IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT Sample Clauses

IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT. A. The United States Government shall not be liable for any damage incident to the performance of work under this Agreement to any depositors or landowners who are parties to the Agreement, and all such depositors or landowners hereby expressly waive any and all claims against the United States Government for compensation for any loss, damage, personal injury or death occurring in consequence of the performance of this Agreement. B. This instrument is executed as of the last date shown below and expires four (4) years from the date of execution at which time it will be subject to review, renewal, or expiration. Either party may terminate this agreement by thirty (30) calendar days written notice to the other. In the event of early termination, any funds on deposit or obligated in a purchase order will be available for expenses incident to closing out the work beyond the written notice. C. Pursuant to Section 22, Title 41, United States Code, no member of, or Delegate to, Congress shall be admitted to any share or part of this instrument, or any benefits that may arise therefrom. D. Nothing herein shall be construed as obligating the Forest Service to expend or involving the United States in any contract or other obligation for the future payment of money in excess of appropriations authorized by law and administratively allocated for this work. E. Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by both parties, prior to any changes being performed. The Forest Service is not obligated to fund any changes not properly approved in advance. F. Improvements placed on National Forest System land at the direction of either party, shall thereupon become property of the United States, and shall be subject to the same regulations and administration of the Forest Service as other National Forest improvements of a similar nature. G. This instrument in no way restricts the Forest Service or the Cooperator(s) from participating in similar activities with other public or private agencies, organizations and individuals. H. No part of this agreement shall entitle the cooperator to any share or interest in the project other than the right to use and enjoy the same under the existing regulations of the Forest Service including that specified by their permit. I. The principal contacts for this instrument are: XXX XXX USDA Forest Service Campground Concessionaire Xxxx X...
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IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT. 1. This MOU serves to renew the Clackamas, Xxxxx, Multnomah, Washington Cooperative Weed Management Area (CWMA) which encompasses the geographic area of the four counties. 2. The parties to this MOU will cooperatively prepare a Management Plan to describe the goals, objectives and strategies of the CWMA. The Management Plan will also outline the structure and functioning of the CWMA and provide any other needed background information. Absent any separate agreement among one or more parties, each party is solely responsible for its own costs and participation in this joint planning effort. 3. Modifications within the scope of this MOU shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed. 4. Any party, in writing, may terminate their participation in this MOU in whole, or in part, at any time before the date of expiration. 5. New parties may be added to the MOU by modifying the MOU as described in Section C (4) above. It is the intent that the CWMA remain open and inclusive of all organizations and individuals who wish to work cooperatively on invasive weed issues. 6. This instrument in no way restricts the parties from participating in similar activities with other public or private agencies, organizations, and individuals. 7. This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement, contribution of funds, or transfer of anything of value between the parties to this instrument will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. Specifically, this instrument does not establish authority for noncompetitive award to the cooperator of any contract or other agreement. Any contract of agreement for training or other services must fully comply with all applicable requirements for competition. 8. Any information furnished to Federal Agencies under this Agreement is subject to the Freedom of Information Act (5 U.S.C. 552). 9. This agreement is subject to all applicable laws, and each party agrees to be individually responsible for full legal compliance with laws and regulations applicable to each party. Each party is an individual entity, and no ...
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IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT. 1. Contact person(s) will be assigned to implement the MOU. All notices required under this MOU shall be sent to the respective contact person. 2. Contact person(s) will meet on a quarterly basis to identify their progress in achieving the goals outlined in this MOU. The first quarterly meeting of the designees shall be held within 60 days of the execution of this MOU. 3. Designated contact person(s) will submit annual progress reports to the Regional Board Executive Officer and Shasta-Trinity Forest Supervisor. 4. Regular opportunities will be made for the public and other agencies affected by this MOU to attend meetings held by the designated contact person(s). 5. In entering into this MOU, it is the intention of the Parties that this MOU shall not be construed to be an enforceable contract or agreement, but is rather, a statement of principles, and shall not be the basis for litigation between the parties. 6. This MOU may be amended with the mutual written approval of all signatories or their successors. 7. Freedom of Information Act (FOIA): Any information furnished to the Forest Service under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552).
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IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT. A. FREEDOM OF INFORMATION ACT (FOIA). Any information furnished to the FS under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552).
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IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT. A. The United States Government shall not be liable for any damage incident to the performance of work under this Agreement to any depositors or landowners who are parties to the Agreement, and all such depositors or landowners hereby expressly waive any and all claims against the United States Government for compensation for any loss, damage, personal injury or death occurring in consequence of the performance of this Agreement. B. This instrument is executed as of the last date shown below and expires four (4) years from the date of execution at which time it will be subject to review, renewal, or expiration. Either party may terminate this agreement by thirty
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IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT. 1. All incidents, major disasters and emergencies will be managed and coordinated using NIMS principles and practices. Incidents requiring Federal coordination will follow the processes identified in the NRF. 2. The Forest Service and FEMA are responsible for maintaining a system of management controls to ensure that government-funded activities are managed effectively, efficiently, economically and with integrity to prevent waste, fraud and abuse. 3. Federal firefighting resource response is interagency in nature and includes Forest Service, DOI agencies, and State and local partners. The Forest Service will make every attempt to close Mission Assignments as expediently as possible.
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Related to IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT

  • Evaluation and Understanding (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision to enter into the Transaction; and (ii) It understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.

  • Assessment and Understanding It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.

  • Additional Agreements and Understandings Even though FICO will provide consideration for me to settle and release My Claims, the Company does not admit that it is responsible or legally obligated to me. In fact, the Company denies that it is responsible or legally obligated to me for My Claims, denies that it engaged in any unlawful or improper conduct toward me, and denies that it treated me unfairly.

  • Entire Agreement and Severability This Agreement represents the entire agreement among the parties with regard to the investment management matters described herein and may not be amended, modified or waived without the affirmative written consent of the Adviser and the Sub-Adviser effected in accordance with Section 17 of this Agreement except as otherwise noted herein. If any provision of this Agreement shall be held or made invalid by a statute, rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected thereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.

  • INSURANCE COMPANY NOT A PARTY TO THIS AGREEMENT The Insurer shall not be deemed a party to this Agreement, but will respect the rights of the parties as herein developed upon receiving an executed copy of this Agreement. Payment or other performance in accordance with the policy provisions shall fully discharge the Insurer from any and all liability.

  • Entire Agreement; Nonassignability; Parties in Interest This Agreement and the documents and instruments and other agreements specifically referred to herein or delivered pursuant hereto, including the Exhibits, the Schedules, including the Medicus Disclosure Schedule and the QuadraMed Disclosure Schedule (a) constitute the entire agreement among the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, both written and oral, among the parties with respect to the subject matter hereof, except for the Confidentiality Agreement, which shall continue in full force and effect, and shall survive any termination of this Agreement or the Closing, in accordance with its terms; (b) are not intended to confer upon any other person any rights or remedies hereunder, except as set forth in Sections 1.6(a)-(c) and (f), 1.7-1.9, 5.11 and 5.14; and (c) shall not be assigned by operation of law or otherwise except as otherwise specifically provided.

  • Understanding of Risks Purchaser is fully aware of: (a) the highly speculative nature of the investment in the Shares; (b) the financial hazards involved; (c) the lack of liquidity of the Shares and the restrictions on transferability of the Shares (e.g., that Purchaser may not be able to sell or dispose of the Shares or use them as collateral for loans); (d) the qualifications and backgrounds of the management of the Company; and (e) the tax consequences of investment in the Shares.

  • Representations Relating to Documents and Legal Compliance Borrower represents and warrants to Silicon as follows: All statements made and all unpaid balances appearing in all invoices, instruments and other documents evidencing the Receivables are and shall be true and correct and all such invoices, instruments and other documents and all of Borrower's books and records are and shall be genuine and in all respects what they purport to be, and all signatories and endorsers have the capacity to contract. All sales and other transactions underlying or giving rise to each Receivable shall fully comply with all applicable laws and governmental rules and regulations. All signatures and endorsements on all documents, instruments, and agreements relating to all Receivables are and shall be genuine, and all such documents, instruments and agreements are and shall be legally enforceable in accordance with their terms.

  • Entire Agreement; Parties in Interest This Agreement and the documents and instruments and other agreements specifically referred to herein or delivered pursuant hereto, including all the exhibits attached hereto, the Schedules, including the Company Disclosure Letter, (a) constitute the entire agreement among the parties hereto with respect to the subject matter hereof and supersede all prior agreements and understandings, both written and oral, among the parties hereto with respect to the subject matter hereof, except for the Confidentiality Agreement, which shall continue in full force and effect, and shall survive any termination of this Agreement, in accordance with its terms and (b) are not intended to confer, and shall not be construed as conferring, upon any Person other than the parties hereto any rights or remedies hereunder (except that Article VIII is intended to benefit the Indemnified Persons).

  • Understanding of Agreement Executive represents and warrants that he has read and understood each and every provision of this Agreement, and Executive understands that he has the right to obtain advice from legal counsel of choice, if necessary and desired, in order to interpret any and all provisions of this Agreement, and that Executive has freely and voluntarily entered into this Agreement.

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