2009/09/16 Council Agenda Packet

CA 60 days. If resolution cannot be reached within the negotiating period, then a Party may seek a remedy for alleged violations as described in Section 3.5. Provided, that this section 3.4 shall not be construed to limit any Party from timely filing and pursuing any administrative or judicial remedy. 3.5 Remedy for Alleged Violations. Aside from any actions to make timely filings for any judicial or administrative relief as noted in Section 3.4, no Party shall seek relief in any other forum for noncompliance with this Agreement unless and until the requirements of Section 3.4 have been met. If dispute resolution is not successful, any Party may seek judicial enforce e.- t of the terms of this Agreement. Each Party agrees that monetary 4 ;ges shall not be a remedy for breach of this Agreement,provided,howe ;t a.t civil damages shall be a potential remedy against the City solely ,,:ces in which the City has acted in violation of applicable law and of, e•e` s os Agreement. A Party shall otherwise be entitled to seek inju. ., or other equbie relief to remedy any breach of this Agreement. Not' this Agreement Sha1J be construed as a f"a waiver of any rights,jurisdicti ;,Er immunities,including Sovereign immunity. ..mac y 4.0 General Provisions ejk " ,.?,;1,t-,. 4.1 Effective Date. Exce t vspecified in SCo.0/3.1, this Agreement shall become effective upon the finale Rhotlef issuing.htirr w License, unless 1)the New License requires inclusiok0 the La 1:14:).haplai"}r t;'ct, or a portion thereof that results in :ti ,�) ntial additional Fina ' ,r regu .;'..y impact upon the City, within :uF:i ire 4?0undary )t11,-'10::' '-$6,6,!, ins"a stay of all or any portions of tht : Licens• n the eventtp4f•the Dis f."s btains such a stay, the City's and Dis ., existi t` •bligation rsuant to the WHMP shall continue pending the compl=':r,'4.,,,,„of 4'l ct's retic" sing. 4.2 Tene#teris Agrees ,.§1411 begin on the Effective Date and, unless terminated arlier a t �ovided in if s Agreement, shall remain in full force and effect for 5O'" { s, and; {ll be renewable automatically for the duration and on .,such terms as -��cietenn ;u pursuant to Section 2.2.1 above. i 4.3 Tef nation. 1.`.'46 . 4.3.1 'Phi, ' ,.:;:'0'''' ;:0 ent may be terminated at any time by mutual written consent ofta 4:'0 e Parties. 4.3.2 This Agreement may be terminated by the District or the City, if a final FERC order amending the New License includes the Lake Chaplain Tract, • or a portion thereof that results in a substantial additional financial or ' regulatory impact upon the City, within the Project boundary. 4.3.3 This Agreement shall be terminated if the District obtains from FERC a Final Order for Surrender and Decommissioning of the Project. Lake Chaplain Tract Agreement,2009 g -