THE PARTIES MUTUALLY AGREE Clause Samples

THE PARTIES MUTUALLY AGREE. A. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the OWNER upon completion or termination of the CONSULTANT'S services and payment in full of undisputed charges due the CONSULTANT, in accordance with this Agreement. The CONSULTANT shall not be responsible for any re-use or modification of the plans and specifications once they become property of OWNER. The OWNER agrees to hold the CONSULTANT harmless from all claims, liability or cost, including reasonable attorney fees and defense costs which arise out of such further use without the participation of the CONSULTANT. B. In the event of unavoidable delays in the progress of the work contemplated by this Agreement, reasonable extensions in the time allotted for the work will be granted by the OWNER; provided, however, that the CONSULTANT shall request extensions, in writing, giving the reasons therefore. Such time extensions shall not justify an increase in the PROJECT cost. C. It is further agreed that this Agreement and any modifications to it shall be binding upon the parties hereto and their successors and assigns. ▇. ▇▇▇▇▇▇▇ the OWNER'S review, approval or acceptance of, nor payment for any of the work or services required to be performed by the CONSULTANT under this Agreement shall be construed to operate as a waiver of any right under this Agreement or any cause of action arising out of the performance of this Agreement and the CONSULTANT shall be and remain liable to the OWNER for all costs of any kind which are incurred by the OWNER as a result of the CONSULTANT’S breach of any condition or warranty contained in the Agreement. ▇. The rights and remedies of the OWNER provided for under this Agreement are in addition to any other rights and remedies provided by law and the OWNER may assert its right of recovery by any appropriate means, including, but not limited to, set-offs; suit; withholding; recoupment; or counterclaim, either during or after performance of this Agreement. ▇. The CONSULTANT agrees to employ structural, mechanical and electrical engineers, if necessary, as determined by the CONSULTANT and OWNER jointly, for design and analysis and to pay the fees as contracted for with the individual engineers for such services. These fees are not reimbursable expenses and are included in the fixed PROJECT fee.

THE PARTIES MUTUALLY AGREE. A. The parties mutually agree each shall provide and maintain commercial general liability insurance or self-insurance acceptable to both parties in the minimum amounts of $1,000,000 per occurrence, $3,000,000 general aggregate and upon request shall furnish proof thereof in the form of a certificate of insurance within 30 days of the effective date of this Agreement. Each Certificate of Insurance shall specify that should any above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. B. The UNIVERSITY agrees to indemnify, hold harmless, and defend the DISTRICT, its agents and employees from and against all loss or expense (including costs and attorney fees) resulting from liability imposed by law upon the DISTRICT because of bodily injury to or death of any person or on account of damages to property, including loss of use thereof, arising out of or in connection with this Agreement and due or claimed to be due to the negligence of the UNIVERSITY, its agents or employees. The DISTRICT agrees to indemnify, hold harmless, and at the University’s request, defend the UNIVERSITY, its agents and employees from and against all loss or expenses (including costs and attorney fees) resulting from liability imposed by law upon the University because of bodily injury to or death of any person or on account of damages to property, including loss of use thereof, arising out of or in connection with the Agreement, and due or claimed to be due to the negligence of the DISTRICT, its agents or employees. C. Both parties acknowledge they are independent contractors, and nothing contained in this Agreement shall be deemed to create an agency, joint venture, franchise or partnership relation between the parties and neither party shall so hold itself out. Neither party shall have the right to obligate or bind the other party in any manner whatsoever, and nothing contained in this Agreement shall give or is intended to give any right of any kind to third persons. D. Any failure of a party to enforce that party’s right under any provision of this Agreement shall not be construed or act as a waiver of said party’s subsequent right to enforce any provisions contained herein. E. Notices required or permitted to be provided under this Agreement shall be in writing and shall be deemed to have been duly given if mailed first class to the parties that signed this agreement and to the addresses below. FIEL...

THE PARTIES MUTUALLY AGREE. A. Neither party shall discriminate in the assignment of INTERNS on the basis of race, color, disability, gender, religion, national origin, ancestry, sexual orientation, or any other basis prohibited by law. B. Any failure of a party to enforce that party’s right under any provision of this Agreement shall not be construed or act as a waiver of said party’s subsequent right to enforce any provisions contained herein. C. Notices required or permitted to be provided under this Agreement shall be in writing and shall be deemed to have been duly given if mailed first class to the parties that signed this agreement and to the addresses below. FIELDWORK SITE CONTACT INFORMATION: UNIVERSITY CONTACT INFORMATION: Mt. Diablo Unified School District ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Concord, CA 94519 Attn: Dr. ▇▇▇▇ ▇▇▇▇▇ Phone: (925) 682-8000 ext. 4136 University of Massachusetts Global ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: School of Education, ▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ D. If any term or provision of this Agreement is for any reason held to be invalid, such invalidity shall not affect any other term or provision, and this Agreement shall be interpreted as if such term or provision had never been contained in this Agreement. E. In the event of any material default under this Agreement, which default remains uncured for a period of twenty-one (21) days after receipt of written notice of such default, or in the event of the loss of WASC accreditation by the UNIVERSITY, this Agreement may be immediately terminated by the non-defaulting party. F. This Agreement fully supersedes any and all prior agreements or understandings between the parties or any of their respective affiliates with respect to the subject matter hereof. No change, modification, addition, amendment, or supplement to this Agreement shall be valid unless set forth in writing and signed and dated by both parties hereto subsequent to the execution of this Agreement. G. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Should either party institute legal action to enforce any obligation contained herein, it is agreed that the proper venue of such suit or action shall be Orange County, California.

THE PARTIES MUTUALLY AGREE. A. Neither party shall discriminate in the assignment of students on the basis of race, color, disability, sex, religion, national origin, ancestry, sexual harassment, or any other basis prohibited by law. B. Both parties acknowledge they are independent contractors, and nothing contained in this Agreement shall be deemed to create an agency, joint venture, franchise or partnership relation between the parties and neither party shall so hold itself out. Neither party shall have the right to obligate or bind the other party in any manner whatsoever, and nothing contained in this Agreement shall give or is intended to give any right of any kind to third persons. C. Any failure of a party to enforce that party’s right under any provision of this Agreement shall not be construed or act as a waiver of said party’s subsequent right to enforce any provisions contained herein. D. Notices required or permitted to be provided under this Agreement shall be in writing and shall be deemed to have been duly given if mailed first class to the parties that signed this agreement and to the addresses below. FIELDWORK SITE CONTACT INFORMATION: UNIVERSITY CONTACT INFORMATION: Mother Lode Union School District ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Placerville, CA 95667 Attn: ▇▇▇▇ ▇▇▇▇▇▇ Phone: (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇ University ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: School of Education, ▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ E. If any term or provision of this Agreement is for any reason held to be invalid, such invalidity shall not affect any other term or provision, and this Agreement shall be interpreted as if such term or provision had never been contained in this Agreement. F. In the event of any material default under this Agreement, which default remains uncured for a period of twenty-one (21) days after receipt of written notice of such default, or in the event of the loss of WASC accreditation by the UNIVERSITY, this Agreement may be immediately terminated by the non-defaulting party. G. This Agreement fully supersedes any and all prior agreements or understandings between the parties or any of their respective affiliates with respect to the subject matter hereof. No change, modification, addition, amendment, or supplement to this Agreement shall be valid unless set forth in writing and signed and dated by both parties hereto subsequent to the execution of this Agreement. H. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the exe...

THE PARTIES MUTUALLY AGREE. A. That this Agreement will continue in full force and effect until terminated by either party in accordance with the terms of this Agreement. B. That, from the date of this Agreement until December 31, 1996, either party may terminate this Agreement without cause, as to one or more Ryder Locations, by giving the other party 60 days prior notice for each such Ryder Location, but in no event can either party alone terminate more than a total number of Ryder Locations that accounted for $1,000,000 in total Consumer Truck Rental ("Division") annual Rental Equipment rental revenue in 1995. C. That, from January 1, 1997 until December 31, 1997, either party may terminate this Agreement without cause, as to one or more Ryder Locations, by giving the other party 60 days prior notice for each such Ryder Location, but in no event can * CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. either party alone terminate more than a total number of Ryder Locations that accounted for $6,000,000 in total Division annual Rental Equipment rental revenue in 1996. D. That, each calendar year after December 31, 1997, either party may terminate this Agreement without cause, as to one or more or all Ryder Locations, to the extent below the terminating party's * Annual Termination Limit (as defined below), by giving the other party 60 days prior notice for each such Ryder Location. The " * Annual Termination Limit" will be equal to a total number of Ryder Locations that accounted for $12,000,000 in total Division annual Rental Equipment rental revenue in the calendar year immediately preceding the calendar year of termination. E. That, notwithstanding any restrictions in 3.B., 3.C. and 3.D., either party may terminate this Agreement at any time with respect to any Ryder Location upon material violation by the other party of any of the Agreement's terms or conditions at or with respect to such Ryder Location, by giving the other party 30 days' notice of and opportunity to cure such violation at such Ryder Location. F. That all notices, consents and other communications hereunder shall be sufficiently given for all purposes hereunder if in writing and delivered personally, sent by documented overnight delivery service or registered or certified mail return receipt requested to the appropriate address set forth below. Notices to Ryder shall be ad...

THE PARTIES MUTUALLY AGREE. 1. That each party will comply with the information gathering provisions of section 1619 of the Food, Conservation, and Energy Act of 2008, P.L. 110- 246 (a.k.a. the 2008 Farm ▇▇▇▇), as well as section 2004 of the Farm Security and Rural Investment Act of 2002, P.L. 107-171 (a.k.a. the 2002 Farm ▇▇▇▇), the Privacy Act, the Freedom of Information Act, and related state and federal acts and policies concerning privacy and the dissemination of records. 2. To collectively identify and develop cooperative programs, activities and projects conducted under this MOU that advance conservation with private landowners and operators; 3. To periodically review the progress of programs, activities or projects developed under this MOU and plan future program directions as appropriate; 4. That this MOU is neither a fiscal- nor funds-obligating document. Any endeavor by either party that involves reimbursement, contribution of funds, or transfer of anything of value between the parties shall be subject to available funding and will be handled in accordance with applicable laws, regulations, and procedures. The terms of this agreement are subject to the availability of funds. In the event that adequate funding is not made available, the Parties agree that they will terminate their respective responsibilities under this MOU as agreed to under the termination clause of this agreement, below. Such endeavors shall be outlined in separate agreements, shall be made in writing by representatives of both parties, and shall be independently authorized by appropriate statutory authority. This MOU does not provide such authority; 5. That this MOU in no way restricts either party from participating in similar activities with other public or private agencies, organizations, and individuals; 6. That each party will be responsible for its own actions and results, thereof. Accordingly each party (where liability is otherwise imposed by law) is responsible alone (exclusive of the other parties) for any injury to persons or property resulting in any manner from its conduct of its own operations, and the conduct of its agents or employees occurring in furtherance of the objectives of this MOU. Any liability of the University to the Farm Service Agency and National Bobwhite Technical Committee and third parties for any claims, damages, losses, or costs arising out of or related to acts performed by the University under this agreement shall be governed by the Tennessee Claims Commission Act, Te...

THE PARTIES MUTUALLY AGREE. A. The FIELDWORK SITE shall provide field experiences in such schools or classes of the FIELDWORK SITE and under the direct supervision and instruction of such employees of the FIELDWORK SITE, as specified by the duly authorized representatives of the FIELDWORK SITE and the UNIVERSITY. B. The FIELDWORK SITE may, for good cause, refuse to accept for field experiences or terminate the field experience assignment of any candidate of the UNIVERSITY assigned to the FIELDWORK SITE in writing. Prior to removal of an candidate, the FIELDWORK SITE shall consult with the UNIVERISITY about its concerns and proposed course of action. The UNIVERSITY may terminate the field experience assignment or candidate’s teaching assignment of any candidate of the UNIVERSITY at the FIELDWORK SITE at any time, and may do so if the FIELDWORK SITE so requests in writing with a statement of reason(s) why the FIELDWORK SITE desires to have the candidate withdrawn C. Neither party shall discriminate in the assignment of participating candidates on the basis of race, religious creed (including religious dress and grooming practices), color, national origin (including language and language use restrictions), ancestry, disability (mental and physical) including HIV and AIDS, legally protected medical condition (cancer-related or genetic characteristics), denial of Family and Medical Care Leave, marital status, sex (including pregnancy, childbirth, breastfeeding or related medical condition), gender, gender identity, gender expression, age 40 or over, military or veteran status, sexual orientation, genetic information or any other bases protected by federal (including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990), state or local law D. The UNIVERSITY agrees to indemnify, hold harmless, and defend the FIELDWORK SITE, its agents, and employees from and against all loss or expense (including costs and attorney fees) resulting from liability imposed by law upon the FIELDWORK SITE because of bodily injury to or death of any person or on account of damages to property, including loss of use thereof, arising out of or in connection with the Agreement and due or claimed to be due to the negligence of the UNIVERSITY, its trustees, agents, or employees. E. The FIELDWORK SITE agrees to indemnify, hold harmless, and at the UNIVERSITY’S...

THE PARTIES MUTUALLY AGREE. This Agreement is effective as of August 7, 2024, and shall terminate three (3) years from that date, unless previously terminated by either Party. The Parties may renew this Agreement upon mutual consent. Any extension of the term of this Agreement shall be in writing and signed by both Parties.

THE PARTIES MUTUALLY AGREE. 1. Plans for handling traffic during construction must be included in the design plans provided by the City and must be in conformity with the latest version, as adopted by the Secretary, of the Manual on Uniform Traffic Control Devices (MUTCD). Detour routes and road closings, if necessary, shall be noted on the design plans. The Secretary or his or her authorized representative may act as the City’s agent with full authority to determine the dates when any road closings shall commence and terminate. The Secretary or his or her authorized representative shall notify the City of the determinations made pursuant to this section. 2. The final design plans for the Project are by reference made a part of this Agreement. 3. If any items are found to be non-participating by the Secretary, acting in his or her own behalf and on the behalf of the Federal Highway Administration, the total cost of these items will be paid by the City. 4. The location, form and character of informational, regulatory and warning signs, of traffic signals and of curb and pavement or other markings installed or placed by any public authority, or other agency as authorized by K.S.A. 8-2005, shall conform to the manual and specifications adopted under K.S.A. 8-2003, and any amendments thereto are incorporated by reference and shall be subject to the approval of the Federal Highway Administration.