Common use of Future Matters Clause in Contracts

Future Matters. (a) Each of the Parties acknowledges and agrees that, in recognition of its desire to work co-operatively on behalf of its customers, any new future complaint or claim that may be filed against another Party in respect of the matters set out in this Agreement shall be based solely on actions, events and agreements that have occurred after September 10, 2013. Each of the Parties agrees that, in respect of the matters set out in this Agreement, it will not take any action or commence any proceeding against another Party with respect to any action, claim or dispute that arose prior to September 10, 2013. (b) Other than as set forth in subsection 4.2(a) above, nothing in this Agreement shall restrict the ability of any Party to take any action or commence any proceeding or to take any position with any governmental authority or third party at a regulatory proceeding or otherwise against another Party in respect of any action, claim or dispute irrespective of when such action, claim or dispute arose, whether prior to or after September 10, 2013, including without limitation in respect of: (i) TransCanada's proposed Energy East Project; and (ii) the NEB’s land matters consultation initiative ("LMCI").