ASSESSMENT OF ADVERSE EFFECTS Sample Clauses

ASSESSMENT OF ADVERSE EFFECTS. A. If historic properties are identified within an undertaking, the Authority shall assess adverse effects in accordance with 36 CFR 800.5 and distribute a Findings of Effect report (FOE) to the FRA for review, for each undertaking where historic properties were identified within the APE. The FOE shall describe the assessment of potential adverse effects to historic properties that would result from the construction or operation of the project, and identify mitigation measures that would eliminate or minimize effects to be incorporated into the design and construction documents of the undertaking. Following the FRA review and concurrence, the Authority shall distribute the FOEs to the signatories, and other consulting parties, including Native American tribes, identified as a result of Stipulations IV.C and V.B, who shall have a 30-day review and comment period. The Authority shall ensure that comments are considered prior to finalizing the FOE(s) for submission to the SHPO for final review and concurrence. The SHPO shall have an additional 30 days for review and concurrence with the final FOE(s). B. FRA will notify and invite the Secretary of the Interior (represented by the National Park Service regional office’s program coordinator) when any project section may adversely affect a National Historic Landmark (NHL) pursuant to 36 CFR 800.10 and Section 110(f) of the NHPA. C. Consistent with 36 C.F.R. § 800.5(b) and (d)(1), the FRA may determine that there is no adverse effect on historic properties within the APE for an undertaking when the effects of the undertaking would not meet the Criteria of Adverse Effect at 36 CFR 800.5(a)(1), the undertaking is modified to avoid adverse effects, or if conditions agreed upon by SHPO are imposed, such as subsequent review of plans for rehabilitation by the SHPO/THPO to ensure consistency with the Secretary’s Standards for the Treatment of Historic Properties (36 CFR Part 68) and applicable guidelines, to avoid adverse effects. Any conditions would be included in the XXXX or Final EIS (FEIS).
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ASSESSMENT OF ADVERSE EFFECTS. A. SHPOs, as well as their sub-grantees or contractors, are expressly prohibited from knowingly using ESHPF funds to cause adverse effects as noted in their individual grant agreements (see Stipulation I), without the prior approval of NPS based on an analysis of alternatives. B. Under no circumstances can the SHPO use ESHPF funds to mitigate adverse effects related to a previously ESHPF funded undertaking. C. The NPS will consider expenditures on projects that meet the criteria of adverse effects when no feasible alternative for preservation exists, or there is an imminent threat to the resource. D. Should an adverse effect be unavoidable, the SHPO and NPS will develop a MOA in accordance with § 800.6, or § 800.10 if the property is a National Historic Landmark. E. SHPO must provide notice of the adverse effect to NPS and the ACHP with accompanying documentation as required by § 800.11. ACHP will review under Appendix A to Part 800 – Criteria for Council involvement in reviewing individual Section 106 cases.
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ASSESSMENT OF ADVERSE EFFECTS. The USACE shall evaluate the effect of the Undertaking on each identified historic property in the APE, if present, in accordance with 36 CFR § 800.5(a)(1).
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ASSESSMENT OF ADVERSE EFFECTS. This step requires the agency to determine whether the proposed federal undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualifies the property for inclusion in the National Register in a manner that would diminish the integrity of the property's location, design, setting, materials, workmanship, feeling, or association. This decision must be made in consultation with the SHPO/THPO and other consulting parties. If everyone agrees that there will be not adverse effects on the historic properties, then that is documented and the project proceeds. If a potential adverse effect is identified, the agency official must consult further to resolve the adverse effect under step 4.
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ASSESSMENT OF ADVERSE EFFECTS. A. TBC and FHWA, in coordination with the appropriate federal and state agencies including SHPO, shall make every reasonable effort to avoid or minimize adverse effect to historic properties when developing this Project. B. TBC will assess effects consistent with 36 CFR 800.5, and submit a draft Findings of Effect report (FOE) to MDOT SHA who will in turn submit it to FHWA for review and approval. The draft FOE will assess the potential adverse effects to historic properties that would result from the Project, and identify avoidance, and minimization, measures that would eliminate or minimize effects and that can be implemented during design and construction of the Project. To support approval of the FOE, FHWA can impose conditions, such as subsequent review of plans for rehabilitation by the relevant SHPO to ensure consistency with the Secretary’s Standards for the Treatment of Historic Properties (36 CFR Part 68) and applicable guidelines, to avoid adverse effects. C. After review and approval, FHWA will submit the FOE to the Signatories, consulting parties, Tribes, and the public for review and comment. Any comments on the FOE must be made to FHWA in writing within 30 calendar days. D. Where FHWA proposes a finding of “No Adverse Effect” with conditions, it shall include in its submittal to the SHPO, other signatories and consulting parties those condition that would avoid adverse effects to historic properties. The SHPO, the other signatories, Tribes, and consulting parties shall have thirty (30) calendar days to review the finding and proposed conditions. Any comments on the FOE must be made to FHWA in writing or email. 1. Upon the SHPO’s concurrence and the other Signatories and consulting parties do not disagree with this finding and the proposed conditions, then no further consultation is required for this Project. FHWA will notify all the Signatories and the consulting parties of the SHPO’s concurrence and the conclusion of the Section 106 consultation. 2. In the case if a Signatory or consulting party disagrees with the finding made within the 30-day review period, the FHWA shall notify the Signatories and the consulting parties. FHWA, the Signatories, and the consulting parties shall consult to seek ways to resolve the objection. If the FHWA determines that the objection cannot be resolved, the FHWA shall follow the procedures in the Dispute Resolution clause of this Agreement (Stipulation XIV). E. Where FHWA cannot avoid adverse effects to hist...
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ASSESSMENT OF ADVERSE EFFECTS. A. Archaeological Resources 1. For archaeological sites identified by Stipulation I.D.8 and determined to meet NRHP eligibility criteria, the CRM will apply the criteria of adverse effects (36 CFR 800.5. a.1) to the identified archaeological site. The results of the application of the criteria of adverse effects will be summarized for review by the NJHPO. 2. NJDEP will ensure that avoidance of adverse effects to any previously identified historic properties is the preferred alternative and will utilize all practicable measures to avoid, minimize or mitigate adverse effects. DRAFT 3. If avoidance of identified archaeological resources is not possible and an adverse effect will result, the NJDEP will follow Stipulation III.A. 4. The CRM, on behalf of NJDEP, will inform the NJHPO of the application of the criteria of adverse effect for the identified archaeological site. NJHPO will be afforded a 15 business day review of the findings to offer comments. 5. If the Undertaking will have an adverse effect on the NRHP eligible archaeological site, the NJDEP, on behalf of NJDCA, and in consultation with the other PA Signatories, shall develop appropriate treatment plans for historic properties adversely affected by the Undertaking. Unless the PA Signatories object within 15 business days of receipt of any plan, NJDCA shall ensure that treatment plans are implemented by NJDEP or its representative(s). NJDEP, on behalf of NJDCA, shall revise Plans to address comment and recommendations provided by the signatories. B. Above Ground Historic Buildings or Districts 1. Following the review of design specifications in Stipulation I.F, historic properties identified in Exhibit B & C or by Stipulation I.E.4 and determined to meet NRHP eligibility criteria will be evaluated for project adverse effects by applying the criteria of adverse effects (36 CFR 800.5. a.1) to the identified historic property. The results of the application of the criteria of adverse effects will be summarized for review by the NJHPO. 2. NJDEP will ensure that avoidance of adverse effects to any previously identified historic properties is the preferred alternative and will utilize all practicable measures to avoid, minimize or mitigate adverse effects. 3. If avoidance of identified historic properties is not possible and an adverse effect will result, the NJDEP will follow Stipulation III.B. 4. The CRM on behalf of NJDEP will inform the NJHPO of the application of the criteria of adverse effect for th...
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ASSESSMENT OF ADVERSE EFFECTS 
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Related to ASSESSMENT OF ADVERSE EFFECTS

  • 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.

  • 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.

  • 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 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.

  • No Adverse Effect The acquisition by the Trust of the Receivables arising in the Additional Accounts shall not, in the reasonable belief of the Transferor, result in an Adverse Effect;

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

  • Notice of Default, Litigation and Material Adverse Effect Promptly, and in any event within three Business Days after any officer of Holdings or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would reasonably be expected to have, a Material Adverse Effect.

  • 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.

  • Financial Statements; No Material Adverse Effect (a) 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 the 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 the Borrower and its Consolidated Subsidiaries as of the date thereof, including liabilities for taxes, material commitments and Indebtedness. (b) The unaudited consolidated balance sheet of the Borrower and its Subsidiaries dated March 31, 2018, 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 the Borrower and its 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; provided that, any determination of the existence of a Material Adverse Effect (solely, for purposes of any determination under clause (a) of the definition of Material Adverse Effect under this Section 5.05(c)) made with respect to any portion of the period commencing on the Second Amendment Effective Date through June 30, 2021, shall exclude any event or circumstance resulting from the COVID-19 pandemic to the extent such event or circumstance has been publicly disclosed by the Borrower in its securities filings or disclosed in writing by the Borrower to the Administrative Agent and the Lenders prior to the Second Amendment Effective Date, and the scope of such adverse effect is no greater than that which has been disclosed. (d) The consolidated forecasted balance sheet and statements of income and cash flows of the Borrower and its 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, the Borrower’s best estimate of its future financial condition and performance. (e) Schedule 5.05 sets forth all material indebtedness and other liabilities, direct or contingent, of the Borrower and its Subsidiaries not included in such financial statements, including liabilities for taxes, material commitments and Indebtedness.

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