IT IS MUTUALLY AGREED Sample Clauses

IT IS MUTUALLY AGREED. A. That no change, alteration, amendment, payment for extra Work or agreement to pay for same, shall be binding upon the County until it has been approved the same, and until the same shall be properly approved by the Board. B. The County shall designate a representative insofar as prosecution of the Work, and interpretation of the Plans and Specifications are concerned, and that no payments shall be made by the County under this Agreement except upon the certificate of the proper County designee. C. This Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. D. The failure of the County to enforce at any time or for any period of time any one or more of the provisions of the Contract Documents shall not be construed to be and shall not be a waiver of any such provision or provisions or of its rights thereafter to enforce each and every such provision. E. Each of the parties hereto agrees and represents that this Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and that no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, Work performed, or payments made prior to execution hereof shall be deemed merged into, integrated and superseded by this Agreement. F. Should any provision of this Agreement be determined by a court to be unenforceable, such determination shall not affect the validity or enforceability of any section or part thereof.

IT IS MUTUALLY AGREED. 1. The term of this Agreement shall be from the date first written above through and including June 30, 2022. 2. Costs associated with this Agreement will be administered in accordance with the cost principles contained in 2 CFR Part 200. Indirect costs are eligible for reimbursement. The LOCAL AGENCY’s indirect rate shall be approved by its cognizant federal agency and that approval must be provided to the DEPARTMENT. Fringe benefit rates must be approved by the DEPARTMENT on an annual basis in order to be eligible for reimbursement. 3. The description of the PROJECT may be changed in accordance with Federal requirements and by mutual written consent of the parties hereto. 4. Each party agrees to complete a joint final review of PROJECT materials prior to final acceptance of the work by the DEPARTMENT. 5. The following is a summary of the estimated PROJECT costs and available funds: Total Estimated PROJECT Costs: LOCAL AGENCY Planning Study Costs: $684,211 Available Funding Sources: $650,000 Surface Transportation Block Grant Statewide (Federal Funds): State Gas Tax Match Funds: $34,211 6. The LOCAL AGENCY may not incur any reimbursable PROJECT costs until this Agreement is executed by both parties, and the DEPARTMENT has issued a written “Notice to Proceed.” The “Notice to Proceed” includes the “project end date,” which establishes the limit of federal participation for a project or phase of work associated with a project. The “project end date” is mutually established by both parties in conformance with the requirements of 2 CFR Part 200. The LOCAL AGENCY is responsible for any costs incurred on the PROJECT after the “project end date.” The LOCAL AGENCY agrees that the DEPARTMENT and the State of Nevada are not responsible for any costs incurred after the “project end date.” 7. The total eligible PROJECT costs shall be determined based upon the amount of the awarded Federal Surface Transportation Block Grant Statewide Program and State Gas Tax funds, as awarded by the LOCAL AGENCY, subject to federally budgeted appropriations. The LOCAL AGENCY is responsible for one hundred percent (100%) of all costs not eligible for Federal or State funding. The LOCAL AGENCY agrees the DEPARTMENT and the State of Nevada are not responsible for any of those costs. Eligible PROJECT costs are those costs as defined in 2 CFR Part 200 and the XXX. 8. An alteration requested by either party which substantially changes the services provided for by the expressed intent of thi...

IT IS MUTUALLY AGREED. 1. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amount, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General, and the DEPARTMENT; the Federal Highways Administration (FHWA) or any authorized representative of the federal government, and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the DEPARTMENT for the recovery of any funds paid by the DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 2. That the ENGINEER shall be responsible for any all damages to property or persons out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA, the DEPARTMENT, and their officers, agents and employees from all suits, claims, actions or damages liabilities, costs or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the ENGINEER as soon as practicable after the discovery. The LPA reserves the right to take immediate action to remedy any error or omission if notification is not successful; if the ENGINEER fails to reply to a notification; or if the conditions created by the error or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and reasonable notice is not practicable. 3. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such materials becomes the property of the LPA. The LPA will be responsible for reimbursement of all eligi...

IT IS MUTUALLY AGREED. 1. That the Monthly Cost Reports shall include monthly totals and project totals. The numbers set forth therein shall be deemed accepted by Xxxxxxx unless a detailed written objection is made thereto within ten (10) calendar days. Any written objection made in accordance with the foregoing shall include Xxxxxxx’s basis for such objection. 2. That if a dispute arises regarding any provision of this Design Agreement, the Parties shall exercise commercially reasonable efforts to agree to a mutually acceptable solution within ten (10) calendar days of any Party’s issuance to the other Party of written notice of the dispute; and during the pendency of dispute resolution, CNLV shall continue to carry out its duties under Article I and Xxxxxxx shall continue to carry out its duties under Article II. If the Parties are unable to amicably resolve the dispute within the ten (10) calendar day period, the Parties shall consult with the engineer for the Faraday Project and consider the recommendations of the engineer in the Parties’ good faith efforts to reach a mutually acceptable solution. If, after consulting with the engineer, the Parties do not reach a mutually acceptable solution within ten (10) calendar days, then such dispute shall be resolved through binding arbitration using an arbitrator from the JAMS panel of neutrals, which arbitration shall be conducted in Clark County, Nevada and administered by and in accordance with JAMS’ Comprehensive Arbitration Rules and Mediation Procedures. The dispute, and the arbitration thereof, shall be governed by the laws of the State of Nevada. 3. That by the signing of this Agreement, Xxxxxxx and CNLV affirmatively agree to settle all disputes, claims, or questions by binding arbitration. 4. That this Design Agreement is not, and shall not be construed as or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have a right of action hereunder for any cause whatsoever. 5. That this Design Agreement and attached Exhibits represent the entire understanding of the Parties hereto as to the obligations hereunder. 6. That should any part of this Design Agreement be rendered void, invalid or unenforceable, by a non-appealable determination of court of competent jurisdiction, for any reason, such determination shall not render void, invalid or unenforceable the remainder of the Design Agreement. 7. That each Party warrants to the other that it, and its signatory hereunder, is...

IT IS MUTUALLY AGREED. In consideration of the foregoing and the mutual promises of the parties hereto, LOCAL AGENCY and CALTRANS agree as follows:

IT IS MUTUALLY AGREED. That each party will cooperate with the other party to this agreement and their agents in carrying out their respective responsibilities under this agreement.

IT IS MUTUALLY AGREED. 1. All STATE obligations under the terms of the State Agreement are subject to the appropriation of resources by the Legislature in the annual State Budget Act and the action of the California Transportation Commission (“CTC”) allocating resources to the STATE for the purposes of fulfilling STATE’s obligations therein. Neither STATE nor the CITY, other than the STATE duty to provide IQA for which the resources must be appropriated and then allocated, have funds obligated to this PROJECT and SEGERSTROM will have no right, under any circumstance, to seek a STATE or CITY contribution of funds directly under the terms of this Agreement or indirectly as damages for some perceived or alleged breach of this Agreement by the CITY or the State Agreement by the CITY or STATE. 2. The parties to this Agreement understand and agree that STATE’s IQA is defined as providing STATE policy and procedural guidance through to completion of the PROJECT construction phase administered by the CITY. This guidance includes prompt reviews by STATE to assure that all work and products delivered or incorporated into the PROJECT by the CITY conform to STATE standards. IQA does not include any PROJECT related work deemed necessary to actually develop and deliver the PROJECT, nor does it involve any validation by the verification and rechecking of any work performed by the CITY and/or its consultants and no liability will be assignable to STATE by SEGERSTROM under the terms of this Agreement or by third parties by reason of STATE’s IQA activities. All work performed by STATE that is not direct IQA shall be chargeable against PROJECT funds as a service for which STATE will invoice its actual costs and the CITY will pay or authorize STATE to reimburse itself from the available PROJECT funds, subject to reimbursement from SEGERSTROM. 3. During PROJECT construction, representatives of SEGERSTROM and CITY will cooperate and consult with each other and with STATE to assure that all PROJECT work is accomplished according to the PROJECT PS&E and STATE’s applicable policies, procedures, standards, and practices. Satisfaction of these requirements shall be verified by STATE’s quality assurance representatives who are authorized to enter CITY and SEGERSTROM property during construction for the purpose of monitoring and coordinating construction activities. 4. Any hazardous material or contamination of an HM-1 category found within the existing SHS right of way during construction requiring remedy ...

IT IS MUTUALLY AGREED. 1. This Agreement shall be terminated when the “TRANSER”, has been completed. Ownership, improvements and maintenance responsibilities will transfer from the DEPARTMENT to the CITY upon the recordation of the “Resolution of Relinquishment” for such “TRANSFER”. 2. The DEPARTMENT and the CITY, upon approval of the DEPARTMENT’s Board, and upon approval by the City Council, shall complete the “TRANSFER” within eighteen (18) months after the date of execution of this Agreement. The parties acknowledge that the DEPARTMENT’s Board must approve the “Resolution of Relinquishment” addressed within Article I, Paragraph 6, of this Agreement, and the City Council of the CITY must approve the “Consent” addressed within Article II, Paragraph 2, of this Agreement. The parties understand and agree that the eighteen (18) month timeframe for the transfer of the rights-of-ways identified within the “TRANSFER” is contingent upon the schedule of the DEPARTMENT’s Board and the City Council. 3. This Agreement may be terminated by mutual consent of both parties without cause. The parties expressly agree that this Agreement shall be terminated upon written notification if for any reason State funding ability to satisfy this Agreement is withdrawn, limited, or impaired. 4. All notices or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally in hand, by telephonic facsimile or electronic mail with simultaneous regular mail, or mailed certified mail, return receipt requested, postage prepaid on the date posted, and addressed to the other party at the address set forth below: FOR DEPARTMENT: Xxxx Xxxxxxxx, P.E., Director Nevada Department of Transportation Attn: Xxxxx Xxxxxx-Xxxxxxxx 000 Xxxxx Xxxxxxx Xxxxxxx Xxx Xxxxx, XX 00000 Phone: (000) 000-0000 Fax: (000) 000-0000 E-mail: xxxxxxx@xxx.xxxxx.xx.xx FOR CITY: Xxxxx X. Xxxxxx, Mayor City of Mesquite

IT IS MUTUALLY AGREED. 1. The above described property shall have no water commitment by virtue of the installation of the water facilities. Future use of said facilities requires that a water commitment be obtained from the District before the facilities can be utilized. 2. That this Agreement shall inure to the benefit of, and be binding upon, the respective parties hereto and their successors and assigns. To assure District recognition of an assignment from one developer/owner to another, a District provided assignment form should be completed, and a fully executed duplicate original should be returned to the District. 3. That the effective date of this Agreement is the date that the Agreement is formally executed by the District. 4. That this Agreement shall terminate if construction of the water facilities covered by the plan or plans identified in Article I, paragraph 1 of this Agreement is not started within one (1) year from the date of District approval of said plan or plans; or if such construction is commenced within said one (1) year period, but is not diligently prosecuted to completion within 2 years from the date of plan approval. Termination under this paragraph shall occur upon the District's written notice that Developer has not followed the conditions of this Agreement. 5. That all water facilities installed under this Agreement shall be and remain the exclusive property of the District, and shall become a part of the District's general water distribution system after acceptance by the District. 6. That if this Agreement terminates in accordance with Article III, paragraph 4 of this Agreement, right, title and interest of all or any portion of water facilities installed, as determined solely and exclusively by the District, shall become the exclusive property of the District for the District to use, modify, or to dispose of as the District deems appropriate. 7. That in the event a portion of the water facilities are constructed but this agreement terminates, the above described property shall have no water commitment by virtue of the installation of the water facilities. Requests for future use of said facilities, if retained in place, may require that a new water commitment be obtained before the facilities can be utilized. 8. That for the purpose of making refunds or any notifications that may be required by this Agreement, the Developer's address is as identified on page 1 of this Agreement, and it is the Developer's responsibility to notify the District in...

IT IS MUTUALLY AGREED. 1. The term of this Contract shall be from the date first written above through and including the December 31, 2018. This Contract shall be automatically renewed for an additional two (2) year period on the last day of each two-year term unless a Party notifies the other Parties in writing within one hundred twenty (120) calendar days prior to the automatic renewal of this Contract of its intention that this Contract expire at the completion of the two (2) year term then in effect. 2. This Contract shall not become effective until and unless approved by appropriate official action of the governing body of each Party. 3. The NSRS shall be governed by a board of representatives of each of the Parties and structured as set forth in the Governance Structure, Attachment “A.” 4. Each Party agrees to allow the other Parties’ users to access their portion of the NSRS at no cost. 5. Each Party shall be solely responsible for its own operating expenses for their portion of the NSRS which shall consist of all costs, including user costs, associated with maintenance and operations of the NSRS. a. The Parties have agreed to establish the position of System Administrator whose responsibilities will be stated in the Governance Structure, Attachment “A.” One of the Parties will employ the services of the System Administrator, whose cost will shared equally by the Parties (one-third of the cost for each Party) and billed monthly by the Party employing such services to the other two Parties. If other appropriate entities are authorized to join the NSRS as SIO to the system, the cost the System Administrator shall be shared equally by all SIOs. b. Upon approval of the Governance Board, a Party may enter into a separate and exclusive agreement with another Party to facilitate the installation, operation, repair or maintenance of a system owned or operated by another Party. Upon approval of the Board, any work performed in this manner which incurs an expense would be billed directly by the Party incurring such expense to the Party who agreed to pay such expense. c. This Contract recognizes that each Party is subject to its own governing body’s guidelines for budgeting and funding and the need for all Governance Board proposals and activities to be consistent with those guidelines. The Parties reserve the right to establish an operating budget for the Governance Board, with provisions for contribution by each of the Parties in the future, if it becomes necessary, by agreement o...