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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />Rowk, & w«,drff <br />A Nrof-. ] <br />Corp-- <br />4.1 Subject to the approval by the Management <br />Committee, the Licensing Manager is empowered to and <br />shall be responsible for employing legal counsel and <br />other consultants to take any necessary actions to <br />prosecute the ECPA proceeding before FERC and any <br />related actions and proceedings against SMUD. <br />4.2 The Licensing Manager is empowered to and <br />shall be responsible for preparing, filing and <br />maintaining the records of the Parties with respect to <br />the Project and utilizing its own personnel in the <br />performance of its obligations under this Section 4.2. <br />4.3 The Licensing Manager shall also <br />periodically provide the Parties with status reports <br />as to the progress concerning the Project. <br />4.4 Costs incurred by the Licensing Manager in <br />carrying out its responsibilities under this <br />paragraph, together with appropriate overhead charges, <br />shall be shared by the Parties under Section 6.1 <br />below. <br />4.5 If NCPA shall terminate its participation in <br />this Agreement, the Management Committee may select a <br />different Licensing Manage- in place of NCPA." <br />5. <br />Section 5 of the Agreement is hereby deleted and a new <br />Section 5 is added to the Agreement as follows: <br />