The Cooperator Clause Samples
The Cooperator. In consideration of the foregoing, the Cooperator agrees to:
i. Allow access to the enrolled property upon reasonable notice by the Permittee or other agreed-upon party for purposes related to this Agreement and associated site- specific plan for activities including, but not limited to, monitoring, research, management, restoration and capture and relocation of the covered species.
ii. Notify the Permittee of any proposed or pending transfer of ownership so that the Permittee can attempt to contact the new owner, explain the baseline responsibilities and Certificate of Inclusion applicable to the enrolled property, and invite the new owner to continue the existing Certificate of Inclusion or enter into a new one that would benefit listed species on the enrolled property.
iii. Report to the Permittee any dead, injured, or ill specimens of the covered species observed on the enrolled property.
iv. Either directly or through a designated responsible party, submit an annual report to the Permittee no later than September 30th of each year. At a minimum, annual reports shall include all items listed on the “Template – Cooperator Annual Report” included in Appendix 7.
v. Cooperatively implement actions that will benefit the covered species, as described in this Agreement and in the site-specific plan for the enrolled property.
vi. Actively pursue resources, if necessary, to implement actions described in the site- specific plan, such as by providing funding and/or in-kind contributions (e.g. labor, materials and supplies) or seeking grants and support from other sources.
vii. Notify the Permittee 60 calendar days in advance of any planned activity that the Cooperator reasonably anticipates will result in “take” (i.e. death, injury or other harm) of the covered species on the enrolled property. Notify the Permittee immediately of any unexpected “take” on the enrolled property. This includes “take” that may result from management activities. Notification may be by letter, e-mail or phone.
The Cooperator. The Cooperator will per the original Scope of Work be responsible for all phases of the work and will be accountable for the accuracy and professional quality of the fieldwork; produce the final report and all requirements for the databases and archival/curatorial needs; meet all personnel requirements necessary to carry out archeological investigations on federal lands, including personnel requirements listed under the Secretary of Interior Standards for Archeology and Historical Preservation; provide all equipment necessary for the completion of the fieldwork, analysis, and report preparation; and meet the Secretary of Interior Standards, Guidelines, and Qualifications for work on federal lands.
The Cooperator. 1. Represents and warrants that (a) the Cooperator owns the Property and has the right to enter to this Agreement, and (b) this Agreement does not interfere with or violate the rights of any other party. A change of ownership of the Property shall not change the terms of this Agreement, which shall remain in effect for the duration of the period specified in Section II below. The Cooperator agrees to notify NWTF of planned or pending changes or ownership of the Property at least 30 days in advance.
2. Retains all rights to control trespass, and bears all responsibilities for taxes, assessments, and damage claims with respect to the Property.
3. Agrees to allow NWTF personnel or their authorized representatives reasonable access to the Property upon prior notification by NWTF or its authorized representatives, for activities identified in Appendix A and to inspect the associated ongoing and completed work.
4. Agrees to maintain the suitability of the habitat achieved as a result of the activities described in Appendix A for a period of five (5) years following completion of the described activities.
5. Assumes the responsibility for securing all plans needed to carry out the Program described in Appendix A.
6. Agrees that, unless specifically provided otherwise herein, the Cooperator shall supply at its sole cost and expense all labor, material, equipment, supervision, and all other items and services necessary in the performance of its duties hereunder.
7. Shall provide a completed Department of the Treasury and Internal Revenue Service W-9 Form, “Request for Taxpayer Identification Number and Certification” for use in reimbursement. See Appendix B.