IT IS MUTUALLY AGREED Sample Clauses
The "IT IS MUTUALLY AGREED" clause serves as a formal statement indicating that all parties to the agreement have reached a consensus on the terms and conditions outlined in the contract. Typically, this phrase precedes a list of specific obligations, rights, or provisions that both parties accept and intend to be legally binding. By clearly stating mutual agreement, this clause ensures that there is no ambiguity regarding the parties' consent, thereby reinforcing the enforceability of the contract and reducing the risk of future disputes over whether the terms were accepted by all involved.
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IT IS MUTUALLY AGREED. 1. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amount, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General, and the DEPARTMENT; the Federal Highways Administration (FHWA) or any authorized representative of the federal government, and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the DEPARTMENT for the recovery of any funds paid by the DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement.
2. That the ENGINEER shall be responsible for any all damages to property or persons out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA, the DEPARTMENT, and their officers, agents and employees from all suits, claims, actions or damages liabilities, costs or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the ENGINEER as soon as practicable after the discovery. The LPA reserves the right to take immediate action to remedy any error or omission if notification is not successful; if the ENGINEER fails to reply to a notification; or if the conditions created by the error or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and reasonable notice is not practicable.
3. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such materials becomes the property of the LPA. The LPA will be responsible for reimbursement of all eligi...
IT IS MUTUALLY AGREED. A. That no change, alteration, amendment, payment for extra Work or agreement to pay for same, shall be binding upon the County until it has been approved the same, and until the same shall be properly approved by the Board.
B. The County shall designate a representative insofar as prosecution of the Work, and interpretation of the Plans and Specifications are concerned, and that no payments shall be made by the County under this Agreement except upon the certificate of the proper County designee.
C. This Agreement shall be interpreted under and its performance governed by the laws of the State of Florida.
D. The failure of the County to enforce at any time or for any period of time any one or more of the provisions of the Contract Documents shall not be construed to be and shall not be a waiver of any such provision or provisions or of its rights thereafter to enforce each and every such provision.
E. Each of the parties hereto agrees and represents that this Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and that no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, Work performed, or payments made prior to execution hereof shall be deemed merged into, integrated and superseded by this Agreement.
F. Should any provision of this Agreement be determined by a court to be unenforceable, such determination shall not affect the validity or enforceability of any section or part thereof.
IT IS MUTUALLY AGREED. 1. To abide by all applicable Federal, State and Local laws and regulations pertaining to the PROJECT WORK, including policies in the applicable program in the Measure I 2010- 2040 Strategic Plan, as amended, as of the Effective Date of this AGREEMENT.
2. The final PROJECT WORK cost may ultimately exceed current estimates of PROJECT WORK cost. Any additional eligible costs resulting from unforeseen conditions over the estimated total of the PROJECT WORK cost shall be borne by CITY unless prior authorization has been approved by the SBCTA Board of Directors pursuant to Section III, Paragraph 3 of this AGREEMENT.
3. In the event CITY determines PROJECT WORK costs may exceed the not to exceed amount identified in Section I, Paragraph 1, CITY shall inform SBCTA of this determination and thereafter the Parties shall work together in an attempt to agree upon an amendment to the PROJECT WORK amounts identified in this AGREEMENT. In no event, however, shall SBCTA be responsible for PROJECT WORK costs in excess of the amounts identified herein absent a written amendment to this AGREEMENT that is approved and signed by both Parties.
4. Eligible PROJECT WORK reimbursements shall include only those costs incurred by CITY for PROJECT WORK-specific work activities that are described in this AGREEMENT and shall not include escalation or interest.
5. Neither SBCTA nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless SBCTA, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. CITY’s indemnification obligation applies to SBCTA’s “active” as well as “passive” negligence but does not apply to SBCTA’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.
6. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitte...
IT IS MUTUALLY AGREED. 1. The term of this Agreement shall be from the date first written above through and including June 30, 2020, or until the construction of all improvements contemplated herein has been completed and accepted by the DEPARTMENT, whichever occurs first, save and except the responsibility for maintenance, as specified herein.
2. Costs associated with this Agreement will be administered in accordance with the cost principles contained in 2 CFR Part 200. Indirect costs are eligible for reimbursement. The CITY’s indirect rate shall be approved by its cognizant federal agency and that approval provided to the DEPARTMENT. Fringe benefit rates must be approved by the DEPARTMENT on an annual basis to be eligible for reimbursement.
3. The description of the PROJECT may be changed in accordance with Federal requirements and by mutual written consent of the parties.
4. Each party agrees to complete a joint final inspection prior to final acceptance of the work by the DEPARTMENT.
5. The following is a summary of the estimated PROJECT costs and available funds: Total Estimated PROJECT Costs: DEPARTMENT Construction Engineering Costs: $ 5,000.00 CITY Construction Costs $ 240,430.00 Available Funding Sources: Federal TAP Funds: $ 233,159.00 CITY Match Funds: $ 12,271.00
6. The CITY may not incur any reimbursable PROJECT costs until this Agreement is executed by both parties, and the DEPARTMENT has issued a written “Notice to Proceed.” The “Notice to Proceed” includes the “project end date,” which establishes the limit of federal participation for a project or phase of work associated with a project. The “project end date” is mutually established by both parties in conformance with the requirements of 2 CFR Part 200. The CITY is responsible for any costs incurred on the PROJECT after the “project end date.” The CITY agrees the DEPARTMENT and the State of Nevada are not responsible for any costs incurred after the “project end date.”
7. The total PROJECT costs shall be determined by adding the total costs incurred by the DEPARTMENT and the CITY for construction engineering, and construction costs. The CITY match will be calculated using the applicable percentage of the total PROJECT costs eligible for Federal funding. Subject to budgeted appropriations and the allocation of sufficient funds by the governing body of the CITY prior to entering into this Agreement, the CITY is responsible for one hundred percent (100%) of all costs not eligible for Federal funding. The CITY agre...
IT IS MUTUALLY AGREED. That each party will cooperate with the other party to this agreement and their agents in carrying out their respective responsibilities under this agreement.
IT IS MUTUALLY AGREED. In consideration of the foregoing and the mutual promises of the parties hereto, LOCAL AGENCY and CALTRANS agree as follows:
IT IS MUTUALLY AGREED. 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority, and the allocation of funds by the California Transportation Commission (CTC).
2. The parties to this Agreement understand and agree that STATE’s IQA is defined as providing STATE policy and procedural guidance through the completion of the District Agreement No. 07-4808 DRAINAGE PROJECT PS&E phase administered by CITY. This guidance includes prompt reviews by STATE to assure that all work and products delivered or incorporated into the DRAINAGE PROJECT by CITY conform to then-existing STATE standards. IQA does not include any DRAINAGE PROJECT-related work deemed necessary to actually develop and deliver the DRAINAGE PROJECT, nor does it involve any validation to verify and recheck any work performed by CITY and/or its consultants and no liability will be assignable to STATE, its officers and employees by CITY under the terms of this Agreement or by third parties by reason of STATE’s IQA activities.
3. PS&E for DRAINAGE PROJECT shall be prepared and performed in accordance with all applicable Federal and STATE standards and practices current as of the date of performance. Any exceptions to applicable design standards shall first be considered by STATE for approval via the processes outlined in STATE’s Highway Design Manual and appropriate memoranda and design bulletins published by STATE. In the event that STATE proposes and/or requires a change in design standards, implementation of new or revised design standards shall be done as part of the work on DRAINAGE PROJECT in accordance with STATE’s current Highway Design Manual Section 82.5, “Effective Date for Implementing Revisions to Design Standards.” STATE shall consult with CITY in a timely manner regarding the effect of proposed and/or required changes on DRAINAGE PROJECT.
4. STATE will be the CEQA Lead Agency and CITY will be the CEQA Responsible Agency. STATE will be the NEPA Lead Agency, if applicable. STATE will assess EMPIRE PROJECT impacts on the environment and STATE will prepare the appropriate level of environmental documentation and necessary associated supporting investigative studies and technical environmental reports in order to meet requirements of CEQA and if applicable, NEPA.
5. If, during preparation of preliminary engineering, preparation of the PS&E, performance of right of way activities, or performance of EMPIRE PROJECT construc...
IT IS MUTUALLY AGREED. A. This agreement is effective upon date of final signature. This agreement is effective through September 30, 2004. It may be renewed by amendment until the objectives of the agreement are accomplished, but not later than the end of the fiscal year in which work is completed.
B. This agreement may be amended in writing by mutual consent of the parties to this agreement.
C. This agreement may be temporarily suspended by NRCS if NRCS determines that corrective action by the recipient is needed to meet the provisions of this agreement. Further, NRCS may suspend this agreement when it is evident that a termination is pending.
D. This agreement may be terminated by either party by written notice to the other party or parties at least 30 days in advance of the effective date of the termination.
E. NRCS may terminate this agreement in whole or in part if NRCS determines the recipient has failed to comply with any of the conditions of this agreement. NRCS shall promptly notify the recipient in writing of the determination and reasons for the termination, together with the effective date. Payments made by or recoveries made by NRCS under this termination shall be in accord with the legal rights and liabilities of NRCS and the recipient.
F. Employees of the recipient shall remain its employees while carrying out their duties under this agreement and shall not be considered as Federal employees or agents of the United States for any purpose under this agreement.
G. Employees of NRCS shall participate in efforts under this agreement solely as representatives of NRCS. To this end, they shall not participate as directors, officers, employees, or otherwise serve or hold themselves out as representatives of [the partner or other non-Federal entity with whom NRCS is entering into the MOU] or any member [entity]. They also shall not assist [the entity], or any member [entity] with efforts to lobby Congress, or to raise money through fundraising efforts. Further, NRCS employees shall report to their immediate supervisor any negotiations with [entity], or any member [entity], concerning future employment and shall refrain from participation in efforts regarding such party until approved by the Agency.
H. The furnishing of financial and other assistance by NRCS is contingent upon funds appropriated by Congress, made administratively available, or authorized by law.
I. Privacy of personal information relating to Natural Resources Conservation Service Programs will be in accord...
IT IS MUTUALLY AGREED. 1. The above described property shall have no water commitment by virtue of the installation of the water facilities. Future use of said facilities requires that a water commitment be obtained from the District before the facilities can be utilized.
2. That this Agreement shall inure to the benefit of, and be binding upon, the respective parties hereto and their successors and assigns. To assure District recognition of an assignment from one developer/owner to another, a District provided assignment form should be completed, and a fully executed duplicate original should be returned to the District.
3. That the effective date of this Agreement is the date that the Agreement is formally executed by the District.
4. That this Agreement shall terminate if construction of the water facilities covered by the plan or plans identified in Article 1, paragraph 1 of this Agreement is not started within one (1) year from the date of District approval of said plan or plans; or if such construction is commenced within said one (1) year period, but is not diligently prosecuted to completion within 2 years from the date of plan approval. Termination under this paragraph shall occur upon the District’s written notice that Developer has not followed the conditions of this Agreement.
5. That all water facilities installed under this Agreement shall be and remain the exclusive property of the District, and shall become a part of the District’s general water distribution system after acceptance by the District.
6. That if this Agreement terminates in accordance with Article III, paragraph 4 of this Agreement, right, title and interest of all or any portion of water facilities installed, as determined solely and exclusively by the District, shall become the exclusive property of the District for the District to use, modify, or to dispose of as the District deems appropriate.
7. That in the event a portion of the water facilities are constructed but this agreement terminates, the above described property shall have no water commitment by virtue of the installation of the water facilities. Requests for future use of said facilities, if retained in place, will require a new water commitment be obtained before the facilities can be utilized.
8. That for the purpose of making refunds or any notifications that may be required by this Agreement, the Developer’s address and Property Owners address are as identified on page 1 of this Agreement, and it is the Developer’s and Property Ow...
IT IS MUTUALLY AGREED. To certify by execution of the AGREEMENT that the selection of the ENGINEER was performed in accordance with the Local Government Professional Services Selection Act 50 ILCS 510, the ▇▇▇▇▇▇ Act 40 USC 11, and Procurement, Management, and Administration of Engineering and Design related Services (23 CRF part 172). Exhibit C is required to be completed with this agreement.