PERIODIC REVIEW OF AGREEMENT. The Parties agree to convene to review this Agreement periodically. Beginning on July 1, 2025, either Party may request that the Parties meet to consider amendments to this Agreement. If a request to consider amendments is made, the Parties agree to convene and, in a timely manner, assign adequate staff resources, establish a schedule for negotiations and participate in the negotiations in good faith.
PERIODIC REVIEW OF AGREEMENT. In the interest of maintaining a good-faith, long-term relationship between Buyer and Subcontractor as contemplated by this Agreement, Buyer and Subcontractor shall convene no less than an annual review each calendar year to discuss the agenda items suggested below:
1. Subcontractor's and Buyer's past performance.
2. Buyer's business projections.
3. Possible opportunities for cost savings to both parties.
4. Potential for the extension of the Agreement.
5. Other matters as deemed applicable and appropriate by the parties.
PERIODIC REVIEW OF AGREEMENT. 13.1 In the interest of maintaining a good-faith, long-term relationship between Buyer and Seller as contemplated by this Agreement, Buyer and Seller shall convene no less than an annual review each calendar year to discuss the agenda items suggested below:
1. Seller's and Buyer's past performance 2. Buyer's business projections
PERIODIC REVIEW OF AGREEMENT. The County shall conduct an annual review of the Property and this Agreement to determine if there has been demonstrated good faith compliance with its terms. The County’s review can be conducted at the Annual Unit Review to be scheduled for the Project.
PERIODIC REVIEW OF AGREEMENT. The Monitor shall also review the provisions of the Agreement and assess whether any Agreement provision as drafted is not furthering the purpose of the Agreement or whether there is a preferable alternative that will achieve the same purpose. If so, the Monitor shall identify such provisions to the Parties. Where the Parties or the Monitor are uncertain whether a change to the Agreement is advisable, the Parties may agree to suspend the current Agreement requirement for a time period agreed upon at the outset of the suspension. During this suspension, the Parties may agree to temporarily implement an alternative requirement. The Monitor shall assess whether the suspension of the requirement, and the implementation of any alternative provision, is as or more effective at achieving the purpose of the original Agreement requirement and the Parties shall consider this assessment in determining whether to jointly stipulate to make the suggested change, modification, or amendment. The Parties shall then confer and submit any proposed modifications to the Court for its approval.
PERIODIC REVIEW OF AGREEMENT. The Parties agree to periodically review, at least every three years, the implementation of this Agreement to determine if this Agreement and its structures and processes are effective and achieving the purposes of this Agreement.
PERIODIC REVIEW OF AGREEMENT. The Parties will review and revise this Agreement to ensure compliance with the Federal Clean Water Act (42 U.S.C. §1251 et seq.) and rules and regulations (see 40 CFR Part 403) issued thereunder, as necessary, but at least once every five (5) years on a date to be determined by the Parties.
PERIODIC REVIEW OF AGREEMENT. This Agreement shall be subject to annual review on April 1, [2023] and each April 1 thereafter during the term of this Agreement pursuant to Berkeley Municipal Code sections 22.16.070. To meet its responsibilities under Berkeley Municipal Code section 22.16.070.A.2, Bayer must submit a report which includes, in addition to other information submitted by Bayer or reasonably determined necessary by the City Manager, the following:
(a) The total square footage developed for private use on the Project Site, and its level of compliance with Exhibit C;
(b) The public space constructed, by category and location;
(c) The status of implementation of the provisions of Exhibits D and E to this Agreement; and
(d) Bayer's proposed schedule for further development of the Project over the remaining Term of this Agreement to the extent such is reasonably foreseeable. In conjunction with each annual review, upon the request of either party, the parties shall meet in good faith to discuss and reasonably attempt to resolve any issues raised by that party as to the other party's compliance with this Agreement. If, following such annual review, the City Manager finds that Bayer is not in compliance with the terms of the Agreement, the City Manager shall give Bayer written notice specifying the respects in which Bayer has failed to comply, and shall set forth terms of compliance and specify a reasonable time consistent with Section 6.3 of this Agreement for Bayer to meet the terms of compliance. If Bayer does not comply with any terms of compliance within the prescribed time limits, the Agreement shall be subject to termination or modification pursuant to Berkeley Municipal Code section 22.16.080B. The parties understand that the Site Development Standards and Design Guidelines (Exhibit C) reflect the maximum allowable buildout envisioned for the Project and that failure to achieve the maximum allowable buildout as reflected in the Site Development Plan shall not constitute failure to make reasonable progress toward buildout of the Project. Failure of the City to conduct a periodic review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement, nor shall Bayer have or assert any defense to such enforcement by reason of such failure to conduct a periodic review.
PERIODIC REVIEW OF AGREEMENT. This MOA will be reviewed annually on or around the anniversary of its effective date for financial impacts, and triennially in its entirety.
PERIODIC REVIEW OF AGREEMENT
