Common use of UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT Clause in Contracts

UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT. This MOU neither enlarges nor diminishes the decision-making authority of any agency involved in the NEPA process. This MOU does not expand requirements or responsibilities beyond those found in laws and regulations, nor does it require an agency to provide financial assistance to a cooperating agency. A. THE U.S. FOREST SERVICE AND THE COOPERATOR WILL: (1) Cooperate to achieve better outcomes while ensuring legal requirements are met. (2) Communicate openly and provide for the timely exchange of information. (3) Resolve conflicts at the lowest administrative level. B. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Address: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ Email: ▇▇.▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇ C. NONBINDING AGREEMENT. This MOU creates no right benefit, or trust responsibility, substantive or procedural, enforceable by law or equity. The parties shall manage their respective resources and activities in a separate coordinated and mutually beneficial manner to meet the purpose(s) of this MOU. Nothing in this MOU authorizes any of the parties to obligate or transfer anything of value. Specific, prospective projects or activities that involve the transfer of funds, services, property, and/or anything of value to a party requires the execution of separate agreements and are contingent upon numerous factors, including, as applicable, but not limited to agency availability of appropriated funds and other resources; cooperator availability of funds and other resources; agency and cooperator administrative and legal requirements (including agency authorization by statute); etc. This MOU neither provides, nor meets these criteria. If the parties elect to enter into an obligation agreement that involves the transfer of funds, services, property, and/or anything of value to a party, then applicable criteria must be met. Additionally, under a prospective agreement, each party operates under its own laws, regulations, and/or policies, and any Forest Service obligation is subject to the availability of appropriated funds and other resources. The negotiation, execution, and administration of these prospective agreements must comply with all applicable law. Nothing in this MOU is intended to alter, limit, or expand the agencies’ statutory and regulatory authority. D. FREEDOM OF INFORMATION ACT (FOIA). Public access to MOU or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552).