Common use of Scope of Services to be Performed Clause in Contracts

Scope of Services to be Performed. The Recipient will perform the Land Management Activities as set forth in the Long-term Management Plan and the Endowment Analysis with funds provided under this Recipient Agreement for the Land Management Activities; hereafter reference to the Long-term Management Plan and/or the Endowment Analysis shall include any amendment thereto. The Parties agree and acknowledge that the Long-term Management Plan and the Endowment Analysis were created by or on behalf of the Bank Sponsor and approved by [insert appropriate term: IRT or CBRT]. The Foundation is expressly entitled to rely on the validity of the [insert appropriate term: IRT or CBRT] approval and the accuracy of the Long-term Management Plan and the Endowment Analysis without independent verification. The Foundation shall not be liable in any respect to CDFW, the Recipient, the [insert appropriate term: IRT/CBRT], or to any other party, for errors, omissions, inaccuracies, or other elements of the Long-term Management Plan or the Endowment Analysis, whether contained therein or omitted therefrom. The Parties agree and acknowledge that the scope of services the Recipient is required to perform under this Recipient Agreement is limited to the Land Management Activities on the Bank Property to the extent funds are made available under this Recipient Agreement to pay for such Land Management Activities. In addition, in the event an amendment is made to the Long-Term Management Plan that changes the Land Management Activities identified in the Endowment Analysis, thereby requiring an amendment to the Endowment Analysis, the Foundation shall not be liable to CDFW, [insert the appropriate term: the IRT or the CBRT], or to any other party for any decision by CDFW or the [insert the appropriate term: IRT or CBRT], to amend the Endowment Analysis in any way that impairs the viability of the Endowment Amount as a source of perpetual funding for the Land Management Activities or the Bank Property.

Scope of Services to be Performed. The Recipient will perform the Land Management Activities as set forth in the Long-term Management Plan and the Endowment Analysis Assessment. The Recipient will pay for the costs of such Land Management Activities with funds provided disbursed to it under this Recipient Agreement for the Land Management Activities; hereafter reference to the Long-term Management Plan and/or the Endowment Analysis shall include any amendment theretoAgreement. The Parties agree and acknowledge that the Long-term Management Plan and the Endowment Analysis Assessment were created by or on behalf of the Bank Sponsor Permittee and approved by [insert appropriate term: IRT or CBRT]the USACE. The Foundation is expressly entitled to rely on the validity of the [insert appropriate term: IRT or CBRT] USACE approval and the accuracy and validity of the Long-term Management Plan and the Endowment Analysis Assessment without independent verification. The Foundation shall not be liable in any respect to CDFWthe USACE, the Recipient, the [insert appropriate term: IRT/CBRT]Permittee, or to any other partyentities or persons, for errors, omissions, inaccuracies, or other elements of the Long-term Management Plan or the Endowment AnalysisAssessment, whether contained therein or omitted therefrom, including but not limited to the sufficiency or adequacy of the Endowment Amount calculated pursuant to the Endowment Assessment. The Parties agree and acknowledge that the scope of services the Recipient is required to perform under this Recipient Agreement is limited to the Land Management Activities on the Bank Property Preserve only to the extent funds are made available to the Recipient under this Recipient Agreement to pay for performance of such Land Management Activities. In addition, in the event an amendment is made to either of the Long-Term Management Plan that changes the Land Management Activities identified in the Endowment AnalysisAssessment, thereby requiring an amendment to the Endowment AnalysisAssessment, the Foundation shall not be liable to CDFWthe USACE, [insert the appropriate term: Recipient, the IRT or the CBRT]Permittee, or to any other party entities or persons for any decision by CDFW or the [insert USACE to approve the appropriate term: IRT or CBRT], amendment to amend the Endowment Analysis Assessment in any way that impairs the viability of the Endowment Amount LTMM Fund as a source of perpetual funding for the Land Management Activities or on the Bank PropertyPreserve.