Common use of SAVINGS PROVISIONS Clause in Contracts

SAVINGS PROVISIONS. A. Nothing in this Agreement shall constitute an admission or evidence of any fact, wrongdoing, misconduct, or liability on the part of the United States, its officers or agencies, or any person affiliated with it. This Agreement shall not be used or admitted in any proceeding against a Party over the objection of that Party. B. Nothing in this Agreement shall be construed to limit or modify the discretion accorded to EPA by the Clean Water Act or by general principles of administrative law, nor shall it in any way be deemed to limit EPA’s discretion in taking any final agency action or adopting any rule, policy, or guidance. C. Nothing in this Agreement shall be construed to limit or modify EPA’s discretion to alter, amend, or revise any regulations, guidance, policy, or interpretation EPA may issue in accordance with, or on matters related to, this Agreement from time to time or to promulgate or issue superseding regulations, guidance, or interpretations, or to limit any right that Plaintiffs may have to seek judicial or administrative review in a subsequent case of any such action by EPA. D. To the extent this Agreement provides that EPA will request, recommend, or otherwise encourage any jurisdiction or federal agency (other than EPA) to take any action, or provide any information, the Parties agree that the jurisdiction’s or agency’s failure to comply with EPA’s request, recommendation, or encouragement shall not constitute a breach of this Agreement by EPA. E. No provision of this Agreement shall be interpreted as or constitute a commitment or requirement that EPA obligate or pay funds in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or take actions in contravention of the Administrative Procedure Act, 5 U.S.C. §§ 551–559, 701–706, the Clean Water Act, or any other law or regulation, either substantive or procedural. F. The possibility exists that circumstances outside the reasonable control of EPA could delay compliance with deadlines stated in this Agreement. Such situations include, but are not limited to, a government shut-down such as occurred in 1995, 1996, 2013, and 2018–2019, or catastrophic environmental events requiring immediate and/or time-consuming response by EPA. Should a delay occur due to such circumstances, any resulting failure to meet the deadlines set forth herein shall not constitute a failure to comply with the terms of this Agreement, and any deadlines shall be extended one day for each day of the delay. EPA will provide Plaintiffs with notice as soon as is reasonably possible under the circumstances in the event that EPA invokes this term of the Agreement and will provide Plaintiffs with an explanation of EPA’s basis for invoking the provisions of this Paragraph.