Draft MOU between DBS and DEP for WTC economic development,

NYC 9/11 Public Portal Document

payment delivered to DBS (Attention:). If any reimbursement from FEMA is less than the amount invoiced by the Consultant, DBS shall have the sole responsibility of reimbursing EDC for the difference, pursuant to and subject to the terms of the EDC Agreement.

9. No Representations: No Liability under Consulting Contract. DEP makes no representation or warranty as to the amount of any reimbursement that may be obtainable from FEMA, and does not guaranty that reimbursements received will equal the amounts paid by EDC to the Consultant for its Services under the Consulting Contract. DEP is not a party to the EDC Agreement or the Consulting Contract and nothing contained herein (including the making of any reimbursement request by DEP to FEMA pursuant to the terms hereof) shall be deemed to make DEP a party to either the EDC Agreement or the Consulting Contract, or to impose any liability on DEP for the performance of the EDC Agreement or the Consulting Contract.

4. Notices. Any notices required or permitted hereunder shall be in writing and shall be delivered by hand, or by overnight courier, by certified mail, return receipt requested, or by facsimile (with a confirming copy sent by certified mail, return receipt requested), addressed as follows:

If to DBS, to:

Facsimile:

If to DEP, to:

Facsimile:

5. Miscellaneous. This Memorandum of Understanding (i) constitutes the entire understanding between the parties with respect to the subject matter hereof, and supersedes all prior understandings with respect to such subject matter, (ii) may not be amended or assigned I

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