IT IS MUTUALLY UNDERSTOOD AND AGREED Sample Clauses

IT IS MUTUALLY UNDERSTOOD AND AGREED a. This Agreement may be executed in separate parts by the Parties. The Agreement shall be effective upon the date it is executed by all Parties and will expire by its own operation four (4) years after execution, unless extended or sooner terminated by mutual written agreement by all Parties. All work described in Section (1), above, shall be completed by the expiration of this Agreement. b. The District shall have the right to reject all bids after notifying LADWP and may re-advertise the Pacoima Spreading Grounds Project if the District deems such action is to be in the best interests of the District. c. Each party shall have no financial obligation to the other party under this Agreement, except as herein expressly provided. d. At the sole discretion of the District, the Pacoima Spreading Grounds Project may be designed, advertised, awarded, and constructed in up to two separate construction contracts. e. In determining the amount of LADWP’S contribution described in Section (2), paragraphs a and b, above, the actual construction costs for the Pacoima Spreading Grounds Project, and therefore LADWP’S portion thereof, shall be reduced by one-half of the amount of any grant funding or other outside funds for the construction contract(s) costs of the Pacoima Spreading Grounds Project, that may be secured by the District or LADWP. f. This Agreement may be modified only by mutual written consent of District and LADWP. Amendments and modifications of a nonmaterial nature may be made by the mutual written consent of the Parties’ Directors or their delegates. g. Notwithstanding any other provision of this Agreement, District may terminate this Agreement as to the Pacoima Spreading Grounds Project if it determines, in its sole discretion, not to proceed with the Pacoima Spreading Grounds Project. In the event that District terminates this Agreement as to the Pacoima Spreading Grounds Project, pursuant to this paragraph, or if District fails to complete the Pacoima Spreading Grounds Project in accordance with this Agreement, the District shall return any unused funds for the Pacoima Spreading Grounds Project previously deposited by LADWP pursuant to this Agreement, if any. The District shall also return an accounting of the funds applied to the Pacoima Spreading Grounds Project with a copy of any completed or work in progress design documents and shall have no further obligation or liability to LADWP or City for any act, error, omission, or willful misconduct in ...
Sample 1
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IT IS MUTUALLY UNDERSTOOD AND AGREED. 12 All parties agree to the following mutual responsibilities regarding PROJECT: 13 A. The AUTHORITY shall review, provide input to, and approve all PROJECT 14 documents that are submitted to FTA. 15 B. AUTHORITY representative shall be an integral and on-going part of PROJECT 16 reviews. CITY acknowledges that the AUTHORITY has final approval authority. 17 C. The above on-going responsibilities entitle AUTHORITY, and any of their designated 18 consultants, the opportunity to: attend monthly coordination meetings, have final draft PROJECT 19 materials sent to them in a timely manner so as to be able to provide meaningful input, and have 20 iterative review and comment opportunity as warranted by the process.
Sample 1
IT IS MUTUALLY UNDERSTOOD AND AGREED a. This Agreement may be executed in separate parts by the Parties. The Agreement shall be effective upon the date it is executed by all Parties and will expire by its own operation six (6) years after execution, unless extended or sooner terminated by mutual written agreement by all Parties. All work described in Section (1), above, shall be completed by the expiration of this Agreement. b. This funding shall be used solely for actual intended costs and shall not be used to supplement other activities outside of those defined in Agreement No. 47864 and as part of this Agreement. c. Each of the Parties hereto, pursuant to California Government Code, Sections 895.4 and 895.6, will assume the full liability imposed upon it or any of its officers, agents, or employees by law for injury caused by any act or omission occurring in the performance of this Agreement to the same extent such liability would be imposed in the absence of California Government Code, Section 895.2. To achieve the above-stated purpose, each of the Parties indemnifies and holds harmless the other party of any liability, cost, or expenses that may be imposed upon such other party solely by virtue of said California Government Code, Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. d. LADWP and the District agree to the terms contained in Exhibits A, B, and C. e. The District shall have the right to reject all bids after notifying LADWP and may readvertise the Project if the District deems such action is to be in the best interests of LADWP and the District. f. The design, construction, and project management for the Project will be performed in accordance with said plans and specifications following the District standards and practices current as of the date of performance. g. At the sole discretion of the District, the Project may be designed, advertised, awarded, and constructed in up to two separate construction contracts. h. During construction of the Project, the District shall furnish an inspector or other representative to perform the functions of an inspector. LADWP may also furnish at no cost to the District, an inspector or other representative to inspect construction of the Project. Said inspectors shall cooperate and consult with each other. LADWP inspector shall not issue any directive(s) to the contractor, but shall work through the District inspector. The District inspector shall be the only inspector...
Sample 1
IT IS MUTUALLY UNDERSTOOD AND AGREED a. The Agreement shall be effective upon the date it is executed by Parties and shall terminate with the expiration of the Contract, unless the term is extended at the mutual consent by both Parties. b. Either Party may terminate the Agreement for any reason in whole or in part by giving the other Party 30 calendar days written notice. In the event of termination by either Party, Parties agree to take all reasonable measures to prevent further costs under the Agreement. LADWP shall assess the percentage of work performed prior to termination of this Agreement that benefits LADWP’s water recycling, conservation, stormwater programs, and related stakeholder outreach and community engagement efforts subject to the limitations set forth in Article 2 above, and LASAN shall reimburse LADWP within 180 days the difference between the funding authorized under this Agreement and the Consultant costs resulting in benefits to these programs. c. Neither Party shall have any financial obligation to the other Party under this Agreement except as herein expressly provided. d. This Agreement may be modified only by mutual written consent of LASAN and LADWP. Amendments and modifications of a nonmaterial nature may be made by the mutual written consent of the Parties' Directors or their delegates. e. LADWP may participate and provide input to the work performed by LASAN in connection with One Water LA, including the development of work plans and the review of draft plans, reports and other design documents as related to LADWP activities. f. LADWP’s obligation under Article 2(a)(ii) above is contingent upon the written approval of the LADWP Senior Assistant General Manager – Water Systems of all final One Water LA related documents prior to publication and distribution to stakeholders. g. LADWP and LASAN shall be required to make staff reasonably available, if requested, to participate and provide input at scheduled meetings, community meetings and workshops, etc. for the One Water LA Plan. h. In the event that performance on the part of any Party hereto is delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said Party, none of the Parties shall incur any liability to the other Party as a result of such delay or suspension. Circumstances deemed to be beyond the control of the Parties hereunder include, but are not limited to, acts of God or of the public enemy; insurrection; acts of the Federal government or ...
Sample 1
IT IS MUTUALLY UNDERSTOOD AND AGREED. All parties agree to the following mutual responsibilities regarding the PROJECT: A. This AGREEMENT shall commence upon the Effective Date, and shall continue in full force unless terminated as provided in this Agreement. B. This Agreement may be amended in writing at any time by the mutual consent of both parties. No amendment shall have any force or effect unless executed in writing by both parties. C. SCRRA or COMMISSION may terminate this AGREEMENT, without cause, by delivering written notice of termination to the other party not less than sixty (60) calendar days before the date of termination. D. The persons executing this AGREEMENT on behalf of the parties hereto warrant that they are duly authorized to execute this AGREEMENT on behalf of said parties and that, by so executing this AGREEMENT, the parties hereto are formally bound to the provisions of this AGREEMENT. E. All notices hereunder and communications required or permitted by this AGREEMENT, or changes thereto, or by law to be served on, given to or delivered to any other party hereto by any other party to this AGREEMENT shall be in writing and shall be deemed duly served, given or delivered upon 1) hand delivery of said notices in person or 2) by depositing said notices in the U.S. mail, registered, or certified mail (return receipt requested and first-class postage prepaid) and addressed as follows or as later changed in a manner required by this section: To SCRRA: To COMMISSION : Southern California Regional Rail Authority Ventura County Transportation Commission 000 Xxxxxxxx Xxxxxxxxx Xxxxx 0000 Xxx Xxxxxxx, XX 00000 ATTN: Xxxxx Xxxxxxx, Senior Contract and Compliance Administrator 000 Xxxxxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xxxxxxxxxx 00000 ATTN: Xxxxxx X. Xxxxxxxx, Dir. of Public Transit CC: Xxxxx Xxxxxxxx, Program Manager – Transit Services Tel: 000-000-0000 Tel: 000-000-0000 x 000 Email: xxxxxxxx@xxxxx.xxx Email: xxxxxxxxx@xxxxxxxxx.xxx Any notice that is addressed and delivered in the manner herein provided shall be conclusively presumed to have been duly given to the party to which it is addressed at the close of business, local time of the recipient, 1) upon delivery if by hand delivery, and 2) on the third day after the day it is so placed in the mail or as evidenced by the return receipt requested card which ever is later. Any party may change their address for the purposes of this Agreement by giving notice of the change in the manner required by this section, to the other part...
Sample 1
IT IS MUTUALLY UNDERSTOOD AND AGREED. 9 All parties agree to the following mutual responsibilities regarding PROJECT: 10 A. It is anticipated that the PROJECT shall proceed in a phased approach with this 11 Agreement applying to PHASE 1 of the PROJECT. The roles and responsibilities of the 12 parties as they pertain to FUTURE PHASES are as of yet undetermined. The parties agree 13 that the roles and responsibilities for the FUTURE PHASES will be determined at a later date 14 and will be the subject of either an amendment(s) to this Agreement or a separate cooperative 15 agreement(s). 16 B. If funding for the TRANSIT CENTER is not secured or if a mutually acceptable 17 DEVELOPER proposal is not received either party may terminate this agreement. 18 C. If any conflict arises between the requirements of this Agreement and those of 19 Cooperative Agreement C-7-1288, the requirements of this Agreement shall control. 20 D. The parties agree that in the performance of their respective duties and 21 obligations as set forth in this Agreement, they shall at all times abide by and comply with all 22 federal, state and local laws, regulations and ordinances. 23 E. This Agreement shall continue in full force and effect through December 31, 24 2013. This Agreement may only be extended upon the written mutual agreement by both 25 parties. 1 F. The terms for continued operation and maintenance of the PROJECT will be 2 documented in the leases between the AUTHORITY and the DEVELOPER, and the CITY and 3 the DEVELOPER.
Sample 1

Related to IT IS MUTUALLY UNDERSTOOD AND AGREED

  • Agreed Venue of dispute resolution with a TIPS Member

  • ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES Contractor assumes sole responsibility and all risks of personal injury or property damage to itself and its employees and agents in connection with its operations under this Contract. Enterprise Services has made no representations regarding any factor affecting Contractor’s risks. Contractor shall pay for all damage to any Purchaser’s property resulting directly or indirectly from Contractor’s acts or omissions under this Contract.

  • Independent Legal and Tax Advice Optionee acknowledges that the Company has advised Optionee to obtain independent legal and tax advice regarding the grant and exercise of the Option and the disposition of any Shares acquired thereby.

  • COMMUNICATIONS BETWEEN THE PARTIES A copy of all communications relating to the subject matter of this Agreement between the Issuer and any Paying Agent (other than the Agent) shall be sent to the Agent.

  • Disputes between the Contracting Parties (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiation. (2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. (4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedures.

  • LEAD HANDS 28.01 Lead hands may be appointed by the Gallery from time to time as the Gallery in its discretion deems necessary. Lead hand responsibilities generally include assigning and monitoring work performance, scheduling, administration and resolving work-related problems. Such persons shall receive an additional one dollar ($ 1.00) per hour for each hour worked for the duration of the appointment. This lead hand premium will not form part of the employee's regular straight time hourly rate.

  • Mutually Agreed Changes Any mutually agreed changes to this Collective Agreement shall form part of this Collective Agreement and are subject to the grievance and arbitration procedure.

  • Settlement of Disputes between the Contracting Parties 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels. 2. If a dispute between the contracting Parties cannot thus be settled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the vice- President is a national of either Contracting Party or if he too is prevented form discharging the said function, the members of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall be invited to make the necessary appointments. 5. The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

  • WILD AND SCENIC RIVERS The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271, et seq.) as amended, particularly sections 7(b) and (c) (16 U.S.C. § 1278(b) and (c)). AIR QUALITY The Clean Air Act (42 U.S.C. § 7401, et seq.) as amended, particularly sections 176(c) and (d) (42 U.S.C. §7506(c) and (d)). Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency-40 C.F.R. Parts 6, 51, and 93).

  • Settlement of Disputes between Contracting Parties 1. Should any dispute arise concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicably. 2. If the dispute cannot be settled in a such manner it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article. 3. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator. The two arbitrators will choose a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed within two months from the date of appointment of the other two arbitrators. 4. If within the period specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to the President of the International Court of Justice to make the appointment. If he is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointment. 5. The Arbitral Tribunal shall reach its decision by a majority of votes, such decision shall be final and binding. Each contracting Party shall bear the costs of its own arbitrator and its counsel in the arbitral proceedings, the costs of the chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.

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