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Show COLUMBIA RIVER TREATY 441 "SECTION 8. SETTLEMENT OF DISPUTES "Any dispute arising under this Agreement, including but without limitation a dispute as to whether any event requiring compensation has occurred, the amount of compensation due or the amount of any overdelivery of power, is agreed to be a difference under the Treaty to be settled in accordance with the provisions of Article XVI of the Treaty. Any determination of compensation in money or power due shall be confined to the actual loss incurred in accordance with the principles contained in Section 6 of this Agreement. SECTION' 9. EXCHANGES OF CAPACITY AND ENERGY "(1) The Authority agrees that CSPE shall have and may exer- cise the rights of the Authority as the Canadian Entity relating to the negotiation and conclusion with the United States Entity of pro- posals relating to the exchanges authorized by Article VIII (2) of the Treaty with respect to any portion of the Canadian Entitlement. "(2) It is agreed that no exchange of capacity for energy or of energy for capacity or modification in the delivery of energy in equal amounts each month as provided in the Treaty shall be taken into account in the determination of compensation to be made by the Authority pursuant to this Agreement. "SECTION 10. EXCHANGE AGREEMENTS "The Bonneville Power Administrator acting as the Administrator and for and on behalf of the United States Entity has by entering into Canadian Entitlement Exchange Agreements, assured unconditionally the delivery to the vendees of CSPE by appropriate exchange con- tracts of an amount of power agreed between the United States Entity and CSPE to be the equivalent of the Canadian Entitlement, and the United States Entity, while those Agreements are in force, will succeed to all the rights of CSPE and its vendees to receive the entire Canadian Entitlement and all other rights of CSPE arising from the Agreement. CSPE therefore instructs the Authority, until other- wise notified, to make any compensation whether in power or money required to be made by the Authority pursuant to Section 6 or Section 7 of this Agreement to the United States Entity. CSPE agrees that any settlement of a claim for compensation or arrangement entered into pursuant to this Agreement by the United States Entity shall be binding on CSPE. "SECTION 11. PAYMENTS "(1) The Authority shall pay any amount in United States funds determined to be due in accordance with the terms hereof within thirty days of receipt of an invoice for such amount. " (2) Should the Authority deliver power in excess of the amount required as compensation, then appropriate adjustments shall be made in kind or in money. 94-497-69------29 |