Common use of AMENDMENTS, TERMINATION, AND NONCOMPLIANCE Clause in Contracts

AMENDMENTS, TERMINATION, AND NONCOMPLIANCE. A. If S&WB determines that it is not feasible to complete the Undertaking or fulfill the requirements of this MOA, S&WB will immediately notify FEMA and GOHSEP in writing of this determination. Within twenty-one (21) days of receiving this notice, FEMA will meet with the Signatories, Invited Signatory, and Concurring Parties, in person or by telephone, to determine if the MOA must be amended or terminated, and proceed accordingly. B. Any Signatory or Invited Signatory may request in writing that the MOA be amended or terminated. Within twenty-one (21) days of such a request, FEMA will convene a meeting of the Signatories, Invited Signatory, and Concurring Parties to consider this request. The Parties will make a good faith effort to amend the MOA prior to any Party taking steps to terminate it. The MOA may be amended upon the written agreement of the Signatories and Invited Signatory, and the process will comply with 36 CFR §800.6(c)(7). C. FEMA is not required to convene a meeting of the Signatories, Invited Signatory, and Concurring Parties if the purpose of an amendment is to extend the duration of the MOA to allow additional time to complete construction of the Undertaking and/or complete the Mitigation Measures set out in Stipulation III. FEMA will convene a meeting if requested in writing by a Signatory, Invited Signatory, or Concurring Party. D. If the MOA is not amended, the Signatories or Invited Signatory may terminate the MOA by providing a thirty (30) day written notice to the other Signatories, Invited Signatory, and Concurring Parties. The Signatories, Invited Signatory, and Concurring Parties will cooperate in good faith to seek amendments or other actions that would prevent termination during this thirty (30) day time frame. Should consultation fail, FEMA will promptly notify the Signatories, Invited Signatory, and Concurring Parties in writing of termination. Termination of the MOA will require FEMA to comply with the Statewide Programmatic Agreement in effect on the date of the termination. This MOA may be terminated without further consultation by execution of a subsequent agreement that explicitly terminates or supersedes this MOA.

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

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AMENDMENTS, TERMINATION, AND NONCOMPLIANCE. A. If S&WB the CCYADF determines that it is not feasible to complete the Undertaking or fulfill the requirements of this MOA, S&WB the CCYADF will immediately notify FEMA and GOHSEP in writing writing, to include e-mail, of this determination. Within twenty21-one (21) days of receiving this notice, FEMA will meet with the Signatories, Invited Signatory, and Concurring Parties, in person or by telephone, to determine if the MOA must be amended or terminated, and proceed accordingly. B. Any Signatory or Invited Signatory may request in writing that the MOA be amended or terminated. Within twenty21-one (21) days of such a request, FEMA will convene a meeting of the Signatories, Invited Signatory, and Concurring Parties in person or by telephone to consider this request. The Parties will make a good faith effort to amend the MOA prior to any Party taking steps to terminate it. The MOA may be amended upon the written agreement of the Signatories and Invited Signatory, and the process will comply with 36 CFR §800.6(c)(7). C. FEMA is not required to convene a meeting of the Signatories, Invited Signatory, and Concurring Parties if the purpose of an amendment is to extend the duration of the MOA to allow additional time to complete construction of the Undertaking and/or complete the Mitigation Measures set out in Stipulation III. FEMA will convene a meeting if requested in writing by a Signatory, Invited Signatory, or Concurring Party. D. If the MOA is not amended, the Signatories or Invited Signatory may terminate the MOA by providing a thirty (30) -day written notice to the other Signatories, Invited Signatory, and Concurring Parties. The Signatories, Invited Signatory, and Concurring Parties will cooperate in good faith to seek amendments or other actions that would prevent termination during this thirty (30) -day time frame. Should consultation fail, FEMA will promptly notify the Signatories, Invited Signatory, and Concurring Parties in writing of termination. Termination of the MOA will require FEMA to comply with the Statewide Programmatic Agreement in effect on the date of the termination. This MOA may be terminated without further consultation by execution of a subsequent agreement that explicitly terminates or supersedes this MOA.

Appears in 1 contract

Samples: Memorandum of Agreement

AMENDMENTS, TERMINATION, AND NONCOMPLIANCE. A. FEMA will not amend this 1st AMOA if the Parish does not use FEMA funding to demolish a property that is included in the scope of this Undertaking. Pursuant to Stipulation I.D, FEMA will notify the Signatories, Invited Signatories, and Concurring Party by e-mail if a property is removed from the Undertaking. B. If S&WB the Parish determines that it is not feasible to complete the Undertaking or fulfill the requirements of this MOA1st AMOA, S&WB the Parish will immediately notify FEMA and GOHSEP in writing of this determination. Within twenty21-one (21) days of receiving this the notice, FEMA will meet with the Signatories, Invited SignatorySignatories, and Concurring PartiesParty, in person or by telephone, to determine if the MOA 1st AMOA must be amended or terminated, and proceed accordingly. B. C. Any Signatory or Invited Signatory may request in writing that the MOA 1st AMOA be amended or terminated. Within twenty21-one (21) days of such a request, FEMA will convene a meeting of the Signatories, Invited SignatorySignatories, and Concurring Parties Party to consider this request. The Parties will make a good faith effort to amend the MOA 1st AMOA prior to any Party taking steps to terminate it. The MOA 1st AMOA may be amended upon the written agreement of the Signatories and Invited SignatorySignatories, and the process will comply with 36 CFR §800.6(c)(7). C. FEMA is not required to convene a meeting of the Signatories, Invited Signatory, and Concurring Parties if the purpose of an amendment is to extend the duration of the MOA to allow additional time to complete construction of the Undertaking and/or complete the Mitigation Measures set out in Stipulation III. FEMA will convene a meeting if requested in writing by a Signatory, Invited Signatory, or Concurring Party. D. If the MOA 1st AMOA is not amended, the Signatories or Invited Signatory Signatories may terminate the MOA 1st AMOA by providing a thirty (30) -day written notice to the other Signatories, Invited SignatorySignatories, and Concurring PartiesParty. The Signatories, Invited SignatorySignatories, and Concurring Parties Party will cooperate in good faith to seek amendments or other actions that would prevent termination during this thirty (30) -day time frame. Should consultation fail, FEMA will promptly notify the Signatories, Invited SignatorySignatories, and Concurring Parties Party in writing of termination. Termination of the MOA 1st AMOA will require FEMA to comply with the Louisiana Statewide Programmatic Agreement executed in effect on the date of the termination2009. This MOA 1st AMOA may be terminated without further consultation by execution of a subsequent agreement that explicitly terminates or supersedes this MOA1st AMOA.

Appears in 1 contract

Samples: Memorandum of Agreement

AMENDMENTS, TERMINATION, AND NONCOMPLIANCE. A. FEMA will notify the Signatories, Invited Signatories, and Concurring Parties if FEMA determines that it has Section 106 responsibilities for undertakings that will occur in future Phases implementing the Master Plan. FEMA’s notice will describe FEMA’s anticipated involvement in a later Phase and will include FEMA’s determination if this 2PA will meet FEMA’s Section 106 responsibilities for this future Phase. A Signatory, Invited Signatory, or Concurring Party may request that the parties consult to develop an amendment for future Phases by notifying FEMA and OCD and other Federal agencies that have executed this 2PA within 30-days of FEMA’s notice and clearly describing the issues that must be addressed in such an amendment. B. If S&WB RSD and/or OPSB determines that it is not feasible to complete the Master Plan Undertaking or fulfill the requirements of this MOA, S&WB 2PA it will immediately notify FEMA and GOHSEP FEMA, OCD, other Federal agencies that have executed the Addendum set out in Appendix A, GOHSEP, RSD or OPSB in writing of this determination. Within twenty-one (21) 21 days of receiving this the notice, FEMA will meet convene a meeting with the other Signatories, Invited SignatorySignatories, and Concurring Parties, in person or by telephone, to determine if the MOA 2PA must be amended or terminated, and proceed accordingly. B. C. Any Signatory or Invited Signatory may request in writing that the MOA 2PA be amended or terminated. Within twenty-one (21) 21 days of such a request, FEMA will convene a meeting of the Signatories, Invited SignatorySignatories, and Concurring Parties to consider this request. The Signatories, Invited Signatories, and Concurring Parties will make a good faith effort to amend the MOA 2PA prior to any Party Signatory or Invited Signatory taking steps to terminate it. The MOA 2PA may be amended only upon the written agreement of the Signatories and Invited SignatorySignatories, and the process will comply with 36 CFR §800.6(c)(7). C. FEMA is not required to convene a meeting of the Signatories, Invited Signatory, and Concurring Parties if the purpose of an amendment is to extend the duration of the MOA to allow additional time to complete construction of the Undertaking and/or complete the Mitigation Measures set out in Stipulation III. FEMA will convene a meeting if requested in writing by a Signatory, Invited Signatory, or Concurring Party. D. If the MOA 2PA is not amended, the Signatories a Signatory or Invited Signatory may terminate the MOA 2PA by providing a thirty (30) 30 day written notice to the other Signatories, Invited SignatorySignatories, and Concurring Parties. The Signatories, Invited Signatory, and Concurring Parties These parties will cooperate in good faith to seek amendments or other actions that would prevent termination during this thirty (30) 30 day time frame. Should consultation fail, FEMA will promptly notify the Signatories, Invited SignatorySignatories, and Concurring Parties in writing of termination. Termination of the MOA 2PA will require FEMA to comply with the Section 106 Statewide Programmatic Agreement that is in effect on at the date of the termination. Other Federal agencies, including OCD, will comply with the process set out in the ACHP’s regulations, 36 CFR Part 800. This MOA 2PA may be terminated without further consultation by execution of a subsequent agreement that explicitly terminates or supersedes this MOA2PA. E. FEMA will terminate this 2PA if it does not have Section 106 responsibilities in a future phase implementing the Master Plan. OCD and/or another participating Federal agency that may have continuing Section 106 responsibilities in a future phase may request that the Signatories, Invited Signatories, and Concurring Parties consult to develop a Section 106 agreement to address its Section 106 responsibilities. F. OCD, and/or another participating Federal agency may terminate its participation in this 2PA without terminating the agreement if it notifies the Signatories, Invited Signatories, and Concurring Parties in writing that its responsibilities under the By: Xxxxxx Xxxxxxx, Chairman Date: By: Xxxxxx Xxxxxx, Chief Date: By: Xxxxxxx X. Xxxx, Chief Date: By: Xxxxx Xxxxxx, Chairman Date: By: Xxxxxxxxx Xxxxxx, Chief Date: By: Xxxx Xxxxxxx Xxxxxx Date: By: Xxxx Xxxxxx, Chairman Date: By: Enoch Xxxxx Xxxxx, Principal Chief Date: By: Xxxxxxxx Cypress, Chairman Date: By: Xxxx X. Xxxxxx, Xx., Chairman Date: ADDENDUM # TO

Appears in 1 contract

Samples: Secondary Programmatic Agreement

AMENDMENTS, TERMINATION, AND NONCOMPLIANCE. A. If S&WB the Parish determines that it is not feasible to complete the Undertaking or fulfill the requirements of this MOA, S&WB the Parish will immediately notify FEMA and GOHSEP in writing writing, to include e-mail, of this determination. Within twenty-one (21) 21- days of receiving this notice, FEMA will meet call a meeting with the Signatories, the Invited Signatory, and Concurring Parties, Parties in person or by telephone, to determine if the MOA must be amended or terminated, and proceed accordingly. B. Any Signatory or Invited Signatory may request in writing that the MOA be amended or terminated. Within twenty21-one (21) days of such a request, FEMA will convene a meeting of the Signatories, Invited Signatory, and Concurring Parties in person or by telephone to consider this request. The Parties will make a good faith effort to amend the MOA prior to any Party taking steps to terminate it. The MOA may be amended upon the written agreement of the Signatories and Invited Signatory, and the process will comply with 36 CFR §800.6(c)(7). C. FEMA is not required to convene a meeting of the Signatories, Invited Signatory, and Concurring Parties if the purpose of an amendment is to extend the duration of the MOA to allow additional time to complete construction of the Undertaking and/or complete the Mitigation Measures set out in Stipulation III. FEMA will convene a meeting if requested in writing by a Signatory, Invited Signatory, or Concurring Party. D. If the MOA is not amended, the Signatories or Invited Signatory may terminate the MOA by providing a thirty (30) -day written notice to the other Signatories, Invited Signatory, and Concurring Parties. The Signatories, Invited Signatory, and Concurring Parties will cooperate in good faith to seek amendments or other actions that would prevent termination during this thirty (30) -day time frame. Should consultation fail, FEMA will promptly notify the Signatories, Invited Signatory, and Concurring Parties in writing of termination. Termination of the MOA will require FEMA to comply with the Statewide Programmatic Agreement in effect on the date of the termination. This MOA may be terminated without further consultation by execution of a subsequent agreement that explicitly terminates or supersedes this MOA.

Appears in 1 contract

Samples: Memorandum of Agreement

AMENDMENTS, TERMINATION, AND NONCOMPLIANCE. A. If S&WB FP&C determines that it is not feasible to complete the Undertaking or fulfill the requirements of this MOA, S&WB FP&C will immediately notify FEMA and GOHSEP in writing writing, to include e-mail, of this determination. Within twenty21-one (21) days of receiving this notice, FEMA will meet call a meeting with the Signatories, the Invited SignatorySignatories, Concurring Parties, and Concurring Partiesother Indian tribes that have may have concerns about human skeletal remains and/or burial artifacts, in person or by telephone, to determine if the MOA must be amended or terminated, and proceed accordingly. B. Any Signatory or Invited Signatory may request in writing that the MOA be amended or terminated. Within twenty21-one (21) days of such a request, FEMA will convene a meeting of the Signatories, Invited Signatory, Concurring Parties, and Concurring Parties other Indian tribes that may have concerns about human skeletal remains and/or burial artifacts in person or by telephone to consider this request. The Parties will make a good faith effort to amend the MOA prior to any Party taking steps to terminate it. The MOA may be amended upon the written agreement of the Signatories and Invited Signatory, and the process will comply with 36 CFR §800.6(c)(7). C. FEMA is not required to convene a meeting of the Signatories, Invited Signatory, and Concurring Parties if the purpose of an amendment is to extend the duration of the MOA to allow additional time to complete construction of the Undertaking and/or complete the Mitigation Measures set out in Stipulation III. FEMA will convene a meeting if requested in writing by a Signatory, Invited Signatory, or Concurring Party. D. If the MOA is not amended, the Signatories or Invited Signatory may terminate the MOA by providing a thirty (30) -day written notice to the other Signatories, Invited Signatory, and Concurring Parties. FEMA will inform other Indian tribes that have notified FEMA regarding their concerns about human skeletal remains and/or burial artifacts at Xxxxxxx Barracks that FEMA has received a request to terminate the MOA. The Signatories, Invited Signatory, and Concurring Parties will cooperate in good faith to seek amendments or other actions that would prevent termination during this thirty (30) -day time frame. Other Indian tribes that may have concerns about human skeletal remains and/or burial artifacts at Xxxxxxx Barracks may participate in this consultation to prevent termination. Should consultation fail, FEMA will promptly notify the Signatories, Invited Signatory, Concurring Parties, and Concurring Parties any other Indian tribes that has known concerns about human skeletal remains and/or burial artifacts in writing of termination. Termination of the MOA will require FEMA to comply with the Statewide Programmatic Agreement in effect on the date of the termination. This MOA may be terminated without further consultation by execution of a subsequent agreement that explicitly terminates or supersedes this MOA.

Appears in 1 contract

Samples: Memorandum of Agreement

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AMENDMENTS, TERMINATION, AND NONCOMPLIANCE. A. If S&WB FEMA determines that it is not feasible to complete the Undertaking or fulfill the requirements of this MOA, S&WB FEMA will immediately notify FEMA the Signatories, Invited Signatory, and GOHSEP Concurring Parties in writing of this determination. Within twenty-one (21) days of receiving this notice, FEMA will meet with the Signatories, Invited Signatory, and Concurring Parties, in person or by telephone, to determine if the MOA must be amended or terminated, and proceed accordingly. B. Any Signatory or Invited Signatory may request in writing that the MOA be amended or terminated. Within twenty-one (21) days of such a request, FEMA will convene a meeting of the Signatories, Invited Signatory, and Concurring Parties to consider this request. The Parties will make a good faith effort to amend the MOA prior to any Party taking steps to terminate it. The MOA may be amended upon the written agreement of the Signatories and Invited Signatory, and the process will comply with 36 CFR §800.6(c)(7). C. FEMA is not required to convene a meeting of the Signatories, Invited Signatory, and Concurring Parties if the purpose of an amendment is to extend the duration of the MOA to allow additional time to complete construction of the Undertaking and/or complete the Mitigation Measures set out in Stipulation III. FEMA will convene a meeting if requested in writing by a Signatory, Invited Signatory, or Concurring Party. D. If the MOA is not amended, the Signatories or Invited Signatory may terminate the MOA by providing a thirty (30) day written notice to the other Signatories, Invited Signatory, and Concurring Parties. The Signatories, Invited Signatory, and Concurring Parties will cooperate in good faith to seek amendments or other actions that would prevent termination during this thirty (30) day time frame. Should consultation fail, FEMA will promptly notify the Signatories, Invited Signatory, and Concurring Parties in writing of termination. Termination of the MOA will require FEMA to comply with the Statewide Programmatic Agreement in effect on the date of the termination. This MOA may be terminated without further consultation by execution of a subsequent agreement that explicitly terminates or supersedes this MOA.

Appears in 1 contract

Samples: Memorandum of Agreement

AMENDMENTS, TERMINATION, AND NONCOMPLIANCE. A. If S&WB RSD will immediately notify FEMA and GOHSEP in writing if RSD determines that it is not feasible to complete the Undertaking or fulfill the requirements of this MOA, S&WB will immediately notify FEMA and GOHSEP MOA or if RSD needs more time to fulfill the requirements. This notice may be provided by e-mail as provided in writing of this determination. Stipulation I.D. Within twenty21-one (21) days of receiving this notice, FEMA will meet with the Signatories, Invited SignatorySignatories, and Concurring Parties, in person or by telephone, to determine if the MOA must be amended or terminated, and proceed accordingly. B. Any Signatory or Invited Signatory may request in writing that the this MOA be amended or terminated. Within twenty21-one (21) days of such a request, FEMA will convene a meeting of the Signatories, Invited SignatorySignatories, and Concurring Parties to consider this request. The Parties will make a good faith effort to amend the MOA prior to any Party taking steps to terminate it. The MOA may be amended upon the written agreement of the Signatories and Invited SignatorySignatories, and the process will comply with 36 CFR §800.6(c)(7). C. FEMA is not required to convene a meeting of the Signatories, Invited Signatory, and Concurring Parties if the purpose of an amendment is to extend the duration of the MOA to allow additional time to complete construction of the Undertaking and/or complete the Mitigation Measures set out in Stipulation III. FEMA will convene a meeting if requested in writing by a Signatory, Invited Signatory, or Concurring Party. D. If the MOA is not amended, the Signatories a Signatory or Invited Signatory may terminate the MOA by providing a thirty (30) -day written notice to the other Signatories, Invited SignatorySignatories, and Concurring Parties. The Signatories, Invited SignatorySignatories, and Concurring Parties will cooperate in good faith to seek amendments or other actions that would prevent termination during this thirty (30) -day time frame. Should consultation fail, FEMA will promptly notify the Signatories, Invited SignatorySignatories, and Concurring Parties in writing of termination. Termination of the MOA will require FEMA to comply with the Statewide Programmatic Agreement in effect on the date of the termination. This MOA may be terminated without further consultation by execution of a subsequent agreement that explicitly terminates or supersedes this MOA.

Appears in 1 contract

Samples: Memorandum of Agreement

AMENDMENTS, TERMINATION, AND NONCOMPLIANCE. A. FEMA will notify the Signatories, Invited Signatories, and Concurring Parties if FEMA determines that it has Section 106 responsibilities for undertakings that will occur in future Phases implementing the Master Plan. FEMA’s notice will describe FEMA’s anticipated involvement in a later Phase and will include FEMA’s determination if this 2PA will meet FEMA’s Section 106 responsibilities for this future Phase. A Signatory, Invited Signatory, or Concurring Party may request that the parties consult to develop an amendment for future Phases by notifying FEMA and OCD and other Federal agencies that have executed this 2PA within 30-days of FEMA’s notice and clearly describing the issues that must be addressed in such an amendment. B. If S&WB RSD and/or OPSB determines that it is not feasible to complete the Master Plan Undertaking or fulfill the requirements of this MOA, S&WB 2PA it will immediately notify FEMA and GOHSEP FEMA, OCD, other Federal agencies that have executed the Addendum set out in Appendix A, GOHSEP, RSD or OPSB in writing of this determination. Within twenty-one (21) 21 days of receiving this the notice, FEMA will meet convene a meeting with the other Signatories, Invited SignatorySignatories, and Concurring Parties, in person or by telephone, to determine if the MOA 2PA must be amended or terminated, and proceed accordingly. B. C. Any Signatory or Invited Signatory may request in writing that the MOA 2PA be amended or terminated. Within twenty-one (21) 21 days of such a request, FEMA will convene a meeting of the Signatories, Invited SignatorySignatories, and Concurring Parties to consider this request. The Signatories, Invited Signatories, and Concurring Parties will make a good faith effort to amend the MOA 2PA prior to any Party Signatory or Invited Signatory taking steps to terminate it. The MOA 2PA may be amended only upon the written agreement of the Signatories and Invited SignatorySignatories, and the process will comply with 36 CFR §800.6(c)(7). C. FEMA is not required to convene a meeting of the Signatories, Invited Signatory, and Concurring Parties if the purpose of an amendment is to extend the duration of the MOA to allow additional time to complete construction of the Undertaking and/or complete the Mitigation Measures set out in Stipulation III. FEMA will convene a meeting if requested in writing by a Signatory, Invited Signatory, or Concurring Party. D. If the MOA 2PA is not amended, the Signatories a Signatory or Invited Signatory may terminate the MOA 2PA by providing a thirty (30) 30 day written notice to the other Signatories, Invited SignatorySignatories, and Concurring Parties. The Signatories, Invited Signatory, and Concurring Parties These parties will cooperate in good faith to seek amendments or other actions that would prevent termination during this thirty (30) 30 day time frame. Should consultation fail, FEMA will promptly notify the Signatories, Invited SignatorySignatories, and Concurring Parties in writing of termination. Termination of the MOA 2PA will require FEMA to comply with the Section 106 Statewide Programmatic Agreement that is in effect on at the date of the termination. Other Federal agencies, including OCD, will comply with the process set out in the ACHP’s regulations, 36 CFR Part 800. This MOA 2PA may be terminated without further consultation by execution of a subsequent agreement that explicitly terminates or supersedes this MOA2PA. E. FEMA will terminate this 2PA if it does not have Section 106 responsibilities in a future phase implementing the Master Plan. OCD and/or another participating Federal agency that may have continuing Section 106 responsibilities in a future phase may request that the Signatories, Invited Signatories, and Concurring Parties consult to develop a Section 106 agreement to address its Section 106 responsibilities. F. OCD, and/or another participating Federal agency may terminate its participation in this 2PA without terminating the agreement if it notifies the Signatories, Invited Signatories, and Concurring Parties in writing that its responsibilities under the PAGE FOR ADDITIONAL CONCURRING PARTIES: By: _ Xxxxxx Xxxxxxx, Chairman Date: By: _ Xxxxxx Xxxxxx, Chief Date: By: _ Xxxxxxx X. Xxxx, Chief Date: By: _ Xxxxx Xxxxxx, Chairman Date: By: _ Xxxx Xxxxxxx Xxxxxx Date: By: _ Xxxx Xxxxxx, Chairman Date: By: _ Enoch Xxxxx Xxxxx, Principal Chief Date: By: _ Xxxxxxxx Cypress, Chairman Date: By: _ Xxxx X. Xxxxxx, Xx., Chairman Date: ADDENDUM # TO

Appears in 1 contract

Samples: Secondary Programmatic Agreement

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