8C Consent 2008 0303 - Laserfiche WebLink

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in writing. Notices maybe delivered by facsimile or other electronic means, provided that they are also delivered personally or by certified mail. Notices shall be transmitted so that they are received within the specified deadlines. Field Supervisor John Jermanis Endangered Species Program City Manager U.S. Fish and Wildlife Service City of San Leandro Sacramento Fish and Wildlife Office 835 East 14th Street 2800 Cottage Way, W-2605 San Leandro, California 94577 Sacramento, California 95825-1846 Phone: (510) 577-3351 Phone: (916) 414-6600 Entire agreement. This MOU constitutes the entire agreement among the parties. It does not supersede the existing 2006 California Sea-Mite (Suaeda tali ornica) Reintroduction Plan, San Francisco Bay, California (Attachment A). However, it does supersede any and all other agreements, either oral or in writing, among the parties with respect to the subject matter hereof, and contains all of the covenants and agreements among them with respect to said matters, and each party acknowledges that no representation, inducement, promise or agreement, oral or otherwise, has been made by any other party or anyone acting on behalf of any other party that is not embodied herein. The USFWS 2006 California Sea-Mite (Suaeda tali ornica) Reintroduction Plan, San Francisco Bay, California (Attachment A) is made a part of this agreement, as stated previously. Elected officials not to benefit. No member of or delegate to Congress shall be entitled to any share or part of this agreement, or to any benefit that may arise from it. Availability of funds. Implementation of this MOU by the USFWS is subject to the requirements of the Anti-Deficiency Act and the availability of appropriated funds. Nothing in this agreement will be construed by the parties to require the obligation, appropriation, or expenditure of any money from the U.S. Treasury. The parties acknowledge that the USFWS will not be required under this agreement to expend any Federal agency's appropriated funds unless and until an authorized official of that agency affirmatively acts to commit to such expenditures as evidenced in writing. Duplicate originals. This agreement maybe executed in any number of duplicate originals. A complete original of this agreement shall be maintained in the official records of each of the parties hereto. No third-party beneficiaries. Without limiting the applicability of rights granted to the public pursuant to the Act or other Federal law, this agreement shall not create any right or interest in the public, or any member thereof, as a third-party beneficiary hereof, nor shall it authorize anyone not a party to this agreement to maintain a suit for personal injuries or damages pursuant to the provisions of this agreement. The duties, obligations, and responsibilities of the parties to this agreement with respect to third parties shall remain as imposed under existing law. 6