TERMINATION AND SATISFACTION. A. The provisions of this Agreement shall be deemed satisfied upon agreement of the Parties that the USACE has completed its obligations under the terms of this Agreement. Following USEPA certification of the remedial actions at the Site pursuant to Paragraph 3 of Part XXV (Work To Be Performed), any Party may propose in writing the termination of this Agreement upon a showing that the objectives of this Agreement have been satisfied. A Party opposing termination of this Agreement shall serve its objection upon the proposing Party within thirty (30) days of receipt of the proposal. Without prejudice to the USACE’s obligation for periodic review under Part XXVI (Periodic Review), no Party shall unreasonably withhold or delay termination of this Agreement. B. The obligations and objectives of this Agreement, except for the continuing obligations specified below, shall be deemed satisfied and terminated upon receipt by the USACE of written notice from USEPA, that the USACE has demonstrated that all the requirements of this Agreement have been satisfied. C. Any disputes arising from this Termination and Satisfaction process shall be resolved pursuant to the provisions of Part XI (Resolution of Disputes) of this Agreement. D. This Part shall not affect the Parties’ obligations pursuant to Part XXIX (Preservation of Records) or Part XXVI (Periodic Review) of this Agreement. In no event will this Agreement terminate prior to the USACE’s completion of the Work required by this Agreement.
Appears in 1 contract
Sources: Federal Facility Agreement
TERMINATION AND SATISFACTION. A. 39.1 The provisions of this Agreement shall be deemed satisfied upon agreement a consensus of the Parties that the USACE VA has completed its obligations under the terms of this Agreement. Following USEPA certification EPA Certification of all the remedial response actions at the Site pursuant to Paragraph 3 Subsection 9.8 of Part XXV (Work To Be Performed)Section IX – WORK TO BE PERFORMED, any Party may propose in writing the termination of this Agreement upon a showing that the requirements of this Agreement have been satisfied. The obligations and objectives of this Agreement shall be deemed satisfied and terminated upon receipt by VA of written notice from EPA, with concurrence of the UDEQ that VA has demonstrated that all the requirements of this Agreement have been satisfied. A Party opposing termination of this Agreement shall serve provide a written statement of the basis for its objection upon denial and describe the actions necessary to grant a termination notice to the proposing Party within thirty ninety (3090) days of receipt of the proposal. Without prejudice to the USACE’s obligation for periodic review under Part XXVI (Periodic Review), no Party shall unreasonably withhold or delay termination of this Agreement.
B. The obligations and objectives of this Agreement, except for the continuing obligations specified below, shall be deemed satisfied and terminated upon receipt by the USACE of written notice from USEPA, that the USACE has demonstrated that all the requirements of this Agreement have been satisfied.
C. 39.2 Any disputes arising from this Termination and Satisfaction process shall be resolved pursuant to the provisions of Part XI (Resolution of Disputes) Section XIX – DISPUTE RESOLUTION, of this Agreement.
D. 39.3 Upon termination of this Agreement, VA shall place a public notice announcing termination in two (2) local newspapers of general circulation.
39.4 This Part Section shall not affect the Parties’ obligations pursuant to Part XXIX (Preservation of Records) Section XX – PERIODIC REVIEW or Part XXVI (Periodic Review) Section XXX – RECORD PRESERVATION of this Agreement. In no event will this Agreement terminate prior to the USACE’s VA's completion of the Work required by this Agreement.. VA Medical Center Federal Facility Agreement Table of Contents i Acronyms and Abbreviations ii
Appears in 1 contract
Sources: Federal Facility Agreement
TERMINATION AND SATISFACTION. A. The provisions of this Agreement shall be deemed satisfied upon agreement a consensus of the Parties that the USACE Corps has completed its obligations under the terms of this Agreement. Following USEPA certification EPA Certification of the remedial actions at the Site pursuant to Paragraph 3 of Part XXV Section XXXII.D.2 (Work To Be to be Performed), ) any Party may propose in writing the termination of this Agreement upon a showing that the objectives of this Agreement have been satisfied. A Party opposing termination of this Agreement shall serve its objection upon the proposing Party within thirty (30) 30 days of receipt of the proposal. Without prejudice to the USACE’s obligation for periodic review under Part XXVI (Periodic Review), no No Party shall unreasonably withhold or delay termination of this Agreement.
B. The obligations and objectives of this Agreement, except for the continuing obligations specified identified below, shall be deemed satisfied and terminated upon receipt by the USACE Corps of written notice from USEPAthe EPA, with concurrence of the State, that the USACE Corps has demonstrated that all the requirements of this Agreement have been satisfied.
C. Any disputes arising from this Termination and Satisfaction process shall be resolved pursuant to the provisions of Part XI Section XII (Resolution of Disputes) of this Agreement.
D. This Part Section shall not affect the Parties’ continuing obligations pursuant to Part XXIX Section XXXVI (Preservation of Records) or Part XXVI Section XXXIII (Periodic Review) of this Agreement. In no event will this Agreement terminate prior to the USACE’s Corps’ completion of the Work required by this Agreement.
Appears in 1 contract
Sources: Federal Facility Agreement