401 Certification Sample Clauses

401 Certification. 7.4.2.1 The Parties recognize that Ecology has not issued a 401 Certification related to surrender of the Project License or issuance of the SUA. Pursuant to applicable regulations, PUD will file the application set forth in Appendix I to request a Section 401 Water Quality Certification from Ecology. By entering into this Settlement Agreement, Ecology is not making a pre-decisional determination of the outcome of the 401 Certification. Implementation of the PM&Es set forth in Appendices A, B and D is not an admission by PUD that the Project causes or contributes to a violation of applicable water quality standards for temperature or that the Project reservoirs fail to comply with applicable water quality standards for temperature. Nor do the PM&Es serve as an admission by Ecology that the Project or reservoirs are in compliance with applicable temperature standards. As necessary to preserve the above understanding regarding temperature, PUD reserves the right to appeal the 401 Certification as it relates to temperature, regardless of whether the certification contains a Material Modification of this Settlement Agreement. Further, entry into this Agreement does not restrict the right of any Party to appeal the temperature Total Maximum Daily Load (“TMDL”) for the applicable segment of the Pend Oreille River. 7.4.2.2 As to PUD’s application for a 401 Certification, the Parties, other than Ecology, respectfully request that Ecology accept and incorporate, without modification, as conditions to the 401 Certification issued to PUD, all Proposed License Surrender and SUA Conditions that are within Ecology’s jurisdiction pursuant to Section 401 of the CWA. The Parties further request that Ecology not include in the 401 Certification conditions that constitute a Material Modification of the License Surrender Order or SUA. 7.4.2.3 Consistent with Section 5.1, Ecology anticipates, based upon existing analyses and information, that the Proposed License Surrender and SUA Conditions will be consistent with Section 401 of the CWA. 7.4.2.4 Ecology reserves the right to amend its 401 Certification by further administrative order if it determines that, based upon new information, the provisions hereof are no longer adequate to provide reasonable assurance of compliance with applicable water quality standards or other appropriate requirements of state law.
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401 Certification. See Paragraph 1.2.4. 16 Accessible: A recreation or other facility or site element that meets 17 ADAAG.
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401 Certification. The Parties respectfully request that SWRCB accept and incorporate, without material modifications, as conditions to the 401 Certification all the PM&E measures stated in 21 Appendix A of the Settlement that are within the SWRCB’s jurisdiction under Section 22 401 of the CWA. The Parties further request that SWRCB not include as conditions to the 401 Certification additional conditions on Resolved Subjects.
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401 Certification. If any provision of the 401 Certification is Inconsistent 18 with the Settlement, the Settlement shall be deemed modified to conform to the provisions of the 401 Certification, unless a Party provides Notice within 30 days 19 of the date of the 401 Certification that it disputes the inconsistency, and that Party initiates the Alternative Dispute Resolution (“ADR”) procedures stated in
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401 Certification. See Paragraph 1.2.4.
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401 Certification. Until the Closing, Seller shall continue to defend the issuance of the 401 Certification that was the subject of the Vermont Water Resources Board's July 11, 2003 Order, which order is being challenged by a motion to alter.
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Related to 401 Certification

  • AS9100 Certification ‌ AS9100 Certification, specifies requirements for a quality management system to demonstrate the Contractor’s ability to consistently meet the customer requirements as well as statutory and regulatory requirements for the aerospace industry. An AS9100 Certification, is not mandatory; however, Contractors who desire to compete for work within the aerospace industry are encouraged to have AS9100 Certification, during the entire term of OASIS. The Contractor shall notify the OASIS CO, in writing, if there are any changes in the status of their AS9100 Certification, and provide the reasons for the change and copies of audits from an AS9100 Certification Body, as applicable. If only part of a Contractor’s organization is AS9100, certified, the Contractor shall make the distinction between which business units or sites and geographic locations have been certified.

  • CLEC Certification 8.1 Notwithstanding any other provision of this Agreement, CenturyLink shall have no obligation to perform under this Agreement until such time as CLEC has obtained such FCC and Commission authorization(s) as may be required by Applicable Law for conducting business in the State as a competitive local exchange carrier. CLEC shall not be permitted to establish its account nor place any orders under this Agreement until it has obtained such authorization and provided proof of such to CenturyLink. For the life of this Agreement, CLEC must represent and warrant to CenturyLink that it remains a certified local provider of Telephone Exchange Service within CenturyLink’s Local Calling Area(s) in the State. At any time during the life of this Agreement, CLEC will provide a copy of its current Certificate of Operating Authority or other evidence of its status to CenturyLink upon request. CLEC’s failure to maintain such authorization(s) as may be required by Applicable Law for conducting business in the State as a CLEC shall be considered a Default of Agreement.

  • OFAC Certification Company certifies that (i) it is not acting on behalf of any person, group, entity, or nation named by any Executive Order or the United States Treasury Department, through its Office of Foreign Assets Control (“OFAC”) or otherwise, as a terrorist, “Specially Designated Nation”, “Blocked Person”, or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation that is enforced or administered by OFAC or another department of the United States government, and (ii) Company is not engaged in this transaction on behalf of, or instigating or facilitating this transaction on behalf of, any such person, group, entity or nation.

  • Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

  • New Certifications If a participating Employer is newly certified by ONA at one of its owned nursing homes for its registered nurses, the existing standard non-monetary provisions in the central ONA/RN agreements will automatically apply to the nurses effective nine (9) months after the Employer receives notice to bargain from the Union or a Memorandum of Agreement or Interest Arbitration Award is received, whichever is earlier. These provisions include: Article 1 Article 2.03 Articles 2.05, 2.07-2.12 Articles 3-8 Articles 9.01(d) only, 9.03-9.13, 9.15, 9.16, 9.17 Article 10

  • E-VERIFY CERTIFICATION Pursuant to Executive Order RP-80, Engineer certifies and ensures that for all contracts for services, Engineer shall, to the extent permitted by law, utilize the United States Department of Homeland Security’s E-Verify system during the term of this agreement to determine the eligibility of: 1. All persons employed by Engineer during the term of this agreement to perform duties within the State of Texas; and 2. All persons, including subcontractors, assigned by Engineer to perform work pursuant to this agreement. Violation of this provision constitutes a material breach of this agreement.

  • Annual Certification The Contractor is required to submit an annual certification demonstrating compliance with the Warranty of Security to the Department by December 31 of each Contract year.

  • Tax Certification If Contractor is a taxable entity as defined by Chapter 171, Texas Tax Code, then Contractor certifies it is not currently delinquent in the payment of any taxes due under Chapter 171, Contractor is exempt from the payment of those taxes, or Contractor is an out‑of‑state taxable entity that is not subject to those taxes, whichever is applicable.

  • Class Certification Solely for the purposes of this Settlement, the Parties stipulate and agree to certification of the claims asserted on behalf of Class Members. As such, the Parties stipulate and agree that in order for this Settlement to occur, the Court must certify the Class as defined in this Agreement.

  • Owner Certification During the term of this Contract, the Owner certifies that: a) The Owner will, at all times, maintain the Unit and premises, including common areas accessible to the Tenant, in decent, safe, and sanitary condition and compliant with applicable state or local codes and rental housing requirements; and b) The Owner will comply in all material respects with this Contract; and c) The Unit is leased to and, to the best of the Owner’s knowledge, is occupied by the Tenant; and, d) Owner has taken no action and will not take any action to terminate the Lease and cause the Tenant to vacate the Unit without providing written notice of such action to the Tenant and the Program Administrator; and e) Other than the Tenant’s Contribution, the Owner has not received and will not receive any payments or other consideration (from the Tenant, HUD, or any other public or private source) for rental of the Unit during the Term of this Contract except as identified in Exhibit A; and f) To the best of the Owner’s knowledge, the Unit is used solely as the Tenant’s principal place of residence; and g) The Tenant does not own or have any interest in the Unit; and h) The Owner (including a principal or other interested party) is not the parent, child, grandparent, grandchild, sister, or brother of any member of the family of the Tenant, unless the Program Administrator has determined (and has notified the Owner and the Tenant of such determination) that approving rental of the unit, notwithstanding such relationship, would provide reasonable accommodation for a family member who is a person with disabilities.

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