Common use of Cooperation by the Parties Clause in Contracts

Cooperation by the Parties. a. Provided that TDI-NE complies with this Agreement, the Town agrees to support approval of TDI-NE’s Section 248 petition at the PSB, including, if necessary, the filing of appropriate testimony, exhibits, and other filings related to the Project’s compliance with the Section 248 criteria, including but not necessarily limited to subsections (b)(1) and (b)(5). The Town further agrees to cooperate with TDI-NE before the PSB and other state, federal, and county instrumentalities. The Parties acknowledge that the Town may present its independent position on issues to be decided by the PSB, provided the Town acts consistently with this Agreement. b. If, after the execution of the Agreement, TDI-NE discloses to the Town any proposed substantial changes to the Project that may materially impact the Town’s rights hereunder and the Town concludes that such changes are acceptable, the Town, acting within the bounds of its authority, will cooperate with TDI-NE with respect to such changes in dealing with any state, federal, or county instrumentalities. c. TDI-NE and the Town each agree that they will not take actions during the 248 proceeding to undermine or otherwise breach this Agreement.

Cooperation by the Parties. a. Provided that TDI-NE complies with this Agreement, the The Town agrees to support approval of TDI-NE’s Section 248 petition at the PSB, including, if necessary, the filing of appropriate testimony, exhibits, and other filings related to the Project’s compliance with the Section 248 criteria, including but not necessarily limited to subsections (b)(1) and (b)(5). The Town further agrees to cooperate with TDI-TDI- NE before the PSB and other state, federal, and county instrumentalities. The Parties acknowledge that the Town may present its independent position on issues to be decided by the PSB, provided the Town acts consistently with this Agreement. b. If, after the execution of the Agreement, TDI-NE discloses to the Town any proposed substantial changes to the Project that may materially impact the Town’s rights hereunder and if the Town concludes that such changes are acceptable, the Town, acting within the bounds of its authority, will cooperate with TDI-NE with respect to such changes in dealing with any state, federal, or county instrumentalities. c. TDI-NE and the Town have entered this Agreement in good faith and each agree that they will not take actions during the 248 proceeding and covenant to undermine or otherwise breach this Agreementabide by its terms.