Avoidance of Shifting of Risk Burden to Other Areas or Media Sample Clauses

Avoidance of Shifting of Risk Burden to Other Areas or Media. The enforceable monitoring requirements described above will ensure that there will be no shifting of risk burden to other environmental media associated with this project. In the unlikely event that the alternate liner system does not perform sufficiently under recirculation conditions, the underlying leak detection monitoring zone (i.e., the lined area beneath the sump areas and liner systems in the subcell) will be able to detect a release early, collect the release, and form the basis for project suspension. The leak detection zone will serve to collect any release of contaminants before they reach the soils and groundwater beneath the landfill. As set forth elsewhere in this Agreement (see Sec. II.B.4.), the County will conduct quarterly surface emissions monitoring under 40 CFR Part 60 Subpart WWW in accord with its revised AOS to assure that no additional burden of air emissions has occurred from within the test area. In addition, this project would not entail a shifting of environmental risk to low-income or disadvantaged communities. Instead, it reduces that risk. The expected result of the project is the eventual delay or avoidance of new landfill construction.
Sample 1
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Avoidance of Shifting of Risk Burden to Other Areas or Media. It is expected that there will be enforceable monitoring requirements in place which will ensure that no shifting of risk burden to other environmental media associated with this project. Should the alternate liner system not perform sufficiently under recirculation conditions, the underlying groundwater monitoring zone (i.e., the lined area beneath the sump areas and liner systems in each cell) will be able to detect a release early, collect the release, and form the basis for halting the project. The monitoring zone will serve to collect any release of contaminants before they reach the underlying groundwater regime. The County agrees to conduct periodic surface emissions monitoring conducted analytically in compliance with Subpart WWW to demonstrate compliance with NSPS as well as that no additional burden of air emissions has occurred.
Sample 1
Avoidance of Shifting of Risk Burden to Other Areas or Media. It is expected that there will be enforceable monitoring requirements in place which will ensure that no shifting of risk burden to other environmental media associated with this project. In the unlikely event that the alternate liner system not perform sufficiently under recirculation conditions, the underlying groundwater monitoring zone (i.e., the lined area beneath the sump areas and liner systems in each subcell) will be able to detect a release early, collect the release, and form the basis for project suspension. The monitoring zone will serve to collect any release of contaminants before they reach the underlying groundwater regime. The County agrees to conduct periodic surface emissions monitoring conducted analytically in compliance with Subpart WWW to demonstrate compliance with NSPS as well as that no additional burden of air emissions has occurred from within the test area. In addition, this project would not entail a shifting of environmental risk to low-income or disadvantaged communities. Instead, it reduces that risk. The expected result of the project is the eventual delay or avoidance of new landfill construction.
Sample 1

Related to Avoidance of Shifting of Risk Burden to Other Areas or Media

  • PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

  • Meter and Cabling Be obliged to draw electricity lines/wires, television cables, broadband data cables and telephone cables to the said Apartment only through the ducts and pipes provided therefor, ensuring that no inconvenience is caused to the Promoter or to other apartment owners. The main electricity meter shall be installed only at the space designated for common meters. The Allottee shall under no circumstances be entitled to affix, draw or string wires, cables, dish antennae or pipes from, to or through any part or portion of and outside walls of the building in which the Apartment is located save in the manner indicated by the Promoter/Association (upon formation).

  • Procurement of Small Works Works estimated to cost less than $20,000 equivalent per contract, up to an aggregate amount not to exceed $96,000 equivalent, may be procured under lump-sum, fixed-price contracts awarded on the basis of quotations obtained from three (3) qualified domestic contractors in response to a written invitation. The invitation shall include a detailed description of the works, including basic specifications, the required completion date, a basic form of agreement acceptable to the Association, and relevant drawings, where applicable. The award shall be made to the contractor who offers the lowest price quotation for the required work, and who has the experience and resources to complete the contract successfully. Part D: Review by the Association of Procurement Decisions

  • COMMERCIAL REUSE OF SERVICES The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to 's sites.

  • Modification of the Small Generating Facility The Interconnection Customer must receive written authorization from the NYISO and Connecting Transmission Owner before making any change to the Small Generating Facility that may have a material impact on the safety or reliability of the New York State Transmission System or the Distribution System. Such authorization shall not be unreasonably withheld. Modifications shall be done in accordance with Good Utility Practice. If the Interconnection Customer makes such modification without the prior written authorization of the NYISO and Connecting Transmission Owner, the Connecting Transmission Owner shall have the right to temporarily disconnect the Small Generating Facility. If disconnected, the Small Generating Facility will not be reconnected until the unauthorized modifications are authorized or removed.

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

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