Responsibilities for Costs. This agreement does not commit the tribes to additional costs directly related to mass marking and a selective fisheries plan. These envisioned costs specifically include providing for equipment use and maintenance, costs for marking and tagging operations and increases in staff for coded-wire tag sampling, if any are required. The parties sponsoring and conducting mass marking will carry out this responsibility by providing equipment and technical assistance when needed.
Responsibilities for Costs. If liability of any kind is imposed on the United States relating to the Servicing Agency’s provision of goods or services under this MOA, the Servicing Agency will accept accountability for its actions, but the Ordering Agency shall remain responsible as the program proponent for providing such funds as are necessary to discharge the liability, and all related costs. This obligation extends to all funds legally available to discharge this liability, including funds that may be made legally available through transfer, reprogramming or other means. Should the Ordering Agency have insufficient funds legally available, including funds that may be made legally available through transfer, reprogramming or other means, the Ordering Agency remains responsible for seeking additional funds. Nothing in this MOA shall be construed to imply that Congress will, at a later date, appropriate funds sufficient to meet the deficiencies. Notwithstanding the above, this MOA does not confer any liability upon the Ordering Agency for claims payable by the Servicing Agency under the Federal Torts Claims Act. Provided further that nothing in this MOA is intended or will be construed to create any rights or remedies for any third party and no third party is intended to be a beneficiary of this MOA.
Responsibilities for Costs. Upon such termination, Sarepta shall reimburse Summit for forty-five percent (45%) of Summit’s Out-of-Pocket Costs incurred following the effective date of such termination in connection with the completion of such ongoing Clinical Studies pursuant to Section 13.3.2(c)(i) or the wind-down of such ongoing Clinical Studies pursuant to
Responsibilities for Costs. Upon such termination, Sarepta shall reimburse Summit for forty-five percent (45%) of Summit’s Out-of-Pocket Costs incurred following the effective date of such termination in connection with the completion of such ongoing Clinical Studies pursuant to Section 13.3.2(c)(i) or the wind-down of such ongoing Clinical Studies pursuant to Section 13.3.2(c)(ii). Summit shall invoice Sarepta following the end of each Calendar Quarter for such amounts due under this Section 13.3.2(c)(iii), and shall provide supporting documentation as reasonably requested by Sarepta, and Sarepta shall reimburse Summit for all such costs incurred by Summit within forty-five (45) days after receiving any invoice from Summit for such costs. Sarepta shall have the right to audit Summit’s records relating to such Out-of-Pocket Costs in accordance with Section 8.5.
