Interpretation of MOU. Questions regarding the interpretation and/or application of any of the provisions of this Memorandum of Understanding shall be formally raised only by the parties to the MOU, subject to the following conditions:
Interpretation of MOU. Questions regarding the interpretation and/or application of any of the provisions of this Memorandum of Understanding shall be formally raised only by the parties to the MOU, subject to the following conditions:
A. The party raising the question of interpretation/application of the MOU shall notify the other party of the nature of the question within ten (10) working days after the matter is brought to their attention.
B. Both parties shall attempt to resolve the dispute at the supervisory or departmental level, if appropriate. If it is not possible to resolve the matter at the supervisory or departmental level, both parties shall submit a statement of the facts concerning the matter to the City Manager for his/her findings and determination.
Interpretation of MOU. 3.1 This MOU has been prepared to aid the Agency and the Museum in developing and agreeing upon a Project Description of the Project Plan for CEQA purposes and a process to aid Agency staff and museum representatives in negotiating the terms of a possible DDA and Project Lease of the Project Site for the Agency and the Museum. At this point, it is intended merely to allow the Agency and the Museum to identify those key elements of the proposed Project Plan so that the parties understand the environmental and planning issues and concerns which will require further detailed environmental and planning review by the City, as well as to identify those questions and issues which may need to be resolved prior to the time the City reviews and permits any specific elements of the Project Plan and prior to the time the Agency and the Museum enter into any binding contractual agreements with respect to the development of the Project Site and the Project Lease.
3.2 While this MOU has been prepared, reviewed and executed by the Agency staff and by the Museum and its representatives and legal counsel so that it accurately sets forth the underlying assumptions and elements of the proposed Project Plan, this review nevertheless does not yet constitute any sort of City development approval of the Museum Plan or any of its elements.
3.3 Except as otherwise specifically indicated herein with respect to the Agency and the Museum preparing and submitting to the City the Project Description and the Museum initiating environmental review of the Project Plan and the Agency undertaking the Site preparation as identified herein, this MOU is not intended to be contractual and binding in nature. Rather, if, after the necessary environmental review, the Project Plan is approved by the City, Museum and Agency intend to negotiate a DDA and Project Lease between the Museum and the Agency.
Interpretation of MOU. Questions regarding the interpretation and/or application of any of the provisions of this MOU shall be formally raised only by the parties to the MOU, subject to the following conditions:
A. The party raising the question of interpretation/application of the MOU shall notify the other party of the nature of the question within ten working days after the matter is brought to their attention.
B. Both parties shall attempt to resolve the dispute at the supervisory or departmental level, if appropriate. If it is not possible to resolve the matter at the supervisory or departmental level, both parties shall submit a statement of the facts concerning the matter to the City Manager for his or her findings and determination. The decision of the City Manager shall be final.
Interpretation of MOU. The headings within this MOU are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this MOU. The parties have had an equal opportunity to participate in the drafting of this MOU; therefore the normal construction as against the drafting party shall not apply to this MOU.
