Common use of IT IS MUTUALLY AGREED THAT Clause in Contracts

IT IS MUTUALLY AGREED THAT. 1. All persons employed by the Agency for purposes of accomplishing the goals of this agreement shall remain as the Agency’s employees while carrying out their duties under this agreement and shall not be considered Federal employees for any purpose. These employees shall not have the protection of the Federal Tort Claims Act if they negligently cause injury or damage to others and will not be covered by the Federal Employees’ Compensation Act if they are injured on the job. 2. This agreement is effective the date It is signed by both parties and shall continue in effect for obligation purposes through September 30, year. 3. Nothing shall be construed as obligating the parties to expend or as involving the United States in any contact or other obligation for future payment of money in excess of funds authorized by law and administratively made available. The furnishing of financial and other assistance by NRCS is contingent upon funds appropriated by Congress, made administratively available, or authorized by law. 4. This agreement may be amended at any time as mutually agreed in writing. Modifications within the scope of this agreement shall be by mutual consent of both parties, by the issuance of a written modification, signed by both parties. All modifications, extension, or amendments shall be made prior to the expiration date of this agreement. 5. This agreement may be terminated by either party upon thirty days written notice to the other party. Neither party shall incur further obligations past the date of termination. If the termination is for noncompliance, the Agency may be required to refund any payments made under this agreement by NRCS. If the termination is for the convenience of NRCS, the Agency will be entitled to reimbursement to expenses incurred prior to termination by NRCS. If the Agency elects to terminate this agreement, the Agency will be responsible to refund the NRCS any payments made under this agreement. 6. This agreement may be temporarily suspended by either party if it is determined that corrective action is needed to meet the provisions of this agreement. Further, either party may suspend this agreement when it is evident that a termination is pending.