Common use of Affirmative Determination Clause in Contracts

Affirmative Determination. In the event of an Affirmative Determination, California and Oregon each shall provide Notice to the Secretary and other Parties whether the State concurs with the Affirmative Determination. In its Concurrence, each State shall consider, in its discretion and independent judgment, whether: (i) significant impacts identified in its environmental review can be avoided or mitigated as provided under state law; and (ii) Facilities Removal will be completed within the State Cost Cap.

Appears in 6 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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