Adjustments to Existing Characteristics. In spite of implementation of the management activities set forth herein, incidents may occur on the Enrolled Property that are the result of neither the Cooperator nor its agent(s)’ actions or inactions but unforeseen and/or beyond the Cooperator’s control (e.g., force majeure events such as tornados, rainstorms, severe drought, fires, or insect/disease epidemics, etc.). The effects of such incidents on some or all of the existing characteristics could range from destruction to degradation. The effects on the Covered Species could range from extirpation to an inability to continue to occupy the Enrolled Property due to the non-suitability or non-existence of habitat. In either scenario, the Covered Species’ numbers and/or habitat could be reduced below the ”existing circumstances” described in Section 4.1, above, or reduced to the extent that the CCAA standard is no longer satisfied. When such incidents occur, the Cooperator will not be held responsible for the resulting loss and may request, in writing, that the Parties amend the XXXX to adjust the description of the existing circumstances on the Enrolled Property and/or the management activities to be implemented thereon. The Cooperator’s request to amend must also include a grant of access to the Authorizing Parties and/or the designee of the Authorizing Parties to enter onto the Enrolled Property to determine whether bases exist to approve the request to amend. The approval or denial of the request must be in writing and, if granted, must be approved by the FWS and include a detailed description of the extent to which the existing circumstances have been adjusted as well as specify changes to the management activities, if applicable. Each approval must be denominated as an amendment to the XXXX and appended as an exhibit to the XXXX. If the destruction or degradation of the existing circumstances is such that the Enrolled Property no longer satisfies the CCAA standard, the XXXX and Certificate must be terminated in accordance with Section 11.2, below.
