THAT MAY HAVE JURISDICTION OVER OR RELATED TO TRIBAL
ACTIVITIES, DEVELOPMENT OR PROJECTS.
FURTHER, NOTHING IN THIS AGREEMENT SHALL
BE CONSTRUED TO RELIEVE THE BIA'S OR TRIBE'S OBLIGATION TO COMPLY WITH THE
NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) AS MAY BE REQUIRED AS PART OF ANY TRUST
APPLICATION OR ANY OTHER PROJECT REQUIREMENT.
THE COUNTY ACKNOWLEDGES THAT TO
THE EXTENT REQUIRED BY APPLICABLE LAW, ACTIVITIES THAT NORMALLY REQUIRE COUNTY
PERMITTING ARE EXEMPT FROM SUCH REQUIREMENTS WHEN THEY TAKE PLACE ON THE
RESERVATION OR TRIBAL TRUST LAND DUE TO TRIBAL SOVEREIGNTY AND PREEMPTIVE,
PLENARY FEDERAL POWER OVER INDIAN AFFAIRS.
THE TRIBE SIMILARLY ACKNOWLEDGES AND
AGREES THAT ITS DEVELOPMENT PROJECTS LOCATED ON FEE LANDS LOCATED WITHIN THE
COUNTY'S GEOGRAPHICAL BOUNDARIES SHALL CONFORM TO COUNTY PERMITTING AND OTHER
REGULATORY REQUIREMENTS.
26.2
THIRD PARTY BENEFICIARIES.
THIS AGREEMENT IS NOT INTENDED TO, AND
SHALL NOT BE CONSTRUED TO, CREATE ANY RIGHT ON THE PART OF A THIRD PARTY
INCLUDING, WITHOUT LIMITATION, NO RIGHTS IN ANY INTERESTED PERSONS, NOR DOES IT
CREATE ANY PRIVATE RIGHT OF ACTION FOR ANY THIRD PARTY NOR PERMIT ANY THIRD
PARTY TO BRING AN ACTION TO ENFORCE ANY OF ITS TERMS.
26.3
AMENDMENTS.
THIS AGREEMENT MAY BE MODIFIED OR AMENDED ONLY BY
MUTUAL AND WRITTEN AGREEMENT OF THE PARTIES.
26.4
FINAL AGREEMENT.
THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT OF
THE PARTIES AS TO THE SUBJECT MATTER HEREIN AND SUPERSEDES ANY OTHER AGREEMENTS
OF THE PARTIES TO THE CONTRARY.
THE AGREEMENT IS INTENDED BOTH AS THE FINAL
EXPRESSION OF THE AGREEMENT BETWEEN THE PARTIES
47
WITH RESPECT TO THE INCLUDED TERMS AND AS A COMPLETE AND EXCLUSIVE STATEMENT OF
THE TERMS OF THE AGREEMENT CONSISTENT WITH CALIFORNIA CODE OF CIVIL PROCEDURE
SECTION 1856.
NO MODIFICATION OF THIS AGREEMENT SHALL BE EFFECTIVE UNLESS AND
UNTIL SUCH MODIFICATION IS EVIDENCED BY A WRITING APPROVED AND SIGNED BY THE
PARTIES.
26.5
SEVERABILITY OF PROVISIONS.
THE INVALIDITY OF ANY PROVISIONS OR
PORTION OF THIS AGREEMENT AS DETERMINED BY A COURT OF COMPETENT JURISDICTION OR
THE UNITED STATES DEPARTMENT OF THE INTERIOR SHALL NOT AFFECT THE VALIDITY OF
ANY OTHER PROVISIONS OF THIS AGREEMENT OR THE REMAINING PORTIONS OF THE
APPLICABLE PROVISIONS, UNLESS SUCH PROVISION IS MATERIAL TO THE REASONABLE
EXPECTATION OF THE PARTIES.
WITHOUT LIMITING THE FOREGOING, IF THE AGREEMENT OR
ANY PROVISION THEREOF IS DECLARED INVALID BY A COURT OF COMPETENT JURISDICTION
OR THE DEPARTMENT OF INTERIOR, THEN THE PARTIES SHALL USE THEIR BEST EFFORTS TO
RENEGOTIATE THE TERMS OF THE INVALID PROVISIONS.
IN THE EVENT THAT THE PARTIES
ARE UNABLE TO SUCCESSFULLY RENEGOTIATE THE INVALID TERMS, THEY SHALL RESOLVE THE
MATTERS AT ISSUE THROUGH THE DISPUTE RESOLUTION PROVISIONS OF THIS AGREEMENT
WHICH SHALL ALLOW AN ARBITRATOR TO MODIFY, TERMINATE OR RESCIND, THIS AGREEMENT
IN THE EVENT THAT MATERIAL TERMS OF THIS AGREEMENT ARE DETERMINED TO BE VOID OR
ARE MATERIALLY CHANGED AND SHALL APPLY THE STANDARDS AND LIMITATIONS SET FORTH
IN SECTION 20.2.
26.6
FORCE MAJEUR.
THE PARTIES SHALL NOT BE LIABLE FOR ANY FAILURE TO
PERFORM, OR FOR DELAY IN PERFORMANCE OF A