatiop and_shall provide Noticewhen it <br /> does so. <br /> 7.7 Waiver <br /> The failure of any Party to insist,on any occasion,upon strict performance of any <br /> provision of this Settlement Agreement shall not be considered a waiver of any <br /> obligation,right or duty of,or imposed upon,such Party. <br /> 7.8 Governing Law <br /> The Project License shall be governed,construed,and enforced in accordance <br /> with federal law and regulation. By executing this Settlement Agreement,no <br /> federal agency is consenting to the jurisdiction of a state court unless such <br /> jurisdiction otherwise exists. Nothing in this Settlement Agreement shall be <br /> construed to waive the sovereign immunity of the Tribe,its officers,directors, <br /> employees or agents. <br /> 7.9 Elected Officials,Employees and Agents Not to Benefit <br /> No elected officials,employees or agents thereof shall be entitled to any share or <br /> part of this Settlement Agreement or to any benefit that may arise from it. <br /> 7.10 Relationship of the Parties <br /> Except as otherwise expressly set forth herein,nothing contained in this <br /> Settlement Agreement is intended or shall be construed to create an association, <br /> trust,partnership or joint venture,or impose any trust or partnership duty, <br /> obligation or liability on any Party,or create an agency relationship between or <br /> among the Parties or between any Party and any employee of any other Party. <br /> 7.11 Notice <br /> Any Notice required by this Settlement Agreement shall be written. If <br /> practicable,Notice shall be provided by e-mail or facsimile to all Parties. Notice <br /> shall also be sent to all Parties by first-class mail or comparable method of <br /> distribution,and as applicable shall be filed with FERC. <br /> For the purposes of this Settlement Agreement,and unless otherwise specified,a <br /> Notice,including Notice via e-mail or facsimile,shall be effective upon receipt, <br /> but if provided only by U.S.Mail,seven(7)days after the date on which it is <br /> mailed. When this Settlement Agreement requires Notice in fewer than seven(7) <br /> days,Notice shall be provided by facsimile or e-mail and shall be effective when <br /> provided. <br /> DRAFT—CONFIDENTIAL <br /> SETTLEMENT DOCUMENT-26 <br /> 64 <br />