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the Endangered Species Act, National Environmental Policy Act, and the implementing regulations and guidance relating to such federal laws on issues in the decision-making process. The Service will endeavor to provide such input as soon as reasonably possible. Such requests will be made by the Program Manager to the Service's Austin Ecological Service's Field Supervisor. 6.2. No Exclusive Arrangement. This Agreement does not create an exclusive arrangement between the Service or the Department of the Interior and the other Parties or commit the Service, the Department of the Interior, or the other Parties to enter into any contract or other binding obligation. 6.2.1. By entering into this Agreement, no Party is obligated to enter into, approve, or execute any contract or other binding obligation including, without limitation, the Program Document or any other document included in or incorporated in the Program Document. 6.2.2. This Agreement is subject to and is intended to be consistent with all applicable federal, state, and local laws. 6.2.3. All Parties recognize that various Parties have statutory responsibilities that cannot be delegated. Nothing in this Agreement shall be construed to abrogate any of the statutory responsibilities of any Party, including: 0 (1) Responsibilities that relate to implementing specific strategies included in the Program Document; (2) Authority to decide whether to approve any document, or amendment thereto, specifically required to be entered into by the Parties under Senate Bill 3; or (3) The Service's statutory authority under the Endangered Species Act and other federal law. Nothing contained in this Agreement is intended to limit the authority of the United States government to seek civil or criminal penalties or otherwise fulfill its enforcement responsibilities under the ESA or other applicable law. 6.3. No Federal Action. This Agreement is not a Federal contract, rule, or regulation. This Agreement shall not be construed as or interpreted to be final Federal agency action. 6.4. No Liability for Costs. Though the Parties agree that no action at law or in equity may be brought to enforce or interpret the provisions of this Agreement, if any action at law or in equity, including any action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, then each Party shall pay its own attorney's fees and costs. No Party shall be liable in monetary damages to any other Party or other person for any breach of this Agreement, any performance or failure to perform a mandatory or discretionary obligation imposed by this Agreement or any other cause of action arising from this Agreement. The Parties shall retain whatever liability they would possess for their present and future acts or failure to act S without the existence of this Agreement. 11212.03001/DFRO/MISC-3/1052172v.8 Page 7 of 20