Application of USAID Environmental Regulations Sample Clauses

Application of USAID Environmental Regulations. Pursuant to 22 CFR 216, analyses of environmental impact are required with respect to all new projects, programs, or activities authorized or approved by USAID (see ADS 204, Environmental Procedures and 22 CFR 216). Any environmental conditions proposed in a Bilateral Donor grant agreement to ensure adequate environmental review of the proposed activity should reflect due regard for both the independence and sovereignty of the Bilateral Donor. Therefore, in making cost-type grants to Bilateral Donors for activities that are not exempt or categorically excluded from environmental analysis under 22 CFR 216.2, USAID should, considering the purpose and intent of the regulatory requirements under 22 CFR 216: • Endeavor to rely upon the Bilateral Donor’s application of its own environmental policies to such activities, • Explain the rationale for such reliance in the relevant pre-grant memorandum or Project Appraisal Document, and • Include appropriate language in the grant agreement. Note also that, pursuant to 22 CFR 216.9, the Administrator may approve, as a substitute for the Environmental Assessment (but not as a substitute for an Environmental Impact Statement) under 22 CFR 216.3, the use of either: (i) Bilateral or multilateral environmental studies, relevant or related to the proposed action, prepared by the United States and one or more foreign countries or by an international body or organization in which the United States is a member or participant; or (ii) Concise reviews of the environmental issues involved including summary environmental analyses or other appropriate documents; provided, however, that specific environmental requirements under 22 CFR 216 (e.g., requirements with respect to the procurement of pesticides) must still be complied with notwithstanding the use of an authorized Environmental Assessment substitute.
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Application of USAID Environmental Regulations. Pursuant to 22 CFR 216, analyses of environmental impact are required with respect to all new projects, programs, or activities authorized or approved by USAID (see ADS 204, Environmental Procedures and 22 CFR 216). For the reasons outlined in 308.3.9.3, however, general contributions and RDOAGs will normally be categorically excluded from environmental analysis under 22 CFR 216.2(c)(2)(vi). For the reasons outlined in 308. 3.9.2(1) project contributions are normally categorically excluded except, prior to execution of the project contribution, the discrete activities of the agreement which have already been identified which may warrant environmental analysis. In executing cost-type agreements, fixed amount agreements, and simplified agreements to a PIO, USAID should strive to rely upon the PIO’s application of its own environmental and social policies for the proposed activity. To determine that adequate environmental and social safeguards are in place, the Organizational Capacity Review drafter must coordinate with the Mission Environmental Officer (MEO) or Regional Environmental Advisors (REAs) for Mission-executed agreements or the Agency Environmental Coordinator or the Bureau Environmental Officer (BEO) for USAID/W-executed agreements, who will review the PIO’s environmental and social policies and procedures. If the OCR determines that the PIO’s environmental and social safeguards policies and procedures are adequate, USAID will defer to the PIO to effectively implement them and OUs will incorporate this information into the appropriate 22 CFR 216 documentation for agreements. If the OCR raises concerns regarding the adequacy of environmental and/or social safeguards, the AO will work with the AOR and MEO, REA or BEO to include special provisions in the agreement to mitigate concerns relating to the PIO’s environmental and social safeguards policy and procedure deficiencies. Subsequent monitoring by USAID will ensure adequate implementation of conditions and mitigation measures.
Sample 1Sample 2Sample 3
Application of USAID Environmental Regulations. Pursuant to 22 CFR 216, analyses of environmental impact are required with respect to all new projects, programs, or activities authorized or approved by USAID (see ADS 204, Environmental Procedures and 22 CFR 216). For the reasons outlined in 308.3.9.3, however, general contributions and RDOAGs will normally be categorically excluded from environmental analysis under 22 CFR 216.2(c)(2)(vi). For the reasons outlined in 308. 3.9.2(1) project contributions are normally categorically excluded except, prior to execution of the project contribution, the discrete activities of the agreement which have already been identified which may warrant environmental analysis. In executing cost-type agreements, fixed amount agreements, and simplified agreement to a PIO for activities that are not exempt or categorically excluded from environmental analysis under 22 CFR 216.2, USAID should strive to rely upon the PIO’s application of its own environmental policies for the proposed activity. To conclude that there are adequate environmental safeguards in place, the drafter of the Organizational Capacity Review, in consultation with the Mission Environmental Officer (MEO) or Regional Environmental Advisors (REA) for Mission executed agreements or the Agency Environmental Coordinator or the Bureau Environmental Officer (BEO) for USAID/W executed agreements, must review the PIO’s environmental policies and procedures as part of the Organizational Capacity Review. If the review raises concerns regarding the adequacy of environmental safeguards, the AO must include special provisions in the agreement that would address or mitigate any concerns relating to the PIO’s environmental policies and procedures.
Sample 1Sample 2Sample 3
Application of USAID Environmental Regulations. Pursuant to 22 CFR 216, analyses of environmental impact are required with respect to all new projects, programs, or activities authorized or approved by USAID (see ADS 204, Environmental Procedures and 22 CFR 216). For the reasons outlined in 308.3.9.3, however, general contributions and RDOAGs will normally be categorically excluded from environmental analysis under 22 CFR 216.2(c)(2)(vi). For the reasons outlined in 308. 3.9.2(1) project contributions are normally categorically excluded except, prior to execution of the project contribution, the discrete activities of the agreement which have already been identified which may warrant environmental analysis.‌‌‌‌‌‌‌‌
Sample 1

Related to Application of USAID Environmental Regulations

  • COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS The Contractor, it’s Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s obligations under this paragraph.

  • Environmental Regulations The Contractor shall conduct activities in compliance with applicable laws and regulations and other requirements of the Contract relating to the environment and its protection at all times. Unless otherwise specifically determined, the Owner is responsible for obtaining and maintaining permits related to stormwater run-off. The Contractor shall conduct operations consistent with stormwater run-off permit conditions. Contractor is responsible for all items it brings to the Site, including hazardous materials, and all such items brought to the Site by its Subcontractors and suppliers, or by other entities subject to direction of the Contractor. The Contractor shall not incorporate hazardous materials into the Work without prior approval of Owner, and shall provide an affidavit attesting to such in association with the request for the Substantial Completion Inspection.

  • Compliance with Environmental Laws; Environmental Reports (a) Comply and use commercially reasonable efforts to cause all lessees and other persons occupying Real Property owned or operated by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and property and obtain and renew all material Environmental Permits applicable to its operations and property and conduct any Response in accordance with Environmental Laws; provided, however, that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP. (b) If a Default caused by reason of a breach of Section 3.17 or Section 5.09(a) shall have occurred and be continuing for more than 20 Business Days without the Companies commencing activities reasonably likely to cure such Default, at the written request of the Required Lenders through the Administrative Agent, provide to the Lenders within 45 days after such request, at the expense of Borrower, an environmental site assessment report regarding the matters which are the subject of such default, including where appropriate, any soil and/or groundwater sampling, prepared by an environmental consulting firm and in form and substance reasonably acceptable to the Administrative Agent and indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance or Response to address them in connection with such Default.

  • Compliance with Governmental Regulations Landlord and Tenant shall comply with all rules, regulations and requirements promulgated by national, state or local governmental agencies or utility suppliers concerning the use of utility services, including any rationing, limitation or other control. Tenant shall not be entitled to terminate this Lease nor to any abatement in rent by reason of such compliance.

  • Compliance with Environmental Laws Except as otherwise described in the Prospectus, and except as would not, individually or in the aggregate, result in a Material Adverse Change (i) neither the Company nor any of its subsidiaries is in violation of any federal, state, local or foreign law or regulation relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata) or wildlife, including without limitation, laws and regulations relating to emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum and petroleum products (collectively, “Materials of Environmental Concern”), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (collectively, “Environmental Laws”), which violation includes, but is not limited to, noncompliance with any permits or other governmental authorizations required for the operation of the business of the Company or its subsidiaries under applicable Environmental Laws, or noncompliance with the terms and conditions thereof, nor has the Company or any of its subsidiaries received any written communication, whether from a governmental authority, citizens group, employee or otherwise, that alleges that the Company or any of its subsidiaries is in violation of any Environmental Law; (ii) there is no claim, action or cause of action filed with a court or governmental authority, no investigation with respect to which the Company has received written notice, and no written notice by any person or entity alleging potential liability for investigatory costs, cleanup costs, governmental responses costs, natural resources damages, property damages, personal injuries, attorneys’ fees or penalties arising out of, based on or resulting from the presence, or release into the environment, of any Material of Environmental Concern at any location owned, leased or operated by the Company or any of its subsidiaries, now or in the past (collectively, “Environmental Claims”), pending or, to the Company’s knowledge, threatened against the Company or any of its subsidiaries or any person or entity whose liability for any Environmental Claim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law; and (iii) to the best of the Company’s knowledge, there are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge, presence or disposal of any Material of Environmental Concern, that reasonably could result in a violation of any Environmental Law or form the basis of a potential Environmental Claim against the Company or any of its subsidiaries or against any person or entity whose liability for any Environmental Claim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law.

  • Other Governmental Regulations To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

  • Compliance with Environmental Law To the knowledge of the Company, the Adviser and the Administrator, the Company, its subsidiaries and each controlled Portfolio Company (i) are in compliance with any and all applicable foreign, federal, state and local laws and regulations relating to the protection of human health and safety, the environment or hazardous or toxic substances or wastes, pollutants or contaminants (“Environmental Laws”); (ii) have received all permits, licenses or other approvals required of them under applicable Environmental Laws to conduct their respective businesses; and (iii) are in compliance with all terms and conditions of any such permit, license or approval, except where such noncompliance with Environmental Laws, failure to receive required permits, licenses or other approvals or failure to comply with the terms and conditions of such permits, licenses or approvals would not, individually or in the aggregate, have a Material Adverse Effect.

  • Compliance with Environmental Requirements 50.1 The Contractor shall provide the goods and/or Services required under the Contract in accordance with applicable laws and the Authority’s environmental policy, which is to conserve energy, water and other resources, reduce waste and phase out the use of ozone depleting substances and minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment. 50.2 The Authority is committed to promoting a low carbon, high growth, global economy. The Contractor shall work with the Authority regarding any environmental or sustainability issues as the Authority considers relevant, comply with contractual obligations and carry out any reasonable request to ensure the protection of the environment, society and the economy and promotion of sustainable development and sustainable procurement throughout the Contract Period. 50.3 All written outputs, including reports, produced in connection with the Contract shall (unless otherwise specified) be produced on recycled paper containing at least 80% post consumer waste and used on both sides where appropriate. 50.4 Nothing in this Condition 50 shall relieve the obligations of the Contractor to comply with its statutory duties and Good Industry Practice.

  • O.S.H.A. and Environmental Compliance (a) Except as could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, each Borrower has duly complied with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act, the Environmental Protection Act, RCRA and all other Environmental Laws; there have been no outstanding citations, notices or orders of non-compliance issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations. (b) Except as could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, each Borrower has been issued all required federal, state and local licenses, certificates or permits relating to all applicable Environmental Laws. (i) There are no visible signs of material releases, spills, discharges, leaks or disposal (collectively referred to as “Releases”) of Hazardous Substances at, upon, under or within any Real Property including any premises leased by any Borrower; (ii) to the best knowledge of Borrowers, there are no underground storage tanks or polychlorinated biphenyls on the Real Property including any premises leased by any Borrower, (iii) to the best knowledge of Borrowers, the Real Property including any premises leased by any Borrower has never been used as a treatment, storage or disposal facility of Hazardous Waste; and (iv) to the best knowledge of Borrowers, no Hazardous Substances are present on the Real Property including any premises leased by any Borrower, excepting such quantities as are handled in accordance with all applicable manufacturer’s instructions and governmental regulations and in proper storage containers and as are necessary for the operation of the commercial business of any Borrower or of its tenants.

  • Governmental Regulations, Etc (a) No part of the proceeds of the Loans will be used, directly or indirectly, for the purpose of purchasing or carrying any “margin stock” in violation of Regulation U. If requested by any Lender or the Administrative Agent, the Borrower will furnish to the Administrative Agent and each Lender a statement to the foregoing effect in conformity with the requirements of FR Form U-1 referred to in said Regulation U. No indebtedness being reduced or retired out of the proceeds of the Loans was or will be incurred for the purpose of purchasing or carrying any margin stock within the meaning and in violation of Regulation U or any “margin security” within the meaning and in violation of Regulation T. “Margin stock” within the meanings of Regulation U does not constitute more than 25% of the value of the consolidated assets of the Borrower and its Subsidiaries. None of the transactions contemplated by this Credit Agreement (including, without limitation, the direct or indirect use of the proceeds of the Loans) will violate or result in a violation of the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, or regulations issued pursuant thereto, or Regulation T, U or X. (b) Neither the Borrower nor any of its Subsidiaries is subject to regulation under the Federal Power Act or the Investment Company Act of 1940, each as amended. In addition, neither the Borrower nor any of its Subsidiaries is an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended, and is not controlled by such a company. (c) Each of the Borrower and its Subsidiaries has obtained all licenses, permits, franchises or other governmental authorizations necessary to the ownership of its respective Property and to the conduct of its business, except where such failure could not reasonably be expected to have a Material Adverse Effect. (d) Neither the Borrower nor any of its Subsidiaries is in violation of any applicable statute, regulation or ordinance of the United States of America, or of any state, city, town, municipality, county or any other jurisdiction, or of any agency thereof (including without limitation, environmental laws and regulations), except where such violation could not reasonably be expected to have a Material Adverse Effect. (e) Each of the Borrower and its Subsidiaries is current with all material reports and documents, if any, required to be filed with any state or federal securities commission or similar agency and is in full compliance in all material respects with all applicable rules and regulations of such commissions, except where such failure could not reasonably be expected to have a Material Adverse Effect.

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