ENFORCEABILITY OF THE FPA AND PUBLIC ACCOUNTABILITY Sample Clauses

ENFORCEABILITY OF THE FPA AND PUBLIC ACCOUNTABILITY. Certain requirements referenced in some of the attachments of this FPA are enforceable under the appropriate implementing statutes and regulations. Such requirements shall continue to be fully enforceable in accordance with the terms of relevant statutory and regulatory authorities. The commitments set forth in Subsections II(A)(3)(a), II(B), II(C), II(D), II(E) and II(H) of the text of this FPA are not legal requirements5. Therefore, Intel is not legally obligated to implement these commitments and they are not enforceable under any environmental statute or regulation. Nonetheless, Intel agrees to make every effort to attain the five year commitments in Subsections II(A)(3)(a), II(B), II(C), II(D), II(E) and II(H). However, the Parties and the public stakeholders who assisted in developing this FPA renewal recognize that the five year commitments are aggressive in nature, that it is not always possible for Intel to predict performance of new operations at the Ocotillo Site, and that potential events outside of Intel’s control might impair the Company’s ability to meet those commitments. In order to monitor Intel’s progress in meeting its five-year commitments, the Company has established an "Action Plan." Under this plan, Intel will proceed as follows: o Pursuant to Subsection II(G), Intel will provide quarterly reports and an annual summary report on the progress the Company makes in attaining its five year commitments for the Ocotillo Site. If applicable, these reports shall provide the reasons for Intel’s potential inability to attain one or more of these commitments.