Common use of Amendments or Modifications to the Agreement Clause in Contracts

Amendments or Modifications to the Agreement. This Project is an experiment designed to test new approaches to environmental protection and there is a degree of uncertainty regarding the environmental benefits and costs associated with activities to be undertakenin this Project. Therefore, it may be appropriate to amend this Agreement at some point during its duration. This Final Project Agreement may be amended by mutual agreement of all parties at any time during the duration of the Project. The parties recognize that amendments to this Agreement may also necessitate modification of legal implementation mechanisms or may require development of new implementation mechanisms. If the Agreement is amended, EPA and Yolo county expect to work together with other regulatory bodies and stakeholders to identify and pursue any necessary modifications or additions to the implementation mechanisms in accordance with applicable procedures (including public notice and comment). If the parties agree to make a substantial amendment to this Agreement, the general public will receive notice of the amendment and be given an opportunity to participate in the process, as appropriate. The parties to this FPA agree to evaluate the appropriateness of a modification or “reopener” to the FPA according to the provisions set forth below. 1. During the minimum project term, Yolo county may seek to reopen and modify this FPA in order to address matters covered in the FPA, including failure of the project to achieve superior environmental results, or the enactment or promulgation of any environmental, health, or safety law or regulation after execution of this FPA which renders the project legally, technically, or economically impractical. To do so, Yolo county will submit a proposal for a reopener under this section to EPA, California, and all applicable local agencies for their consideration. EPA, California, and all applicable local agencies will review and evaluate the appropriateness or such proposal submitted by Yolo county. EPA, California, and all applicable local agencies may also elect to initiate withdrawal or termination under Section VII of this FPA, which shall supersede application to this section. 2. In determining whether to reopen and modify the FPA in accordance with any reopener proposal(s) submitted by Yolo county under this section, EPA, California, and all applicable local agencies will base their decision upon the following: (a) whether the proposal meets Project XL criteria in effect at the time of the proposal, (b) the environmental benefits expected to be achieved by the proposal, (c) the level of emissions or effluent included in the proposal, (d) other environmental benefits achieved as a result of other activities under the proposal, and (e) and adverse environmental impacts expected to occur as a result of the proposal. 3. All parties to the FPA will meet within ninety (90) days following submission of any reopener proposal by Yolo county to EPA, California, and all applicable local agencies (or within such shorter or longer period as the parties may agree) to discuss the Agencies’ evaluation of the reopener proposal. If, after appropriate stakeholder involvement, the Agencies support reopening of this FPA to incorporate the proposal, the parties (subject to any required public comment) will take steps necessary to amend the FPA. Concurrent with amendment of this FPA, EPA, California, and all applicable local agencies will take steps consistent with this Section IV to implement the proposal. 4. It is noted at this point that the intent by Yolo County, upon successful results, to operate the ensuing landfill module as a bioreactor could be a "reopener". If this is agreeable to all parties to the present agreement, it would be most convenient to extend the agreement to cover subsequent module or modules at the Yolo County Central Landfill, with a minimum of stakeholder work.

Amendments or Modifications to the Agreement. This Project is an experiment designed to test new approaches to environmental protection and there is a degree of uncertainty regarding the environmental benefits and costs associated with activities to be undertakenin undertaken in this Project. Therefore, it may be appropriate to amend this Agreement at some point during its duration. This Final Project Agreement may be amended by mutual agreement of all parties at any time during the duration of the Project. The parties recognize that amendments to this Agreement may also necessitate modification of legal implementation mechanisms or may require development of new implementation mechanisms. If the Agreement is amended, EPA and Yolo county expect to work together with other regulatory bodies and stakeholders to identify and pursue any necessary modifications or additions to the implementation mechanisms in accordance with applicable procedures (including public notice and comment). If the parties agree to make a substantial amendment to this Agreement, the general public will receive notice of the amendment and be given an opportunity to participate in the process, as appropriate. The parties to this FPA agree to evaluate the appropriateness of a modification or “reopener” to the FPA according to the provisions set forth below. 1. During the minimum project term, Yolo county may seek to reopen and modify this FPA in order to address matters covered in the FPA, including failure of the project to achieve superior environmental results, or the enactment or promulgation of any environmental, health, or safety law or regulation after execution of this FPA which renders the project legally, technically, or economically impractical. To do so, Yolo county will submit a proposal for a reopener under this section to EPA, California, and all applicable local agencies for their consideration. EPA, California, and all applicable local agencies will review and evaluate the appropriateness or such proposal submitted by Yolo county. EPA, California, and all applicable local agencies may also elect to initiate withdrawal or termination under Section VII of this FPA, which shall supersede application to this section. 2. In determining whether to reopen and modify the FPA in accordance with any reopener proposal(s) submitted by Yolo county under this section, EPA, California, and all applicable local agencies will base their decision upon the following: (a) whether the proposal meets Project XL criteria in effect at the time of the proposal, (b) the environmental benefits expected to be achieved by the proposal, (c) the level of emissions or effluent included in the proposal, (d) other environmental benefits achieved as a result of other activities under the proposal, and (e) and adverse environmental impacts expected to occur as a result of the proposal. 3. All parties to the FPA will meet within ninety (90) days following submission of any reopener proposal by Yolo county to EPA, California, and all applicable local agencies (or within such shorter or longer period as the parties may agree) to discuss the Agencies’ evaluation of the reopener proposal. If, after appropriate stakeholder involvement, the Agencies support reopening of this FPA to incorporate the proposal, the parties (subject to any required public comment) will take steps necessary to amend the FPA. Concurrent with amendment of this FPA, EPA, California, and all applicable local agencies will take steps consistent with this Section IV to implement the proposal. 4. It is noted at this point that the intent by Yolo County, upon successful results, to operate the ensuing landfill module as a bioreactor could be a "reopener". If this is agreeable to all parties to the present agreement, it would be most convenient to extend the agreement to cover subsequent module or modules at the Yolo County Central Landfill, with a minimum of stakeholder work.