Adverse Effect to Historic Properties Sample Clauses

Adverse Effect to Historic Properties. If the consulting party cannot recommend, or cannot agree on, alternatives or modifications to the application or permit conditions that could avoid, minimize, or mitigate adverse effects on historic properties, the consulting party(s) shall notify the Department the application has an adverse effect on historic properties. The Department shall then either deny the permit or continue working toward resolution of adverse effects in accordance with III.B, below.
Sample 1
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Adverse Effect to Historic Properties a) For those undertakings with a finding of “Adverse Effect to Historic Properties” the CRM shall provide the SHPO and Tribes with a packet of information including, but not limited to, the following: (1) project description, to include depth and amount of ground disturbance anticipated; (2) APE map showing the location of the project and summary of survey efforts to identify historic properties; (3) description of the historic properties affected; (4) documentation of alternatives considered to avoid or minimize the adverse effect and why they could not be accomplished; and (5) any photos, as necessary. b) The Tribes are under no obligation to provide comments on the effect determination; however, if they wish USAG YPG to consider their comments regarding the effect determination, Tribes should submit comments in writing within 30 days of receipt. If no comments are received within that time, the CRM shall make a second attempt to contact the Tribes for comments. USAG YPG shall take any tribal comments received into consideration before concluding the consultation and will notify the SHPO of any tribal concerns and USAG YPG response to those concerns. c) The SHPO shall provide any comments to the USAG YPG effect determination within 30 days of receipt of all pertinent documentation.
Sample 1
Adverse Effect to Historic Properties i. For a specific Program undertaking with a finding of “Adverse Effect to Historic Properties,” the USACE shall provide the Applicable Consulting Parties with the following: (1) A full description of the Program undertaking, to include depth and amount of ground disturbance, as well as above-ground effects, anticipated; (2) An APE map and narrative description of the Program undertaking; (3) A description of the steps taken, and justification for the level of effort, to identify historic properties within the APE; (4) Results of historic property identification efforts completed by the USACE, including an appropriate level to include reports, forms, evaluations, eligibility determinations, or other documents of documentation supporting NRHP eligibility determinations; (5) A description of the affected historic properties including information on the characteristics that qualify them for the NRHP; (6) A description of the Program undertaking’s potential effects on the historic properties and an explanation of why the criteria of adverse effect were found applicable or inapplicable; (7) Any photos, additional maps, images, or plans, as appropriate; (8) A stated finding of “Adverse Effect to Historic Properties” and request for comment for said finding from the Applicable SHPO. ii. The USACE shall consult with the Applicable Consulting Parties to resolve the “Adverse Effect to Historic Properties” pursuant to Stipulation III.E.
Sample 1
Adverse Effect to Historic Properties. If the Corps applies the criteria of adverse effect found in 36 CFR 800.5(a) and determines that the project will result in an adverse effect to historic properties, the Corps shall document this finding and notify the appropriate SHPO and/or THPO, Tribes, consulting parties, and the interested public pursuant to 36 CFR 800.6(a). The Corps shall continue to consult with the SHPO and/or THPO, Tribes, and consulting parties to develop and evaluate alternatives or modifications that could avoid, minimize or mitigate adverse effects. The Corps shall submit the inventory report and NMCRIS forms or internal evaluation by to the SHPO. The Corps shall notify affected Tribes and consulting parties of their adverse effect determinations and shall invite their comments. The Corps shall proceed with the resolution of Adverse Effect procedures in VI.G.
Sample 1
Adverse Effect to Historic Properties. 1. For those activities with a finding of “Adverse Effect to Historic Properties” the FAA shall provide the SHPO, the Tribes, other consulting parties (except the ACHP) with a packet of information including, but not limited to, the following: a) description of the activity being addressed, to include depth and amount of ground disturbance anticipated; b) APE map showing the location of the project and of any identified historic properties; c) description of the historic properties affected; d) any photos as necessary; e) finding of “Adverse Effect to Historic Properties” and request for concurrence on said finding from the SHPO; and f) proposed means to avoid or minimize adverse effects and to offer mitigation measures if appropriate. 2. The Tribes and other consulting parties are under no obligation to provide comments on the finding of effect; however, if they wish the FAA to consider their comments regarding the finding of effect, Tribes and other consulting parties can submit comments in writing within 30 calendar days of receipt. If no comments are received within that time, the FAA shall make a second attempt to contact the Tribes and other consulting parties for comments. FAA shall take any tribal or other consulting party comments received into consideration before concluding the consultation and will notify the SHPO of any tribal or other consulting party concerns and the FAA’s response to those concerns. 3. The SHPO shall provide a response to the FAA’s finding of effect within 30 calendar days of receipt of all pertinent documentation. If no comments are received within that time, the FAA shall make a second attempt to contact the SHPO for comments before assuming concurrence with the FAA’s effect determination. a) If the SHPO concurs with the adverse effects finding, the FAA shall first determine if any consulting party has concerns with the finding (see Stipulation X.E.4), and if there are no concerns the FAA shall proceed to Stipulation X.F. 4. If a consulting party does not concur, or has concerns, with the finding of “Adverse Effect to Historic Properties,” the FAA shall consult with the consulting party, and other consulting parties as appropriate, for no more than a total of 30 calendar days, or other time period as agreed to among the consulting parties, upon receipt of the notification of non-concurrence to attempt to resolve concerns as identified by the consulting party. a) If at the end of the 30 calendar days, or agreed to specifie...
Sample 1
Adverse Effect to Historic Properties. 29 30 a) For those undertakings with a finding of “Adverse Effect to Historic
Sample 1
Adverse Effect to Historic Properties. If the Corps applies the criteria of adverse effect found in 36 CFR 800.5(a) and determines that the project will result in an adverse effect to historic properties, the Corps shall document this finding and notify the SHPO, Indian tribes, consulting parties, and interested public pursuant to 36 CFR 800.6 (a) The Corps shall continue to consult with the SHPO, Indian tribes, and consulting parties to develop and evaluate alternatives or modifications that could avoid, minimize, or mitigate adverse effects. The Corps shall submit the inventory documentation to the SHPO and Indian tribes. The Corps shall notify the ACHP and consulting parties of their adverse effect determinations and shall invite their comments and participation. The Corps shall proceed with the resolution of adverse effect procedures in VII.H. If the Corps and the SHPO and/or an Indian tribe(s) cannot agree on any determination of eligibility, the parties will follow regulations in 36 CFR 800.4(c)(2) to resolve the disagreement.
Sample 1
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Related to Adverse Effect to Historic Properties

  • Existence; Compliance with Laws; Businesses and Properties (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except as otherwise expressly permitted under Section 6.05. (i) Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises and authorizations, material to the conduct of its business, except as could not reasonably be expected to have a Material Adverse Effect; (ii) comply in all material respects with all applicable laws, rules, regulations and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except as could not reasonably be expected to have a Material Adverse Effect; and (iii) at all times maintain and preserve all tangible property material to the conduct of such business and keep such property in good repair, working order and condition (subject to ordinary wear and tear, casualty and condemnation) and from time to time make, or cause to be made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times, except as could not reasonably be expected to have a Material Adverse Effect.

  • Real Properties The Company does not have an interest in any real property, except for the Leases (as defined below).

  • Existence; Businesses and Properties (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and (to the extent the concept is applicable in such jurisdiction) good standing under the legal requirements of the jurisdiction of its formation, except as otherwise expressly permitted under Section 6.05, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. (b) Qualify and remain qualified as a foreign entity in each jurisdiction in which qualification is necessary in view of its business and operations or the ownership of its properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. (c) Do or cause to be done all things necessary to obtain, preserve, renew, extend, maintain and keep in full force and effect the rights, privileges, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; maintain and operate such business in substantially the manner in which it is presently conducted and operated; comply in all material respects with all applicable laws, rules, regulations, decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except where the failure do so could not reasonably be expected to have a Material Adverse Effect; and at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

  • Real Property Matters The Credit Parties shall have delivered to the Administrative Agent with respect to each parcel of Real Property to the extent that such parcel of Real Property becomes or should be subject to a Mortgage pursuant to ‎Section 6.10(a) above, all of the following: (i) an American Land Title Association (ALTA) mortgagee title insurance policy or policies, or unconditional commitments therefor (a “Title Policy”) issued by a title insurance company reasonably satisfactory to the Administrative Agent (a “Title Company”), in an amount not less than the amount reasonably required therefor by the Administrative Agent (taking into account the estimated value of the property involved), insuring fee simple title to, or a valid leasehold interest in, such Real Property vested in the applicable Credit Party and assuring the Administrative Agent that the applicable Mortgage creates a valid and enforceable first priority mortgage lien on the respective Real Property encumbered thereby, subject only to Permitted Liens, which Title Policy (1) shall include an endorsement for mechanics’ liens, for revolving, “variable rate” and future advances under this Agreement and for any other matters reasonably requested by the Administrative Agent, and (2) shall provide for affirmative insurance and such reinsurance as the Administrative Agent may reasonably request, all of the foregoing in form and substance reasonably satisfactory to the Administrative Agent; (ii) a title report issued by the Title Company with respect thereto, dated not more than 30 days prior to the date of execution of the applicable Mortgage and satisfactory in form and substance to the Administrative Agent; (iii) copies of all recorded documents listed as exceptions to title or otherwise referred to in the Title Policy or in such title report relating to such Real Property; (iv) evidence, which may be in the form of a letter or other certification from the Title Company or from an insurance broker, surveyor, engineer or other provider, as to whether (1) such Real Property is a Flood Hazard Property, and (2) the community in which such Flood Hazard Property is located is participating in the National Flood Insurance Program, and if such Real Property is a Flood Hazard Property, evidence that the applicable Credit Party has obtained flood insurance in respect of such Flood Hazard Property to the extent required under the applicable regulations of the Board of Governors of the Federal Reserve System; (v) a survey, in form and substance reasonably satisfactory to the Administrative Agent, of such Real Property, certified in a manner satisfactory to the Administrative Agent by a licensed professional surveyor reasonably satisfactory to the Administrative Agent; (vi) a certificate of the Borrower identifying any Phase I, Phase II or other environmental report received in draft or final form by any Credit Party during the five year period prior to the date of execution of the Mortgage relating to such Real Property and/or the operations conducted therefrom, or stating that no such draft or final form reports have been requested or received by any Credit Party (or its counsel), together with true and correct copies of all such environmental reports so listed (in draft form, if not finalized); and all such environmental reports shall be satisfactory in form and substance to the Administrative Agent; (vii) an opinion of local counsel admitted to practice in the jurisdiction in which such Real Property is located, reasonably satisfactory in form and substance to the Administrative Agent, as to the validity and effectiveness of such Mortgage as a lien on such Real Property encumbered thereby, and covering such other matters of law in connection with the execution, delivery, recording and enforcement of such Mortgage as the Administrative Agent may reasonably request; and (viii) upon request of the Administrative Agent and/or the Lenders, the Administrative Agent shall have received appraisals, reasonably satisfactory in form and substance to the Administrative Agent and each Lender, dated not more than 60 days prior to the date of execution of each Mortgage and addressed to the Administrative Agent and the Lenders or accompanied by a separate letter indicating that the Administrative Agent and the Lenders may rely thereon, from one or more nationally recognized appraisal firms, reasonably satisfactory to the Administrative Agent, covering (i) the Real Properties, and (ii) all other tangible property, plant and equipment owned by Holdings, the Borrower or any of its Subsidiaries, that is to be subjected to the Lien of the Security Agreement and is located at any plant or facility owned or leased by Holdings, the Borrower or any of its Subsidiaries in the United States of America, which appraisals shall set forth (A) the “fair market value” of such property (i.e., the amount at which such property would equitably exchange between a willing buyer and a willing seller, neither being under a compulsion and both having reasonable knowledge of all relevant facts on the premise that such property will continue in its present use as part of an ongoing business enterprise), (B) the “orderly disposal value” of such property (i.e., the amount that may be realized through a forced sale disposal of such property when a reasonable time to find a buyer is allowed), and (C) the “forced liquidation value” of such property (i.e., the amount that may be realized through an immediate forced sale disposal of such property), in each case as determined in accordance with sound appraisal standards.

  • Existence; Business and Properties (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise permitted under Section 6.05, and except for the liquidation or dissolution of Subsidiaries if the assets of such Subsidiaries to the extent they exceed estimated liabilities are acquired by the Borrower or a Wholly Owned Subsidiary of the Borrower in such liquidation or dissolution; provided, that Subsidiary Loan Parties may not be liquidated into Subsidiaries that are not Loan Parties and Domestic Subsidiaries may not be liquidated into Foreign Subsidiaries (except in each case as permitted under Section 6.05). (b) Except where the failure to do so would not reasonably be expected to have a Material Adverse Effect, do or cause to be done all things necessary to (i) lawfully obtain, preserve, renew, extend and keep in full force and effect the permits, franchises, authorizations, Intellectual Property, licenses and rights with respect thereto necessary to the normal conduct of its business, and (ii) at all times maintain, protect and preserve all property necessary to the normal conduct of its business and keep such property in good repair, working order and condition (ordinary wear and tear excepted), from time to time make, or cause to be made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith, if any, may be properly conducted at all times (in each case except as permitted by this Agreement).

  • Access to Properties Subject to the rights of Tenants, Borrower shall permit agents, representatives and employees of Lender to inspect the Properties or any part thereof at reasonable hours upon reasonable advance notice.

  • Environmental Audits and Reports As soon as practicable following receipt thereof, copies of all final environmental audits, investigations, analyses and reports of any kind or character, whether prepared by personnel of Holdings or any of its Subsidiaries or by independent consultants, Government Authorities or any other Persons, with respect to significant environmental matters at any Facility that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect or with respect to any Environmental Claims that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

  • Existence, Properties, Etc (a) The Company shall do, or cause to be done, all things, or proceed with due diligence with any actions or courses of action, that may be reasonably necessary (i) to maintain Company's due organization, valid existence and good standing under the laws of its state of incorporation, and (ii) to preserve and keep in full force and effect all qualifications, licenses and registrations in those jurisdictions in which the failure to do so could have a Material Adverse Effect (as defined below); and (b) the Company shall not do, or cause to be done, any act impairing the Company's corporate power or authority (i) to carry on the Company's business as now conducted, and (ii) to execute or deliver this Agreement or any other document delivered in connection herewith, including, without limitation, any UCC-1 Financing Statements required by the Secured Party to which it is or will be a party, or perform any of its obligations hereunder or thereunder. For purpose of this Agreement, the term "Material Adverse Effect" shall mean any material and adverse affect as determined by Secured Party in its sole discretion, whether individually or in the aggregate, upon (a) the Company's assets, business, operations, properties or condition, financial or otherwise; (b) the Company's to make payment as and when due of all or any part of the Obligations; or (c) the Pledged Property.

  • Environmental Compliance and Reports Borrower shall comply in all respects with any and all Environmental Laws; not cause or permit to exist, as a result of an intentional or unintentional action or omission on Borrower’s part or on the part of any third party, on property owned and/or occupied by Borrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to and in compliance with the conditions of a permit issued by the appropriate federal, state or local governmental authorities; shall furnish to Lender promptly and in any event within thirty (30) days after receipt thereof a copy of any notice, summons, lien, citation, directive, letter or other communication from any governmental agency or instrumentality concerning any intentional or unintentional action or omission on Borrower’s part in connection with any environmental activity whether or not there is damage to the environment and/or other natural resources. Additional Assurances. Make, execute and deliver to Lender such promissory notes, mortgages, deeds of trust, security agreements, assignments, financing statements, instruments, documents and other agreements as Lender or its attorneys may reasonably request to evidence and secure the Loans and to perfect all Security Interests.

  • Environmental Reports and Audits As soon as practicable following receipt thereof, copies of all environmental audits and reports with respect to environmental matters at any Facility or which relate to any environmental liabilities of Holdings or its Subsidiaries which, in any such case, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect;

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