Common use of IT IS MUTUALLY AGREED Clause in Contracts

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 accordance with Section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107–171, 116 Stat. 235). J. By signing this agreement, the recipient assures the Department of Agriculture that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. K. As a condition of this agreement assures and certifies that it is in compliance with, and will comply in the course of this agreement with all applicable laws, regulations, executive orders, and other generally applicable requirements.

IT IS MUTUALLY AGREED. A. This agreement 1. Pursuant to this Agreement, Consumer Reports provided hereunder will contain only credit reporting information. Subscriber will continue to receive all other Consumer Report information from the supplier through whom this Agreement was initiated (“Reseller”) or other supplier(s), as applicable. 2. Upon submission of this Agreement to AISS, AISS will order or perform an onsite inspection of Subscriber’s business premises for purposes of credit reporting compliance; Subscriber will pay to AISS a non-refundable $75 fee for this inspection. Passing inspection is effective upon date required for Subscriber to receive the Consumer Reports, and failure of final signaturethe inspection will result in AISS’ immediate termination or cancelation of this Agreement. 3. Upon mutual execution of this Agreement, AISS will request the necessary credit reporting order codes from TransUnion on behalf of Subscriber. AISS will provide the TransUnion- supplied codes to Subscriber who must then provide the codes to Reseller. Subscriber acknowledges and agrees that once the codes have been delivered by AISS to Subscriber, Subscriber is solely responsible for the disbursement and use of the codes. 4. AISS shall use good faith in attempting to obtain information from sources deemed reliable but does not guarantee the accuracy or completeness of the information provided, and in no event shall AISS be held liable in any manner whatsoever for any loss or injury to Subscriber resulting from the obtaining or furnishing of such information, and further that Subscriber agrees to hold AISS harmless and indemnify it from any and all claims, losses, and damages arising out of alleged liability or failure of the Subscriber to keep and perform any of its obligations described herein. AISS shall have no obligation or duty hereunder to provide any information that is not verifiable. AISS’ maximum aggregate liability to Subscriber, including for claims and defense of indemnification, is limited to the lower of 5. This agreement is effective through September 30Agreement shall remain in force and effect for one (1) year from the date hereof, 2004and 6. It may be renewed by amendment until the objectives is further agreed, however, that with just cause, such as violation of the agreement are accomplished, but not later than the end terms of the fiscal year in which work is completedcontract or a legal requirement, AISS may, upon its election, discontinue serving the Subscriber and cancel this Agreement immediately. B. This agreement may be amended in writing by mutual consent 7. For Consumer Reports provided pursuant to this Agreement, AISS will invoice the Reseller with whom both Subscriber and AISS have individual agreements for the provision of services, and Subscriber will not receive invoices from AISS nor owe any fees directly to AISS for the provision of the parties Consumer Reports. Reseller will invoice Subscriber directly for the services provided pursuant to this agreementAgreement, and Subscriber agrees to pay Reseller invoices in a timely manner. C. This agreement may be temporarily suspended by NRCS if NRCS determines 8. The parties hereto agree 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 attached addendums represent the full and complete Agreement between the parties. This Agreement shall not be considered as Federal employees or agents of the United States for any purpose under this agreementbinding until executed by AISS. G. Employees of NRCS shall participate in efforts under this agreement solely 9. AISS may offer information presented as representatives of NRCSgeneral education, which is not intended to be legal advice, either express or implied. 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 Subscriber should consult 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 legal counsel regarding all employment and shall refrain from participation in efforts regarding such party until approved by the Agencylaw matters. H. The furnishing of financial and other assistance by NRCS is contingent upon funds appropriated by Congress10. All exhibits attached hereto are incorporated into this Agreement. AISS, made administratively available, or authorized by law. I. Privacy of personal information relating to Natural Resources Conservation Service Programs will be in accordance with Section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107–171, 116 Stat. 235). J. By signing this agreement, the recipient assures the Department of Agriculture that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. K. As a condition of this agreement assures and certifies that it is in compliance with, and will comply in the course of this agreement with all applicable laws, regulations, executive orders, and other generally applicable requirements.Sterling Infosystems Company Subscriber: EXHIBIT A TO END USER SERVICE AGREEMENT: NOTICE TO SUBSCRIBER AS A USER OF CONSUMER REPORTS: OBLIGATIONS OF USERS UNDER THE FCRA

IT IS MUTUALLY AGREED. A. This agreement 1. Pursuant to this Agreement, Consumer Reports provided hereunder will contain only credit reporting information. Subscriber will continue to receive all other Consumer Report information from the supplier through whom this Agreement was initiated ("Reseller") or other supplier(s), as applicable. 2. Upon submission of this Agreement to FIDELITY DATA SERVICE, FIDELITY DATA SERVICE will order or an onsite inspection of Subscriber's business premises for purposes of credit reporting compliance; Passing inspection is effective upon date required for Subscriber to receive the Consumer Reports, and failure of final signaturethe inspection will result in FIDELITY DATA SERVICE immediate termination or cancelation of this Agreement. 3. Upon mutual execution of this Agreement, FIDELITY DATA SERVICE will request the necessary credit reporting order codes from Trans Union on behalf of Subscriber. 4. FIDELITY DATA SERVICE shall use good faith in attempting to obtain information from sources deemed reliable but does not guarantee the accuracy or completeness of the information provided, and in no event shall FIDELITY DATA SERVICE be held liable in any manner whatsoever for any loss or injury to Subscriber resulting from the obtaining or furnishing of such information, and further that Subscriber agrees to hold FIDELITY DATA SERVICE harmless and indemnify it from any and all claims, losses, and damages arising out of alleged liability, or failure of the Subscriber to keep and perform any of its obligations described herein. FIDELITY DATA SERVICE shall have no obligation or duty hereunder to provide any information that is not verifiable. FIDELITY DATA SERVICE’S maximum aggregate liability to Subscriber, including for claims and defense of indemnification, is limited to the lower of $10,000 or three (3) months' revenue (paid or payable by Subscriber for Subscriber's Consumer Reports only) regardless of the claim. 5. This agreement is effective through September Agreement shall remain in force and effect for one (1) year from the date hereof, and thereafter, from year to year, on the same basis as set forth herein except that either party may cancel this Agreement at anytime upon at least thirty (30, 2004) days prior notice. 6. It may be renewed by amendment until the objectives is further agreed, however, that with just cause, such as violation of the agreement are accomplished, but not later than the end terms of the fiscal year in which work is completedcontract or a legal requirement, FIDELITY DATA SERVICE may, upon its election, discontinue serving the Subscriber and cancel this Agreement immediately. B. This agreement may be amended in writing by mutual consent of the parties 7. For Consumer Reports provided pursuant to this agreementAgreement, FIDELITY DATA SERVICE will invoice the Subscriber and Subscriber agrees to pay the invoices upon receipt. C. This agreement may be temporarily suspended by NRCS if NRCS determines 8. The parties hereto agree 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 attached addendums represent the full and complete Agreement between the parties. This Agreement shall not be considered as Federal employees or agents of the United States for any purpose under this agreementbinding until executed by FIDELITY DATA SERVICE. G. Employees of NRCS shall participate in efforts under this agreement solely 9. FIDELITY DATA SERVICE may offer, from time to time, information presented as representatives of NRCSgeneral education, which is not intended to be legal advice, either express or implied. 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 Subscriber should consult 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 legal counsel regarding all employment and shall refrain from participation in efforts regarding such party until approved by the Agencylaw matters. H. The furnishing of financial and other assistance by NRCS is contingent upon funds appropriated by Congress, made administratively available, or authorized by law10. All exhibits attached hereto are incorporated into this Agreement. I. Privacy of personal information relating to Natural Resources Conservation Service Programs will be in accordance with Section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107–171, 116 Stat. 235). J. By signing this agreement, the recipient assures the Department of Agriculture that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. K. As a condition of this agreement assures and certifies that it is in compliance with, and will comply in the course of this agreement with all applicable laws, regulations, executive orders, and other generally applicable requirements.

IT IS MUTUALLY AGREED. A. This agreement 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 LPA, and to provide full access to all relevant materials. 2. That the ENGINEER shall be responsible for any and all damages to property or persons arising 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, 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 effective upon date 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 final signatureurgent correction to avoid accumulation of additional construction costs or damages to property and reasonable notice is not practicable. 3. 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 AGREEMENT may be terminated by either party by written the LPA upon giving notice in writing to the other party or parties ENGINEER at least 30 days in advance 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 effective LPA. The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to the date of the written notice of termination. E. NRCS may terminate 4. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until the completion of construction of any phase of professional services performed by others based upon the service provided herein. All obligations of the ENGINEER accepted under this agreement AGREEMENT shall cease if construction or subsequent professional services are not commenced within 5 years after final payment by the LPA. 5. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in whole the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA, the DEPARTMENT, and their officers, 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. 6. The ENGINEER and LPA certify that their respective firm or agency: (a) has not employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for the LPA or the ENGINEER) to solicit or secure this AGREEMENT, (b) has not agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or (c) has not paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for the LPA or the ENGINEER) any fee, contribution, donation or consideration of any kind for, or in part if NRCS determines connection with, procuring or carrying out the recipient AGREEMENT. (d) that neither the ENGINEER nor the LPA is/are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, (e) has failed not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to comply obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. (f) are not presently indicated for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the conditions offenses enumerated in paragraph (e) and (g) has not within a three-year period preceding this AGREEMENT had one or more public transaction (Federal, State, local) terminated for cause or default. Where the ENGINEER or LPA is unable to certify to any of the above statements in this agreementclarification, an explanation shall be attached to this AGREEMENT. 8. NRCS In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no claim for damages shall promptly notify be made by either party. Termination of the recipient AGREEMENT or adjustment of the fee for the remaining services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within six months after the specified completion date. Examples of unforeseen causes included but are not limited to: acts of God or a public enemy; acts of the LPA < or other approving party not resulting from the ENGINEER's unacceptable services; fire; strikes; and floods. If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE, the ENGINEER shall apply in writing to the LPA for an extension of time. If approved, the PROJECT SCHEDULE shall be revised accordingly. 9. This certification is required by the Drug Free Workplace Act (30 ILCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace. False certification or violation of the determination certification may result in sanctions including, but not limited to suspension of contract or grant payments, termination of a contract or grant and reasons for debarment of the termination, together contracting or grant opportunities 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 recipientDEPARTMENT for at least one (1) year but not more than (5) years. 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 accordance with Section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107–171, 116 Stat. 235). J. By signing this agreement, the recipient assures the Department of Agriculture that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. K. As a condition of this agreement assures and certifies that it is in compliance with, and will comply in the course of this agreement with all applicable laws, regulations, executive orders, and other generally applicable requirements.

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 3.1 Parties shall require all contractors to comply with any and all applicable State wage and hour laws for the objectives PROJECT. 3.2 The Parties hereby acknowledge that neither the Parties nor any employees of the agreement are accomplishedParties shall have any control over the method or means by which the contractor and its agents and employees perform the services contemplated in the PROJECT. 3.3 Notwithstanding any other provision of this Agreement, COUNTY may delegate or assign any or all of its obligations under Sections 1.1 through 1.15 to a third party selected by COUNTY in its sole discretion, provided that COUNTY shall remain responsible for compliance with such obligations as between WVWD and COUNTY. 3.4 Parties agree that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not later than limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the end performance of this Agreement. The Parties shall ensure their employees and the contractor's employees and agents are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 3.5 COUNTY agrees to indemnify, defend (with counsel approved by WVWD), and hold harmless WVWD and its officers, employees, agents, and volunteers from any and all claims, actions or losses, damages, and/or liability resulting from COUNTY's negligent acts or omissions which arise from COUNTY's performance of its obligations under this Agreement. 3.6 WVWD agrees to indemnify, defend (with counsel approved by COUNTY), and hold harmless COUNTY and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from WVWD's negligent acts or omissions which arise from WVWD's performance of its obligations under this Agreement. 3.7 In the event the COUNTY and/or WVWD is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the COUNTY and/or WVWD shall indemnify the other to the extent of its comparative fault. 3.8 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs 3.5, 3.6, and 3.7. 3.9 COUNTY and WVWD are authorized self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability and Worker's Compensation, and warrant that through their respective programs of self-insurance they have adequate coverage or resources to protect against liabilities arising out of COUNTY and WVWD's performance of the fiscal year in which work is completedterms, conditions or obligations of this Agreement. B. 3.10 In the case wherein one of the Parties owns a utility that needs to be relocated for the PROJECT and that Party does not have prior rights for that utility, it will be the sole responsibility of COUNTY to relocate the utility at the COUNTY’s cost. This agreement shall be included as a PROJECT cost. 3.11 This Agreement may be amended cancelled/terminated without cause upon thirty (30) days advance written notice of either Party, provided however, that neither Party may cancel/terminate this Agreement without cause after COUNTY awards a contract to construct the PROJECT. In the event of cancellation/termination as provided herein, all PROJECT expenses incurred prior to the effective date of cancellation/termination shall be paid by the COUNTY. The Parties recognize and agree that the provisions governing utility relocation and construction are dependent upon the Parties first satisfying CEQA. As provided in writing by mutual consent of this paragraph, the parties to this agreementAgreement may be cancelled with or without cause, before, during and after CEQA review/approval. C. This agreement may be temporarily suspended by NRCS if NRCS determines that corrective action by the recipient is needed to meet the provisions 3.12 If either WVWD or COUNTY breaches any provision of this agreement. FurtherAgreement, NRCS the non- breaching party may suspend this agreement when it is evident that a termination is pending. D. This agreement may be terminated by either party by give written notice to the other breaching party by registered or parties at least certified mail detailing the breaching party's violations. If such violation is not corrected within 30 days in advance of from the effective date of the terminationnotice of violation or a reasonable period of time as may be required to cure the violation, whichever occurs last, the non-breaching party may, without further notice, declare the breaching party to be in breach of this Agreement. Upon such declaration, the non-breaching party may pursue any remedy available under local, state or federal law. This provision does not waive any applicable Government Code requirements concerning the presentation and consideration of claims. E. NRCS may 3.13 Except for the Parties' indemnification obligations contained herein which shall survive termination, this Agreement shall terminate this agreement in whole or in part if NRCS determines the recipient has failed to comply with any upon completion, and acceptance by WVWD, of the conditions WVWD water infrastructure on WVWD’s side of the Emergency Interconnection Facilities. 3.14 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. No supplement, modification, or amendment of this agreement. NRCS Agreement shall promptly notify the recipient be binding unless executed in writing and signed by both Parties. 3.15 This Agreement shall be governed by the laws of the determination State of California. Any action or proceeding between WVWD and reasons for COUNTY concerning the terminationinterpretation or enforcement of this Agreement, together or which arises out of or is in any way connected with this Agreement or the effective date. Payments made by or recoveries made by NRCS under this termination PROJECT, shall be instituted and tried in accord with the legal rights and liabilities appropriate state court, located in the County of NRCS and the recipientSan Bernardino, California. F. Employees 3.16 Time is of the recipient essence for each and every provision of this Agreement. 3.17 Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall remain be construed simply, according to its employees while carrying out their duties under this agreement fair meaning, and shall not be considered as Federal employees strictly for or agents against any Party. The captions of the United States various articles and paragraphs are for any purpose under convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this agreementAgreement. G. Employees 3.18 No waiver of NRCS any default shall participate in efforts under constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.19 If a court of competent jurisdiction declares any portion of this agreement solely as representatives of NRCS. To this endAgreement invalid, they shall not participate as directors, officers, employeesillegal, or otherwise serve unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this Agreement is frustrated. 3.20 No amendment to or hold themselves out as representatives modification of [this Agreement shall be valid unless made in writing and approved by all Parties. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 3.21 With the partner exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 3.22 All privileges and immunities of the Parties provided by state or federal law shall remain in full force and effect. 3.23 This Agreement will be effective on the date signed and approved by both Parties. 3.24 The Recitals are incorporated into the body of this Agreement. 3.25 This Agreement shall inure to the benefit of and be binding upon the successors and assigns of both Parties. 3.26 This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other non-Federal entity with whom NRCS email transmission), which signature shall be binding on the party whose name is entering into contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to 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 other party until approved by the Agencyan original signed Agreement upon request. 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 accordance with Section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107–171, 116 Stat. 235). J. By signing this agreement, the recipient assures the Department of Agriculture that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. K. As a condition of this agreement assures and certifies that it is in compliance with, and will comply in the course of this agreement with all applicable laws, regulations, executive orders, and other generally applicable requirements.