Common use of Legal Effect of the Agreement Clause in Contracts

Legal Effect of the Agreement. This Final Project Agreement states the intentions of the Project Signatories with respect to the Labs21 XL Project. The Signatories have stated their intentions seriously and in good faith, and expect to carry out their stated intentions. Project signatories who sign on to any addendum agree to adhere to the provisions outlined in the umbrella FPA and the addendum itself. This Agreement in itself does not create or modify legal rights or obligations and is not a contract or a regulatory action, such as a permit or a rule, and is not legally binding or enforceable against any of the Project Signatories. Rather, it expresses the plans and intentions of the Project Signatories without making those plans and intentions binding requirements. This applies to the provisions of this Agreement that concern procedural as well as substantive matters. Thus, for example, the Agreement establishes procedures that the Project Signatories intend to follow with respect to dispute resolution and termination (see Sections VIII and IX). However, while the Project Signatories fully intend to adhere to these procedures, they are not legally obligated to do so. Because this Agreement itself does not create or modify any binding legal requirements, all applicable regulatory requirements will continue to apply to laboratories until EPA issues the appropriate implementation mechanism, if any. Any rules, permit modifications or legal mechanisms that enable implementation of this project will be effective and enforceable as provided under applicable law. This Agreement is not a "final agency action" by EPA, because it does not create or modify legal rights or obligations and is not legally enforceable. This Agreement itself is not subject to judicial review or enforcement. Nothing any Project Signatory does or does not do that deviates from a provision of this Agreement, or that is alleged to deviate from a provision of this Agreement, can serve as a basis for any claim for damages, compensation or other relief against any Project Signatory.

Legal Effect of the Agreement. This Final Project Agreement states the intentions of the Project Signatories with respect to the Labs21 IP’s XL ProjectProject for effluent improvements. The Signatories Parties have stated their intentions seriously and in good faith, and expect to carry out their stated intentions. Project signatories who sign on to any addendum agree to adhere to the provisions outlined in the umbrella FPA and the addendum itself. This Agreement in itself does not create or modify legal rights or obligations and is not a contract or a regulatory action, such as a permit or a rule, and is not legally binding or enforceable against any of the Project Signatories. Rather, it expresses the plans and intentions of the Project Signatories without making those plans and intentions binding requirements. This applies to the provisions of this Agreement that concern procedural as well as substantive matters. Thus, for example, the Agreement establishes procedures that the Project Signatories intend to follow with respect to dispute resolution and termination (see Sections VIII VIII. and IX.). However, while the Project Signatories fully intend to adhere to these procedures, they are not legally obligated to do so. Because this Agreement itself does not create or modify any binding legal requirements, all applicable regulatory the BMP requirements of 40 CFR 430.03 will continue to apply to laboratories IP’s Androscoggin Mill until EPA issues and ME DEP promulgates a site-specific rule to exempt the appropriate implementation mechanismmill from the rule’s provisions for the duration of this project. To this end, if anyEPA is proposing a site-specific rule for this project at the same time making a draft version of this FPA available for public review. The ME DEP will issue a site-specific rule that incorporates the provisions of the federal site-specific rule promulgated pursuant to this project as soon as possible after this FPA is signed. Any rules, permit modifications or legal mechanisms that enable implementation of implement this project will be effective and enforceable as provided under in applicable law. This Agreement is not a "final agency action" by EPA, because it does not create or modify legal rights or obligations and is not legally enforceable. This Agreement itself is not subject to judicial review or enforcement. Nothing any Project Signatory does or does not do that deviates from a provision of this Agreement, or that is alleged to deviate from a provision of this Agreement, can serve as a the sole basis for any claim for damages, compensation or other relief against any Project Signatory.