Common use of Severability and Termination Clause in Contracts

Severability and Termination. A. In the event any provision of this Agreement is deemed by a federal court to be contrary to, or in violation of, any applicable existing law or regulation of the United States of America, only the conflicting provision(s) shall be deemed null and void, and the remaining provisions of the Agreement shall remain in effect. B. USACE or ACHP may terminate this Agreement by providing thirty (30) days written notice to the other Signatories, provided that the Signatories consult during this period to seek amendments or other actions that would prevent termination. If this Agreement is terminated, USACE shall comply with Section 106 through other applicable means pursuant to 36 CFR Part 800. Upon such determination, USACE shall provide all other Signatories and ACHP with written notice of the termination of this Agreement and the current status of any on-going ABRs. C. A Consulting Tribe may notify the other Signatories that it is fully withdrawing from participation in the Agreement. Following such a withdrawal, USACE shall review Undertakings that may affect historic properties of religious and cultural significance to the Consulting Tribe , and Undertakings that occur on the Tribal Lands of the relevant Consulting Tribe, in accordance with 36 CFR §§ 800.3 through 800.7, 36 CFR § 800.8(c), or an applicable alternative under 36 CFR § 800.14. Withdrawal from this Agreement by a Consulting Tribe does not otherwise terminate the Agreement. At any time that this Agreement remains in effect, a Consulting Tribe that has withdrawn from the Agreement may notify USACE and SHPO in writing that it has elected to participate again rescinded its notice withdrawing from participation in the Agreement. D. Any SHPO of jurisdiction or Tribal Signatory may withdraw from this PA after providing USACE written notice ninety (90) calendar days prior to its withdrawal. USACE shall consult with the withdrawing party to identify any mutually acceptable measures that would avoid the party’s withdrawal. If mutually acceptable measures are identified that would require amendment to the PA, USACE will go through the amendment procedures outlined in Stipulation XIV (Amendments). In the case of SHPO withdrawal, the PA would no longer apply within that SHPO’s state and USACE would comply with 36 CFR Part 800 for all undertakings previously subject to this PA in that state. In the case of a Tribal Signatory withdrawing from the PA, USACE would consult with that Tribe pursuant to 36 CFR Part 800 for all undertakings previously subject to this PA that would have the potential to affect historic properties of religious and cultural significance to the Tribe. This PA would remain in effect in all other jurisdictions and for all other parties.

Severability and Termination. 1037 1038 A. In the event any provision of this Agreement PA is deemed by a federal court to be contrary to, or 1039 in violation of, any applicable existing law or regulation of the United States of 1040 America, only the conflicting provision(s) shall be deemed null and void, and the 1041 remaining provisions of the Agreement PA shall remain in effect.. 1042 1043 B. USACE or ACHP may terminate this Agreement PA by providing thirty (30) days written notice to the 1044 other Signatories and Invited Signatories, provided that the Signatories consult during 1045 this period to seek amendments or other actions that would prevent termination. If 1046 this Agreement PA is terminated, USACE shall comply with Section 106 through other 1047 applicable means pursuant to 36 CFR Part 800. Upon such determination, USACE 1048 shall provide all other Signatories and ACHP Invited Signatories with written notice of the 1049 termination of this Agreement PA and the current status of any on-going ABRs.projects. 1050 1051 C. A Consulting Tribe may notify the other Signatories and Invited Signatories that it is fully 1052 withdrawing from participation in the AgreementPA. Following such a withdrawal, USACE 1053 shall review Undertakings that may affect historic properties of religious and cultural 1054 significance to the Consulting Tribe , and Undertakings that occur on the Tribal Lands of the 1055 relevant Consulting Tribe, in accordance with 36 CFR §§ 800.3 through 800.7, 36 CFR §§ 1056 800.8(c), or an applicable alternative under 36 CFR §§ 800.14. Withdrawal from this Agreement 1057 PA by a Consulting Tribe does not otherwise terminate the AgreementPA. At any time that this Agreement 1058 PA remains in effect, a Consulting Tribe that has withdrawn from the Agreement PA may notify USACE and 1059 SHPO in writing that it has elected to participate again rescinded its notice 1060 withdrawing from participation in the Agreement.PA. 1061 1062 D. Any The Tribe or SHPO of jurisdiction or Tribal Signatory may withdraw from this PA after providing USACE written 1063 notice ninety (90) calendar days prior to its withdrawal. USACE shall consult with 1064 the withdrawing party to identify any mutually acceptable measures that would avoid 1065 the party’s withdrawal. If mutually acceptable measures are identified that would require amendment to the PA, USACE will go through the amendment procedures outlined in Stipulation XIV (Amendments). In the case of a Tribe or SHPO withdrawal, the PA would no 1066 longer apply within that SHPO’s state and USACE would comply with 36 CFR Part 800 for all undertakings 1067 previously subject to this PA in that statePA. In the case of a Tribal Signatory Tribe withdrawing from the PA, 1068 USACE would consult with that Tribe pursuant to 36 CFR Part 800 for all 1069 undertakings previously subject to this PA that would have the potential to affect 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 historic properties of religious and cultural significance to the Tribe. This PA would remain in effect in all other jurisdictions and for all other parties.