Legal Effect of the Agreement. This Agreement states the intentions of the Parties with respect to OMP’s XL Project. The Parties have stated their intentions seriously and in good faith, and expect to carry out their stated intentions. This Agreement in itself does not create or modify legal rights or obligations, is not a contract or a regulatory action, such as a permit or a rule, and is not legally binding or enforceable against any Party. Rather, it expresses the plans and intentions of the Parties without making those plans and intentions binding requirements. This applies to the provisions of this Agreement that concern procedural as well as substantive matters. For example, the Agreement establishes procedures that the Parties intend to follow with respect to dispute resolution and terminations (see Sections 9 and 10). However, while the Parties fully intend to adhere to these procedures, they are not legally obligated to do so. EPA intends to propose for public comment the site-specific rule and/or permit needed to implement this Project. Any rules, permit modifications or legal mechanisms that implement 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 Party does or does not do that deviates from the provisions of this Agreement, or that is alleged to deviate from the provisions, of this Agreement, can serve as the sole basis for any claim for damages, compensation or relief against any Party.
Appears in 1 contract
Samples: Final Project Agreement
Legal Effect of the Agreement. This Agreement states the intentions of the Parties with respect to OMP’s XL Columbus’ XLC Project. The Parties have stated their intentions seriously and in good faith, and expect to carry out their stated intentions. This Agreement in itself does not create or modify legal rights or obligations, is not a contract or a regulatory action, such as a permit or a rule, and is not legally binding or enforceable against any Party. Rather, it expresses the plans and intentions of the Parties without making those plans and intentions binding requirements. This applies to the provisions of this Agreement that concern procedural as well as substantive matters. For Thus, for example, the Agreement establishes procedures that the Parties intend to follow with respect to dispute resolution and terminations termination (see Sections 9 X and 10XI). However, while the Parties fully intend to adhere to these procedures, they are not legally obligated to do so. US EPA intends to propose for public comment has tentatively decided that issuance of the site-specific rule and/or permit variance needed to implement this Projectproject is appropriate, and has solicited public comment on the variance. Any rules, permit modifications or legal mechanisms that implement this Project The variance will be effective and enforceable as provided under applicable law. This Agreement is not a “"final agency action” " by US 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 Party does or does not do that deviates from the provisions a provision of this Agreement, or that is alleged to deviate from the provisions, a provision of this Agreement, can serve as the sole basis for any claim for damages, compensation or other relief against any Party.
Appears in 1 contract
Samples: Final Project Agreement
Legal Effect of the Agreement. This Agreement states the intentions of the Parties with respect to OMP’s Columbus’ XL Project. The Parties have stated their intentions seriously and in good faith, and expect to carry out their stated intentions. This Agreement in itself does not create or modify legal rights or obligations, is not a contract or a regulatory action, such as a permit or a rule, and is not legally binding or enforceable against any Party. Rather, it expresses the plans and intentions of the Parties without making those plans and intentions binding requirements. This applies to the provisions of this Agreement that concern procedural as well as substantive matters. For Thus, for example, the Agreement establishes procedures that the Parties parties intend to follow with respect to dispute resolution and terminations termination (see Sections 9 X and 10XI). However, while the Parties parties fully intend to adhere to these procedures, they are not legally obligated to do so. EPA USEPA intends to propose for public comment the site-specific rule and/or permit variance needed to implement this Project. Any rules, permit modifications or legal mechanisms that implement this Project The variance will be effective and enforceable as provided under applicable law. This Agreement is not a “"final agency action” " by EPAUSEPA, 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 Party does or does not do that deviates from the provisions a provision of this Agreement, or that is alleged to deviate from the provisions, a provision of this Agreement, can serve as the sole basis for any claim for damages, compensation or other relief against any Party.
Appears in 1 contract
Samples: Final Project Agreement
Legal Effect of the Agreement. This Agreement states the intentions of the Parties with respect to OMP’s XL Columbus’ XLC Project. The Parties have stated their intentions seriously and in good faith, and expect to carry out their stated intentions. This Agreement in itself does not create or modify legal rights or obligations, is not a contract or a regulatory action, such as a permit or a rule, and is not legally binding or enforceable against any Party. Rather, it expresses the plans and intentions of the Parties without making those plans and intentions binding requirements. This applies to the provisions of this Agreement that concern procedural as well as substantive matters. For Thus, for example, the Agreement establishes procedures that the Parties parties intend to follow with respect to dispute resolution and terminations termination (see Sections 9 X and 10XI). However, while the Parties parties fully intend to adhere to these procedures, they are not legally obligated to do so. US EPA intends to propose for public comment has tentatively decided that issuance of the site-specific rule and/or permit variance needed to implement this Projectproject is appropriate, and is soliciting public comment on the variance. Any rules, permit modifications or legal mechanisms that implement this Project The variance will be effective and enforceable as provided under applicable law. This Agreement is not a “"final agency action” " by US 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 Party does or does not do that deviates from the provisions a provision of this Agreement, or that is alleged to deviate from the provisions, a provision of this Agreement, can serve as the sole basis for any claim for damages, compensation or other relief against any Party.
Appears in 1 contract
Samples: Final Project Agreement