Application of Criteria of Adverse Effects Sample Clauses

Application of Criteria of Adverse Effects. If USFWS determines and SHPO concurs that the “site is eligible”, but through discussions with Buckeye, USFWS determines avoidance is not a feasible alternative, then USFWS will consult with SHPO to apply the criteria of adverse effects. This work will be completed in consultation with SHPO guidelines and all deliverables will be submitted for SHPO review and comment by USFWS. 1) If following the application of the criteria of adverse effects, USFWS determines and SHPO concurs that the Projects and the mitigation will have “no effect” or “no adverse effect” on an eligible site then no further investigations of that site will be conducted. 2) If USFWS determines and SHPO concurs that the Projects and/or the mitigation will have an “adverse effect” on an eligible site, but the construction and/or mitigation project is subsequently redesigned by Buckeye to avoid adverse effects, then the finding would be changed to “no effect”. USFWS shall provide written documentation demonstrating avoidance for SHPO concurrence. 3) If avoidance of adverse effects is still not feasible after redesign of the construction and/or mitigation project by Buckeye , the scope of the adverse effects will be reassessed.
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Application of Criteria of Adverse Effects. ‌ a. Following resolution of comments provided on identification efforts, Huntington District shall submit a finding of effects to Section 106 Consulting Parties that describes how they have applied the Criteria of Adverse Effects, as defined by 36 CFR 800.5(a)(1) to the undertaking. This effect determination shall be supported by information required to understand its basis.‌ b. Section 106 Consulting Parties shall have 30 days (upon receipt) to review the finding of effects and provide comments for consideration. Huntington District will ask the SHPO to concur with the effects determinations that are proposed; all Section 106 Consulting Parties may request additional information to support consultation regarding the effect determinations within this time period.‌ c. SHPO concurrence with a finding of no adverse effect, as defined by 36 CFR 800.5(b), and consideration of comments from Section 106 Consulting Parties may successfully conclude consultation regarding the effects to historic properties from the approved risk management plan. Even if an objection is not made under Stipulation VI, Huntington District shall seek to resolve any concerns expressed about a finding of no adverse effect by Section 106 Consulting Parties.‌ d. In the event that Huntington District finds that there may be adverse effect(s) to historic properties or if SHPO does not agree with the initial effect determination, and this disagreement cannot be resolved, Huntington District shall hold a Charrette with Section 106 Consulting Parties to discuss ways to resolve any potential adverse effects. This Charrette will occur after the initial 30 day review period has elapsed and the comments of Section 106 Consulting Parties have been considered by Huntington District. Continued consultation will seek concurrence between Huntington District and SHPO regarding any “no adverse effect” determination(s), or seek to resolve any potential adverse effects through consultation between Section 106 Consulting Parties.‌ e. If adverse effects are identified, consultation shall determine if the Effects Risk Register has adequately captured the scope and nature of these effects or if additional effects need to be considered. In consultation with Section 106 Consulting Parties, Huntington District shall determine if potential effect management options in the Effects Risk Register are appropriate to take into account the effects to historic properties. Consultation may also consider whether other opti...
Sample 1

Related to Application of Criteria of Adverse Effects

  • Absence of Adverse Changes From the date hereof until the Closing, there will have been no material adverse change in the financial or business condition of the Company.21

  • Notice of Adverse Change Recipient shall promptly notify OBDD of any adverse change in the activities, prospects or condition (financial or otherwise) of Recipient or the Project related to the ability of Recipient to perform all obligations required by this Contract.

  • Absence of Material Adverse Effect Since the date of this Agreement, there shall not have been any event, change or occurrence that, individually or in the aggregate, has had or would reasonably be expected to have a Company Material Adverse Effect.

  • Absence of Material Adverse Changes No material adverse change in the business, assets, financial condition, or prospects of the Company shall have occurred, no substantial part of the assets of the Company not substantially covered by insurance shall have been destroyed due to fire or other casualty, and no event shall have occurred which has had or will have a material adverse effect on the business, assets, financial condition or prospects of the Company.

  • Notice of Material Adverse Effect The Company shall notify the Buyer (and any subsequent holder of the Debentures), as soon as practicable and in no event later than three (3) business days of the Company’s knowledge of any Material Adverse Effect on the Company. For purposes of the foregoing, “knowledge” means the earlier of the Company’s actual knowledge or the Company’s constructive knowledge upon due inquiry.

  • Absence of Material Adverse Change On the Closing Date, no circumstance shall exist that constitutes a REIT II Material Adverse Effect.

  • Financial Statements; No Material Adverse Effect; No Internal Control Event (a) (i) The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; (ii) fairly present the financial condition of Borrower and its Consolidated Subsidiaries as of the date thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; and (iii) show all material indebtedness and other liabilities, direct or contingent, of Borrower and its Consolidated Subsidiaries as of the date thereof, including liabilities for taxes, material commitments and Indebtedness. (b) The unaudited consolidated balance sheets of Borrower and its Consolidated Subsidiaries dated August 31, 2006, and the related consolidated statements of income or operations, shareholders’ equity and cash flows for the fiscal quarter ended on that date (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein, and (ii) fairly present the financial condition of Borrower and its Consolidated Subsidiaries as of the date thereof and their results of operations for the period covered thereby, subject, in the case of clauses (i) and (ii), to the absence of footnotes and to normal year-end audit adjustments. (c) Since the date of the Audited Financial Statements, there has been no event or circumstance, either individually or in the aggregate, that has had or could reasonably be expected to have a Material Adverse Effect. (d) To the best knowledge of Borrower, no Internal Control Event exists or has occurred since the date of the Audited Financial Statements that has resulted in or could reasonably be expected to result in a misstatement in any material respect, in any financial information delivered or to be delivered to Agent or Lenders, of (i) covenant compliance calculations provided hereunder or (ii) the assets, liabilities, financial condition or results of operations of Borrower and its Subsidiaries on a consolidated basis. (e) The forecasted balance sheet and statements of income and cash flows of Borrower and its Consolidated Subsidiaries delivered pursuant to Section 6.01(c) were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, Borrower’s best estimate of its future financial condition and performance.

  • Litigation; Adverse Effects (a) To the best of Borrower’s knowledge, there is no Proceeding, pending or threatened, against Borrower or any property of Borrower (including the Property), which, if adversely determined, would result in a Material Adverse Effect. (b) Except as disclosed on Schedule 5.11 hereto, Borrower is not (i) in violation of any applicable law, which violation has a Material Adverse Effect, or (ii) subject to or in default with respect to any Court Order which has a Material Adverse Effect.

  • Determination of Adverse Consequences The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this §8. All indemnification payments under this §8 shall be deemed adjustments to the Purchase Price.

  • Notice of Adverse Claims Except for the claims and interests of the Secured Party and the Lien Grantor in the Securities, the Issuer does not know of any claim to, or interest in, the Securities. If any person asserts any lien, encumbrance or adverse claim (including any writ, garnishment, judgment, attachment, execution or similar process) against the Securities, the Issuer will promptly notify the Secured Party and the Lien Grantor thereof.

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