MEMORANDUM OF UNDERSTANDING

 
This Memorandum of Understanding (MOU), hereinafter referred to as the Memorandum,
entered into on ________________________, by and between Dire Dawa Administration City
manager office residing at Dire Dawa, hereinafter referred to as the "First Party," and Harari
Region Water and mines bureau residing at Harar town, hereinafter referred to as the "Second
Party," and collectively known as the "Parties" for the purpose of establishing and achieving
various goals and objective relating to the ________________________ .
 
WHEREAS, the aforementioned Parties desire to enter into the herein described agreement in
which they shall work together to accomplish the goals and objectives set forth;
 
AND WHEREAS, the Parties are desirous to enter an understanding, thus setting out all
necessary working arrangements that both Parties agree shall be necessary to complete the
supply of water to the Dire Dawa new abattoir enterprise;
 
MISSION
The aforementioned agreement has been established with the following intended mission in
mind: make the dire dawa new abattoir functional.
 
To provide water for Dire Dawa New abattoir which amount at least 450 m3 per day.
 
PURPOSE AND SCOPE
The Parties intend for this Memorandum of Understanding to provide the cornerstone and
structure for any and all possibly impending binding contract which may be related to the
provision of water to the dire dawa new abattoir.
 
OBJECTIVES
The Parties shall endeavor to work together to develop and establish policies and procedures
that will promote and sustain provision of water for the new abattoir, and intend to maintain a
product and/or services that meets the water demands of the abattoir.
 
RESPONSIBILITIES AND OBLIGATIONS OF THE PARTIES
It is the desire and the wish of the aforementioned Parties to this MOU Agreement that this
document should not and thus shall not establish nor create any form or manner of a formal
agreement or indenture, but rather an agreement between the Parties to work together in such
a manner that would promote a genuine atmosphere of collaboration and alliance in the
support of an effective and efficient partnership and leadership meant to maintain, safeguard
and sustain sound and optimal managerial, financial and administrative commitment with
regards to all matters related to the provision of water to the new abattoir.
 The Harari region shall allow the dire dawa city manager to withdraw 450 m 3 per day from the
water channel/ reservoir.
 The dire dawa city administration shall procure and install the necessary equipment for
withdrawing water from the reservoir
 The dire dawa administration shall cover all the administration, material, and technical cost of
the project
 The operation and maintenance cost of withdrawing water from the main channel/reservoir
shall be covered by Dire Dawa city manager office.
 Dire dawa administration city manager shall pay for the utilized water amount to the harari
administration as per the bill issued by the same until bore hall and water is channeled to the
main DD-Harar water channel.

TIMELINE
The above outlined scope and objective shall be contingent on the Dire dawa administration
office of city manager digging bore hall on the Asaliso water field to be channeled using the
main DD-Harar water project.
 
TERMS OF UNDERSTANDING
The term of this Memorandum of Understanding shall be for a period of five years from the
aforementioned effective date and maybe extended upon written mutual agreement of both
Parties.
 
AMENDMENT OR CANCELLATION OF THIS MEMORANDUM
This Memorandum of Understanding may be amended or modified at any time in writing by
mutual consent of both parties.
 
In addition, the Memorandum of Understanding may be cancelled by either party with one
year advance written notice, with the exception where cause for cancellation may include, but
is not limited to, a material and significant breach of any of the provisions contained herein,
when it may be cancelled upon delivery of written notice to the other party.
 
GENERAL PROVISIONS
The Parties acknowledge and understand that they must be able to fulfill their responsibilities
under this Memorandum of Understanding in accordance with the provisions of the law and
regulations that govern their activities. Nothing in the Memorandum is intended to negate or
otherwise render ineffective any such provisions or operating procedures. The parties assume
full responsibility for their performance under the terms of this Memorandum.
 
If at any time either party is unable to perform their duties or responsibilities under this
Memorandum of Understanding consistent with such party's statutory and regulatory
mandates, the affected party shall immediately provide written notice to the other party to
establish a date for resolution of the matter.
 
LIMITATION OF LIABILITY
No rights or limitation of rights shall arise or be assumed between the Parties as a result of the
terms of this Memorandum of Understanding.
 
ARBITRATION/MEDIATION DISPUTE RESOLUTION
The Parties to this Memorandum of Understanding agree that should any dispute arise through
any aspect of this relationship, including, but not limited to, any matters, disputes or claims,
the parties shall confer in good faith to promptly resolve any dispute. In the event that the
parties are unable to resolve the issue or dispute between them, then the matter shall be
mediated and/or arbitrated in an attempt to resolve any and all issues between the parties.
 
The parties agree that any claim or dispute that arises from for through this agreement, the
relationship or obligations contemplated or outlined within this agreement, if not resolved
 through mediation, shall then go to and be resolved through final and binding arbitration. Any
decision reached by the Arbitrator shall be final and binding and, if required, may be entered
as a judgment in any court having jurisdiction.
 
In the event that any court having jurisdiction should determine that any portion of this
Agreement to be invalid or unenforceable, only that portion shall be deemed invalid and not
effective, while the balance of this Agreement shall remain in full effect and enforceable. This
Agreement shall be interpreted and governed by and in accordance with the Federal
Arbitration Act ……….
 
NOTICE
Any notice or communication required or permitted under this Memorandum shall be
sufficiently given if delivered in person or by certified mail, return receipt requested, to the
address set forth in the opening paragraph or to such address as one may have furnished to the
other in writing.
 
GOVERNING LAW
This Memorandum of Understanding shall be governed by and construed in accordance with
the laws of the FDRE.
 
SEVERABILITY CLAUSE
In the event that any provision of this Memorandum of Understanding shall be deemed to be
severable or invalid, and if any term, condition, phrase or portion of this Memorandum shall
be determined to be unlawful or otherwise unenforceable, the remainder of the Memorandum
shall remain in full force and effect, so long as the clause severed does not affect the intent of
the parties. If a court should find that any provision of this Memorandum to be invalid or
unenforceable, but that by limiting said provision it would become valid and enforceable, then
said provision shall be deemed to be written, construed and enforced as so limited.
 
ASSIGNMENT
Neither party to this Memorandum of Understanding may assign or transfer the
responsibilities or agreement made herein without the prior written consent of the non-
assigning party, which approval shall not be unreasonably withheld.
 
ENTIRE UNDERSTANDING
The herein contained Memorandum of Understanding constitutes the entire understanding of
the Parties pertaining to all matters contemplated hereunder at this time. The Parties signing
this MOU desire or intend that any implementing contract, license, or other agreement entered
into between the Parties subsequent hereto shall supersede and preempt any conflicting
provision of this Memorandum of Understanding whether written or oral.
 
MOU SUMMARIZATION
FURTHERMORE, the Parties to this MOU have mutually acknowledged and agreed to the
following:
 
- The Parties to this MOU shall work together in a cooperative and coordinated effort, and in
such a manner and fashion to bring about the achievement and fulfillment of the goals and
objectives stated above.
  
- It is not the intent of this MOU to restrict the Parties to this Agreement from their involvement
or participation with any other public or private individuals, agencies or organizations.
 
- The Parties to this MOU shall mutually contribute and take part in any and all phases of the
planning and development of supply of water to the abattoir, to the fullest extent possible.
 
- It is not the intent or purpose of this MOU to create any rights, benefits and/or trust
responsibilities by or between the parties.
 
- The MOU shall in no way hold or obligate either Party to supply or transfer funds to maintain
and/or sustain the water supply to the abattoir.
 
- The Parties to this MOU have the right to individually or jointly terminate their participation
in this Agreement provided that advanced written notice is delivered to the other party.
 
- Upon the signing of this MOU by both Parties, this Agreement shall be in full force and effect.
 
AUTHORIZATION AND EXECUTION
The signing of this Memorandum of Understanding does not constitute a formal undertaking,
and as such it simply intends that the signatories shall strive to reach, to the best of their
abilities, the goals and objectives stated in this MOU.
 
This Agreement shall be signed by the Harari Region Water and Mines Bureau and The Dire
Dawa Administration city manager office and shall be effective as of the date first written
above.
   
   
   
   
________________________________________________ ___________________________
_ (Date)
(First Party Signature)
________________________
   
   
   
   
________________________________________________ ___________________________
_ (Date)
(Second Party Signature)
________________________