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A Menu of Suggested Provisions for Public Health Mutual Aid Agreements

Supplementary Agreements or Parties

Descriptive Note

Conceding that EMAC only provides the “elements of a broad base common to all states” and that “it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ,” Article VII bestows upon states the discretion to enter into supplementary agreements for the purpose of reconciling their differences. Parties entering into mutual aid agreements may similarly choose to incorporate provisions relating to supplementary agreements or additional parties to the agreement.

Optional sample provisions

Authorizing entry into supplementary agreements:
  • Nothing in this Agreement precludes any Party from entering into supplementary agreements with another Party or affects any other agreements already in force among Parties.

  • This is not an exclusive agreement and shall not prevent or limit other agreements of any nature between Parties to this Agreement.

Contemplating additional parties to the agreement:
  • Nothing in this Agreement precludes additional jurisdictions with public health responsibilities from becoming Parties, subject to approval of Parties to the Agreement.
Restricting parties to the terms of the executed agreement:
  • This Agreement incorporates all of the agreements, covenants and understandings between the Parties concerning the subject matter herein. No agreement or understanding of the Parties or their agents shall be valid or enforceable unless stated in this Agreement.
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