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Relationship to the Act and other a~uthoriNes. The terms of this agreement shall be governed <br />by and construed in accordance with the Act and applicable Federal law. In particular, nothing <br />in this agreement is intended to limit the authority of the USFWS to seek penalties or otherwise <br />fulfill their responsibilities under the Act. Moreover, nothing in this agreement is intended to <br />limit or diminish the legal obligations and responsibilities of the USWFS as an agency of the <br />Federal government. Nothing in this agreement will limit the right or obligation of any Federal <br />agency to engage in consultation required under Section 7 of the Act or other Federal law; <br />however, it is intended that the rights and obligations of the City under this MOU will be <br />considered in any consultation affecting the City's use of the covered lands. <br />References to regulations. Any reference in this MOU to any regulation or rule of the USFWS <br />shall be deemed to be a reference to such regulation or rule in existence at the time an action is <br />taken. <br />Applicable laws. All activities undertaken pursuant to this MOU must be in compliance with all <br />applicable State and Federal laws and regulations. <br />Successors and assigns. This agreement and each of its covenants and conditions shall be <br />binding on and shall inure to the benefit of the parties and their respective successors and <br />assigns. <br />IN WITNESS WHEREOF, THE PARTIES HERETO have executed this Memorandum of <br />Understanding to be in effect as of the date that it is signed by both parties. <br />~- <br />BY Date ~ ' z0 ' og <br />Sus Moore <br />'l~,? <br />~~~' Field Supervisor <br />~~'' Sacramento Fish and Wildlife Office ~, <br />United States Fish and Wildlife Service <br />Sacramento, California <br />BY <br />John Jermanis <br />City Manager <br />City of San Leandro <br />835 East 14t~' Street <br />San Leandro, California 94577 <br />Date <br />