IMPLEMENTATION AND ENFORCEMENT. The Parties acknowledge and agree that implementation and operation of the Upper Basin and Lower Basin DCPs consistent with this Companion Agreement are intended to further the goals and coordinated operations of Lake Xxxxxx and Lake Xxxx pursuant to the 2007 Interim Guidelines, and to enhance conservation of water in the Colorado River System for the benefit of each of the Colorado River Basin States. The Secretary shall provide and describe 24-Month Study assumptions and projected operations, including those related to Lower Basin water use, to the Parties prior to the completion of the April and August 24-Month Studies under the 2007 Interim Guidelines. In addition to the consultations under the Annual Operating Plan, the Secretary shall also provide and describe to the Parties an evaluation of actual calendar-year operations and identify any substantial variations from modeling assumptions. The Parties agree to comply with this Companion Agreement, including the Upper Basin and Lower Basin DCPs. The Parties agree to act in good faith and with fair dealing entering into, implementing and performing their obligations under this Companion Agreement, including the Upper Basin and Lower Basin DCPs. In the event of failure to comply with this provision, any affected non-Federal party may maintain an action to enforce pursuant to 43 U.S.C. §1551(c).
IMPLEMENTATION AND ENFORCEMENT. 22. The parties shall endeavor in good faith to resolve informally any differences regarding interpretation of or compliance with this Agreement prior to initiating court action. If the United States believes that KleinBank has failed to perform in a timely manner any act required by this Agreement, or has otherwise not acted in conformance with any provision thereof, whether intentionally or not, the United States shall notify KleinBank in writing of its concerns through its undersigned counsel. KleinBank shall have 15 days from the date of the United States’ notification to cure the breach.
IMPLEMENTATION AND ENFORCEMENT. 26. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil suit in this matter, except as provided in paragraph 27 of this Agreement.
IMPLEMENTATION AND ENFORCEMENT. 11. The United States may review compliance with this Agreement at any time. The Township agrees to cooperate with any such review. Upon reasonable notice by the United States to the Township, the Township shall permit representatives of the United States to inspect and copy all non-privileged, pertinent records of the Township, including, but not limited to, those records referenced above in Paragraph 10.
IMPLEMENTATION AND ENFORCEMENT. 58. The County may seek to modify this Agreement because of changed conditions making performance impossible by notifying the United States in writing, setting forth the modification and the facts to support it. Until the United States agrees to the modification in writing, no modification will take effect. The United States' agreement will not be unreasonably withheld.
IMPLEMENTATION AND ENFORCEMENT. 16. The United States may review compliance with this Agreement at any time. The University agrees to cooperate with the United States in any review of compliance with this Agreement. Upon reasonable notice, the University will permit counsel for the United States to inspect all non-privileged records pertinent to this Agreement.
IMPLEMENTATION AND ENFORCEMENT. 27. The United States may monitor compliance with this Agreement at any time, including, but not limited to, by conducting tests at any offices or locations at which Xxxxxxx conducts activities related to housing. Xxxxxxx agrees to cooperate with the United States in any review of compliance with this Agreement. Upon reasonable notice, Xxxxxxx shall permit counsel for the United States to inspect and copy all non-privileged records pertinent to this Agreement.
IMPLEMENTATION AND ENFORCEMENT. 36. The Parties shall endeavor in good faith to resolve informally any differences regarding interpretation of or compliance with this Agreement prior to initiating court action.
IMPLEMENTATION AND ENFORCEMENT. 63. If at any time the County desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval will not be unreasonably withheld or delayed.
IMPLEMENTATION AND ENFORCEMENT. 29. Within 14 days of the Effective Date, the Parties shall jointly move the Court to dismiss the amended complaint, pursuant to Fed. R. Civ. P. 41(a)(2), subject to reinstatement as set forth in the following paragraph. The joint motion will include this Agreement as an Exhibit.
