3.1 The MoU is not a formal or legally binding contract except for Clause 16 (Confidentiality), Clause 17 (Intellectual Property Rights and [ ]).6 The Partners expect that its scope will evolve over time and in particular as a Service Level Agreement is entered into in accordance with Clause 7 and as the procurement of treatment technology progresses.
3.2 The Partners, individually and collectively, have (by signing the MoU) agreed to use all reasonable endeavours to comply with its terms.
3.3 The Partners will not be obliged to commit expenditure without that being agreed by each of them as individual partners except where they each agree to commit funding of a specific amount (one-off or annually) to be pooled. The Partners shall agree how to expend any such pooled amounts.
3.4 The Joint Waste Partnership is not a legal entity. Accordingly, it cannot employ staff or enter into a contract(s) in its own right and will therefore have to act through an agent, normally one of the Partners.
3.5 The Joint Waste Partnership has no delegated or executive powers.
3.6 Nothing contained or implied in this MoU shall prejudice or affect the Partners" rights, powers, discretions, duties and obligations in their functions as local authorities and or in any other capacity. All rights, powers, discretions, duties and obligations of the Partners under all laws may at all times be fully and effectually exercised as if the Partners were not a party to this MoU.
[DN: Paragraphs 4 to 13 are optional modules which can be included in the MoU according to the particular requirements of the participating authorities.]
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6 Authorities may wish to include additional clauses which they consider should be legally binding.