US DEPARTMENT OF JUSTICE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

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VII. any and all personnel involved in these transactions. The terms of this MOA may be amended upon written approval by the original parties, or their designated representatives. Any amendment to this MOA becomes effective upon the date of approval as stated in the amendment. Either party can cancel this MOA upon 60- calendar day's written notice to the other party. The ATF will only process request for overtime for overtime incurred before the date of cancellation, absent a specific written agreement to the contrary. VIII. NO PRIVATE RIGHT CREATED This is an internal Government agreement between ATF and the Santa Ana Police Department and is not intended to confer any right or benefit to any private person or party. IX. LIMITATIONS A. The relationship between the Parties to this Agreement is and shall remain that of independent departments and agencies. Nothing herein shall be construed to imply either Party's employees are employees of the other. B. A determination that any term of this MOA is invalid for any reason shall not affect The validity of the remaining terms. C. The obligations in this MOA are subject to the availability of the necessary resources to the Parties. No provision of this MOA shall be interpreted to require obligation or payment of funds in violation of the Anti -deficiency Act, 31 U.S.C. Section 1341, or other applicable laws. D. Each Party shall assume the responsibility and liability for the acts and omissions of its own employees or agents in connection with the performance of their obligations under this Agreement that are executed within the scope of their employment, including claims for injury, loss or damage to personal property or death, except in the case of the federal Government, liability shall be determined pursuant to the Federal Tort Claim Act (FTCA — 28 U.S.C. Section 1346). E. The mutual covenants and terms, and any applicable MOUs, represent the entire Agreement and understanding of the Parties with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings relative to such subjectmatters. No representations or statements of any kind made by either Party, which are not expressly stated herein, shall be binding on such Party.