TERMINATION AND SATISFACTION. A. The provisions of this Agreement shall be deemed satisfied upon a consensus of the Parties that the Corps has completed its obligations under the terms of this Agreement. Following EPA Certification of the remedial actions at the Site pursuant to Section XXXII.D.2 (Work to be Performed) any Party may propose in writing the termination of this Agreement upon a showing that the objectives of this Agreement have been satisfied. A Party opposing termination of this Agreement shall serve its objection upon the proposing Party within 30 days of receipt of the proposal. No Party shall unreasonably withhold or delay termination of this Agreement. B. The obligations and objectives of this Agreement, except for the continuing obligations identified below, shall be deemed satisfied and terminated upon receipt by the Corps of written notice from the EPA, with concurrence of the State, that the Corps has demonstrated that all the requirements of this Agreement have been satisfied. C. Any disputes arising from this Termination and Satisfaction process shall be resolved pursuant to the provisions of Section XII (Resolution of Disputes) of this Agreement. D. This Section shall not affect the Parties’ continuing obligations pursuant to Section XXXVI (Preservation of Records) or Section XXXIII (Periodic Review) of this Agreement. In no event will this Agreement terminate prior to the Corps’ completion of the Work required by this Agreement.
Appears in 1 contract
Samples: Federal Facility Agreement
TERMINATION AND SATISFACTION. A. 39.1 The provisions of this Agreement shall be deemed satisfied upon a consensus of the Parties that the Corps VA has completed its obligations under the terms of this Agreement. Following EPA Certification of all the remedial response actions at the Site pursuant to Subsection 9.8 of Section XXXII.D.2 (Work to be Performed) IX – WORK TO BE PERFORMED, any Party may propose in writing the termination of this Agreement upon a showing that the requirements of this Agreement have been satisfied. The obligations and objectives of this Agreement shall be deemed satisfied and terminated upon receipt by VA of written notice from EPA, with concurrence of the UDEQ that VA has demonstrated that all the requirements of this Agreement have been satisfied. A Party opposing termination of this Agreement shall serve provide a written statement of the basis for its objection upon denial and describe the actions necessary to grant a termination notice to the proposing Party within 30 ninety (90) days of receipt of the proposal. No Party shall unreasonably withhold or delay termination of this Agreement.
B. The obligations and objectives of this Agreement, except for the continuing obligations identified below, shall be deemed satisfied and terminated upon receipt by the Corps of written notice from the EPA, with concurrence of the State, that the Corps has demonstrated that all the requirements of this Agreement have been satisfied.
C. 39.2 Any disputes arising from this Termination and Satisfaction process shall be resolved pursuant to the provisions of Section XII (Resolution of Disputes) XIX – DISPUTE RESOLUTION, of this Agreement.
D. 39.3 Upon termination of this Agreement, VA shall place a public notice announcing termination in two (2) local newspapers of general circulation.
39.4 This Section shall not affect the Parties’ continuing obligations pursuant to Section XXXVI (Preservation of Records) XX – PERIODIC REVIEW or Section XXXIII (Periodic Review) XXX – RECORD PRESERVATION of this Agreement. In no event will this Agreement terminate prior to the Corps’ VA's completion of the Work required by this Agreement.. VA Medical Center Federal Facility Agreement Table of Contents i Acronyms and Abbreviations ii
Appears in 1 contract
Samples: Federal Facility Agreement
TERMINATION AND SATISFACTION. A. The provisions of this Agreement shall be deemed satisfied upon a consensus agreement of the Parties that the Corps USACE has completed its obligations under the terms of this Agreement. Following EPA Certification USEPA certification of the remedial actions at the Site pursuant to Section XXXII.D.2 Paragraph 3 of Part XXV (Work to be To Be Performed) ), any Party may propose in writing the termination of this Agreement upon a showing that the objectives of this Agreement have been satisfied. A Party opposing termination of this Agreement shall serve its objection upon the proposing Party within 30 thirty (30) days of receipt of the proposal. No Without prejudice to the USACE’s obligation for periodic review under Part XXVI (Periodic Review), no Party shall unreasonably withhold or delay termination of this Agreement.
B. The obligations and objectives of this Agreement, except for the continuing obligations identified specified below, shall be deemed satisfied and terminated upon receipt by the Corps USACE of written notice from the EPA, with concurrence of the StateUSEPA, that the Corps USACE has demonstrated that all the requirements of this Agreement have been satisfied.
C. Any disputes arising from this Termination and Satisfaction process shall be resolved pursuant to the provisions of Section XII Part XI (Resolution of Disputes) of this Agreement.
D. This Section Part shall not affect the Parties’ continuing obligations pursuant to Section XXXVI Part XXIX (Preservation of Records) or Section XXXIII Part XXVI (Periodic Review) of this Agreement. In no event will this Agreement terminate prior to the Corps’ USACE’s completion of the Work required by this Agreement.
Appears in 1 contract
Samples: Federal Facility Agreement
TERMINATION AND SATISFACTION. A. 40.1 The provisions of this Agreement shall be deemed satisfied upon a consensus of the Parties that the Corps Army has completed its obligations under the terms of this Agreement. Following EPA Certification of all the remedial response actions at the Site pursuant to Subsection 9.8 of Section XXXII.D.2 (Work to be Performed) IX – WORK TO BE PERFORMED, any Party may propose in writing the termination of this Agreement upon a showing that the requirements of this Agreement have been satisfied. The obligations and objectives of this Agreement shall be deemed satisfied and terminated upon receipt by the Army of written notice from EPA, with concurrence of the VDEQ, that the Army has demonstrated that all the requirements of this Agreement have been satisfied. A Party opposing termination of this Agreement shall serve provide a written statement of the basis for its objection upon denial and describe the actions necessary to grant a termination notice to the proposing Party within 30 ninety (90) days of receipt of the proposal. No Party shall unreasonably withhold or delay termination of this Agreement.
B. The obligations and objectives of this Agreement, except for the continuing obligations identified below, shall be deemed satisfied and terminated upon receipt by the Corps of written notice from the EPA, with concurrence of the State, that the Corps has demonstrated that all the requirements of this Agreement have been satisfied.
C. 40.2 Any disputes arising from this Termination and Satisfaction process shall be resolved pursuant to the provisions of Section XII (Resolution of Disputes) XX – DISPUTE RESOLUTION, of this Agreement.
D. 40.3 Upon termination of this Agreement, the Army shall place a public notice announcing termination in two (2) local newspapers of general circulation.
40.4 This Section shall not affect the Parties’ continuing obligations pursuant to Section XXXVI (Preservation of Records) XIX – PERIODIC REVIEW or Section XXXIII (Periodic Review) XXXI – RECORD PRESERVATION of this Agreement. In no event will this Agreement terminate prior to the Corps’ Army's completion of the Work required by this Agreement.. The undersigned representative certifies that he or she is fully authorized by the Party he or she represents to enter into the terms and conditions of this Agreement and to legally bind such Party to this Agreement. IT IS SO AGREED: By Date
Appears in 1 contract
Samples: Federal Facility Agreement