Common use of Mutual Understandings Clause in Contracts

Mutual Understandings. For the avoidance of doubt, the parties acknowledge and agree as follows: 4.1 Service Site is only authorized to administer the Program in the FoodCorps State. This Agreement does not authorize Service Site to facilitate the Program in any other state, nor does this Agreement provide any indication or assurance of any preference on behalf of FoodCorps to offer the Program in any state other than the FoodCorps State, through Service Site or otherwise. 4.2 FoodCorps is the sole owner of, and retains all rights in and to, the Program and any and all intellectual property of FoodCorps. Service Site’s administration of the Program within the FoodCorps State confers no rights onto Service Site with respect to the Program or FoodCorps’ intellectual property other than those expressly granted in this Agreement. 4.3 FoodCorps’s ability to operate the Program, and its ability to provide Service Members to serve in the FoodCorps State, is dependent on the levels at which the Corporation for National and Community Services (“CNCS”) approves FoodCorps as an AmeriCorps program and continues FoodCorps’s corresponding grant, and on FoodCorps’s receipt of funding from sources other than CNCS. Service Site acknowledges that receipt by FoodCorps of such funding is outside of FoodCorps’s control, and that such funding may affect the number or placement of Service Members within the FoodCorps State. Service Site understands and agrees that FoodCorps does not guarantee (a) placement of any particular number of Service Members regardless of targets or (b) replacement of Service Members who are suspended or terminated or who resign. 4.4 Service Site may conduct fundraising activities to support the Service Member Program service fee and costs associated with local Program implementation (garden construction, curriculum materials, supervisor time, etc). Prior to commencing any fundraising activities related to the Program service fee in which Service Site intends to raise $1,000 or more, Service Site must notify FoodCorps in advance of launching such fundraising activities. 4.5 FoodCorps welcomes advice and suggestions from Service Site, but FoodCorps has no obligation to modify the Program to incorporate any such advice or suggestions. FoodCorps is the sole owner of the Program, including its fundamental operating structure at the national, state, and local level.

Mutual Understandings. For the avoidance of doubt, the parties acknowledge and agree as follows: 4.1 Service The parties acknowledge and agree that FoodCorps AmeriCorps Members are not employees or agents or independent contracts of FoodCorps or Site. FoodCorps AmeriCorps Members are a separate federal designation – AmeriCorps volunteers. 4.2 Site is only authorized to administer the Program in the FoodCorps State. This Agreement does not authorize Service Site to facilitate the Program in any other state, nor does this Agreement provide any indication or assurance of any preference on behalf of FoodCorps to offer the Program in any state other than the FoodCorps State, through Service Site or otherwise. 4.2 4.3 FoodCorps is the sole owner of, and retains all rights in and to, the Program and any and all intellectual property of FoodCorps. Service Site’s administration of the Program within the FoodCorps State confers no rights onto Service Site with respect to the Program or FoodCorps’ intellectual property other than those expressly granted in this Agreement. 4.3 4.4 FoodCorps’s ’ ability to operate the Program, and its ability to provide Service FoodCorps AmeriCorps Members to serve in the FoodCorps State, is dependent on the levels at which the Corporation for National and Community Services (“CNCS”) approves AmeriCorps funds FoodCorps as an AmeriCorps program and continues FoodCorps’s ’ corresponding grant, and on FoodCorps’s ’ receipt of funding from sources other than CNCSAmeriCorps. Service Site acknowledges that receipt by FoodCorps of such funding is outside of FoodCorps’s ’ control, and that such funding may affect the number or placement of Service FoodCorps AmeriCorps Members within the FoodCorps State. Service Site understands and agrees that FoodCorps does not guarantee (a) placement of any particular number of Service FoodCorps AmeriCorps Members regardless of targets or (b) replacement of Service FoodCorps AmeriCorps Members who are suspended or terminated or who resign. 4.4 Service 4.5 Site may conduct fundraising activities to support the Service Member Program service fee Site Fee and costs associated with local Program implementation (garden construction, curriculum materials, supervisor time, etc.). Prior to commencing any fundraising activities related to the Program service fee Site Fee in which Service Site intends to raise $1,000 or more, Service Site must notify FoodCorps in advance of launching such fundraising activities. 4.5 4.6 FoodCorps welcomes advice and suggestions from Service Site, but FoodCorps has no obligation to modify the Program to incorporate any such advice or suggestions. FoodCorps is the sole owner of the Program, including its fundamental operating structure at the national, state, and local level.

Mutual Understandings. For the avoidance of doubt, the parties acknowledge and agree as follows: 4.1 Service Site is only authorized to administer the Program in the FoodCorps State. This Agreement does not authorize Service Site to facilitate the Program in any other state, nor does this Agreement provide any indication or assurance of any preference on behalf of FoodCorps to offer the Program in any state other than the FoodCorps State, through Service Site or otherwise. 4.2 FoodCorps is the sole owner of, and retains all rights in and to, the Program and any and all intellectual property of FoodCorps. Service Site’s administration of the Program within the FoodCorps State confers no rights onto Service Site with respect to the Program or FoodCorps’ ’s intellectual property other than those expressly granted in this Agreement. 4.3 FoodCorps’s ability to operate the Program, and its ability to provide Service Members to serve in the FoodCorps State, is dependent on the levels at which the Corporation for National and Community Services (“CNCS”) approves AmeriCorps funds FoodCorps as an AmeriCorps program and continues FoodCorps’s corresponding grant, and on FoodCorps’s receipt of funding from sources other than CNCSAmeriCorps. Service Site acknowledges that receipt by FoodCorps of such funding is outside of FoodCorps’s control, and that such funding may affect the number or placement of Service Members within the FoodCorps State. Service Site understands and agrees that FoodCorps does not guarantee (a) placement of any particular number of Service Members regardless of targets or (b) replacement of Service Members who are suspended or terminated or who resign. 4.4 Service Site may conduct fundraising activities to support the Service Member Program service fee Service Fee and costs associated with local Program implementation (garden construction, curriculum materials, supervisor time, etc). Prior to commencing any fundraising activities related to the Program service fee Service Fee in which Service Site intends to raise $1,000 or more, Service Site must notify FoodCorps in advance of launching such fundraising activities. 4.5 FoodCorps welcomes advice and suggestions from Service Site, but FoodCorps has no obligation to modify the Program to incorporate any such advice or suggestions. FoodCorps is the sole owner of the Program, including its fundamental operating structure at the national, state, and local level.