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<br />e <br /> <br />e <br /> <br />urge the Commission to approve and accept the provisions of this Agreement and to adopt a 12065 <br /> <br /> <br />Final Order consistent with all the tenns hereof. If the Commission does not adopt a 12065 Final <br /> <br /> <br />Order consistent with aU the [enns of this Agreement, neither oral and written statements made <br /> <br /> <br />during the course of the settlement negotiations nor the tenns of this Agreement may be used as <br /> <br />an admission or concession of any sort or as evidence in Docket No. 12065 or any other <br /> <br />proceeding. <br /> <br />B. This Agreement reflects a compromise. settlement and accommodation <br /> <br />among Signatories, and all Signatories agree that the terms and conditions herein are <br /> <br />interdependent. If the Commission does not accept this Agreement as presented and enters an <br /> <br />order inconsistent with any material terms of this Agreement. the Signatories agree that any <br />Signatory has the right to withdraw from this Agreement. proceed to hearings on all issues and <br />present evidence. It is specifically recognized that the Signatories, except for HL&P, will not <br />submit pre-filed testimony regarding the merits of the Agreement and will forego cross- <br />examination of the testimony that is submitted in suppon of the Agreement; provided, however, <br />that any Signatory may submit rebuttal testimony in support of the cost allocation and rate design <br />under this Agreement if the cost allocation and rate design is contested by a non-Signatory. If this <br />Agreement is not accepted. the Signatories agree to acknowledge each other's right, and to further <br />confirm by oral or written statement to the Presiding Officer or Commission, the agreement of <br />the Signatories to allow each other to proceed with a full hearing, to present evidence, and to <br />cross-examine witnesses. <br /> <br />HOUOJ:9l1046 <br /> <br />40- <br />