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D.7. Various other subcommittees and workgroups have been appointed by the Steering Committee and charged to perform specific tasks and report findings to the Steering Committee. D.8. A Facilitator to facilitate the development of the Program Document has been selected by the Steering Committee after a process involving requests for proposals from candidates, review of such proposals, and interviews of candidates through a process developed by a Subcommittee. The Facilitator is required to conduct the facilitation in an open process in accordance with the POR. D.9. In compliance with Subsection (c), the Steering Committee has developed and approved, and the Parties have entered into, this Agreement, and the Service has consented to this Agreement to the extent of its capacity under applicable law to do so. D.10. The RIP and the Program Director have secured funding for the RIP through available federal, state, and local sources. D.11. All meetings of the RIP, the Steering Committee, the Subcommittees, and other RIP groups have been conducted, to the maximum extent feasible in compliance with the requirement in Subsection (h) that they be open to the public. The RIP publishes prior notices of all meetings and posts RIP-related documents, including the MOA, POR, this Agreement, meeting minutes, press releases, and Subcommittee reports, on its public website: http://earip.tamu.edu. The RIP also maintains a listserv to notify Participants of RIP meetings and Website postings. E. All signatories to this Agreement acknowledge that this cooperatively developed Agreement is sometimes referred to in Section 1.26A as the "implementing agreement" (Subsection (c)), and sometimes as the "cooperative agreement (Subsection (d-1), (e), and (m)), and that the agreement referred to in all such Subsections, by either term, is this Agreement. AGREEMENT In consideration of the premises and of other mutual consideration and benefits, the Parties to this Agreement agree as follows: Section 1. Recitals Incorporated; Capitalized Terms; Captions. The statements in the Recitals are incorporated and agreed to as if fully restated below in this Agreement. Unless the context clearly requires a different meaning, all capitalized terms and abbreviations shall have the meanings assigned in the Recitals. The captions in this Agreement are included for convenience only and shall not affect the construction or interpretation of any term in this Agreement. 11212.03001/DFRO/MISC-3/1052172v.8 Page 3 of 20