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Section 49.109-2: Reservations.

(a) The TCO shall -

    (1) Reserve in the settlement agreement any rights or demands of the parties that are excepted from the settlement;

    (2) Ensure that the wording of the reservation does not create any rights for the parties beyond those in existence before execution of the settlement agreement;

    (3) Mark each applicable settlement agreement with “This settlement agreement contains a reservation” and retain the contract file until the reservation is removed;

    (4) Ensure that sufficient funds are retained to cover complete settlement of the reserved items; and

    (5) At the appropriate time, prepare a separate settlement of reserved items and include it in a separate settlement agreement.

(b) A recommended format for settlement of reservations appears in 49.603-9.




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