Common use of Withdrawal or Termination Because Of CDFG Obligations Clause in Contracts

Withdrawal or Termination Because Of CDFG Obligations. When required to fulfill a statutory or regulatory responsibility, CDFG may suspend participation or, if necessary, withdraw from this Agreement, without first using the ADR procedures of this Agreement. However, before suspending participation or withdrawing, CDFG will provide timely notice to all Parties of the need for such suspension or withdrawal, and will make good-faith efforts to work with the other Parties to reach agreement on modifications to this Agreement that would allow the Agreement to remain in effect. If CDFG withdraws from this Agreement under this section, then YCWA may, but is not required to, terminate this Agreement among the remaining Parties. YCWA may make such termination by notifying the other Parties in writing that YCWA has taken such action. However, YCWA may take such action only after first providing the other Parties to this Agreement with notice of its intent to terminate this Agreement and allowing a 30- day period to meet and confer. If this Agreement terminates, then each Party to this Agreement will have full and adequate opportunity to challenge or defend in court any change that the SWRCB makes to YCWA’s permits after or as a result of such termination, and no Party will assert that any such challenge or defense is barred or limited by any statute of limitation (including, but not limited to Water Code section 1126), laches, res judicata or collateral estoppel.

Appears in 5 contracts

Samples: Fisheries Agreement, Fisheries Agreement, River Fisheries Agreement

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