Common use of Modification by Agreement Clause in Contracts

Modification by Agreement. Notwithstanding any other provision of this Settlement Agreement, the Mutual-Benefit Projects Parties may by unanimous consent agree that any one or more of them may seek and accept funding pursuant to Section 507(a) of the Settlement Act exceeding the amounts set forth in Articles 10.1.1, 10.1.2.1, 10.1.3.1, 10.1.5.1 or 10.1.6 (the “Construction Funding Articles”). In the event that any of the Mutual-Benefit Projects costs would exceed the maximum grant funding request specified for that project in the Construction Funding Articles, then the Mutual-Benefit Projects Parties, the United States, and the State will cooperate to make funding allocation adjustments. No Mutual-Benefit Projects Party whose Mutual-Benefit Project is fully constructed and operational shall withhold agreement for another Mutual-Benefit Projects Party to seek grant funding pursuant to Section 507(a) in an amount more than that specified in the applicable provisions of the Construction Funding Articles. For purposes of this Article 10.1.7 only, each Mitigation Well to be constructed pursuant to Article