ASSURANCES AND CAVEATS Sample Clauses

ASSURANCES AND CAVEATS. Because the Water Forum Agreement is a comprehensive set of linked elements, it is absolutely essential that adequate assurances be secured for every element. In an agreement that will extend over three decades, the timing of these assurances is critical. Full implementation of all seven elements cannot occur simultaneously. Therefore all signatories agree with the provisions in the Assurances and Caveats Section of this Water Forum Agreement. Two particularly important assurances are the updated Lower American River Flow Standard and Upstream American River Diversion Agreements. All signatories agree they will recommend to the State Water Resources Control Board an updated American River flow standard and updated Declaration of Full Appropriation to protect the fishery, wildlife, recreational and aesthetic values of the Lower American River. The recommendation will include requirements for U.S. Bureau of Reclamation releases to the Lower American River. In addition, the City of Sacramento’s Xxxxxxxxx diversion will be required to comply with the diversion limitations of the City’s Purveyor Specific Agreement. The Water Forum Agreement also includes agreed upon dry year reductions by purveyors upstream of Nimbus Dam. The recommendation for an updated Lower American River standard will be consistent with: Water Forum Agreement provisions on water diversions including dry year diversions, and Implementation of the Improved Pattern of Fishery Flow Releases which optimizes the release of water for the fisheries. The recommendation will also address related issues such as principles to guide water management in the driest years, flexibility in the standard to allow adaptive management, and amending the existing “Declaration of Full Appropriation for the American River.” Purveyors signatory to the Water Forum Agreement who divert from upstream of Nimbus Dam agree they will enter into contract with the Bureau that will provide assurances that the upstream diverters will divert only the agreed upon amounts, which include provisions for reductions in dry year and/or other equivalent measures. In order to have a durable agreement it is necessary to include the following caveats. These are statements describing actions or conditions that must exist for the Agreement to be operative.
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ASSURANCES AND CAVEATS. Assurances The Water Forum Agreement will allow the region to meet its needs in a balanced way through implementation of all seven elements of the Agreement: Increased Surface Water Diversions; Actions to Meet Customers’ Needs While Reducing Diversion Impacts in Drier Years; Support for Improved Pattern of Fishery Flow Releases; Lower American River Habitat Management; Water Conservation; Groundwater Management; and Water Forum Successor Effort. Each signatory needs to be assured that as it fulfills its responsibilities under the Agreement, the other signatories will be also honoring their commitments. Adequate assurances allow each signatory to expend the energy and resources necessary for it to uphold its part of the Agreement with confidence that other signatories will be doing likewise. For instance for environmentalists to support suppliers’ increased water diversions, they need assurances that suppliers will support all seven elements of the Water Forum Agreement over the entire term of the Agreement. This will provide them assurances that agreed upon actions to preserve the Lower American River will be continued even after new water diversions are constructed. Conversely for water suppliers to participate in all seven elements of the Agreement, including those which will preserve the Lower American River, they will need to have assurances that they will be able to develop the increased diversions and facilities over the term of the Agreement. The Water Forum Agreement is based on the following nine assurances:
Sample 1
ASSURANCES AND CAVEATS. Each Purveyor Specific Agreement includes the common Assurances and Caveats and are listed in Chapter 5, Section I in this edition of the Water Forum Agreement. [These Assurances and Caveats were repeated in each Purveyor Specific Agreement in the previous edition.]
Sample 1

Related to ASSURANCES AND CAVEATS

  • Further Assurances and Corrective Instruments Issuer and Company agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for carrying out the intention of or facilitating the performance of this Agreement.

  • Warranty Affirmations Assurances and Certifications 3.01 Federal Assurances Performing Agency further certifies that, to the extent Federal Assurances are incorporated into the Contract under the Signature Document, the Federal Assurances have been reviewed and that Performing Agency is in compliance with each of the requirements reflected therein.

  • ASSURANCES The Original Registration Statement, as amended, (and any further documents to be filed with the Commission) contains all exhibits and schedules as required by the Securities Act. Each of the Registration Statement and any post-effective amendment thereto, at the time it became effective, complied in all material respects with the Securities Act and the applicable Rules and Regulations and did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. The Base Prospectus, and the Final Prospectus, each as of its respective date, comply or will comply in all material respects with the Securities Act and the applicable Rules and Regulations. Each of the Base Prospectus and the Final Prospectus, as amended or supplemented, did not and will not contain as of the date thereof any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. The Incorporated Documents, when they were filed with the Commission, conformed in all material respects to the requirements of the Exchange Act and the applicable Rules and Regulations promulgated thereunder, and none of such documents, when they were filed with the Commission, contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein (with respect to Incorporated Documents incorporated by reference in the Base Prospectus or Final Prospectus), in light of the circumstances under which they were made not misleading. No post-effective amendment to the Registration Statement reflecting any facts or events arising after the date thereof which represent, individually or in the aggregate, a fundamental change in the information set forth therein is required to be filed with the Commission. Except for this Agreement, there are no documents required to be filed with the Commission in connection with the transaction contemplated hereby that (x) have not been filed as required pursuant to the Securities Act or (y) will not be filed within the requisite time period. Except for this Agreement, there are no contracts or other documents required to be described in the Base Prospectus or Final Prospectus, or to be filed as exhibits or schedules to the Registration Statement, which have not been described or filed as required.

  • AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 11 5.1 General Affirmations 11 5.2 Federal Assurances 11 5.3 Federal Certifications 11

  • WARRANTY, AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 12 5.1 WARRANTY 12 5.2 General Affirmations 13 5.3 Federal Assurances 13 5.4 Federal Certifications 13 5.5 State Assurances 13 ARTICLE VI. INTELLECTUAL PROPERTY 13 6.1 Ownership of Work Product 13 6.2 Grantee s Pre-Existing Works 14 6.3 THIRD PARTY IP 14 6.4 Agreements with Employees and Subcontractors 14 6.5 Delivery upon Termination or Expiration 15 6.6 SURVIVAL 15 6.7 System Agency Data 15 ARTICLE VII. PROPERTY 15

  • Assurance In the event of a bankruptcy proceeding, Bank and Company do not consent to assumption of this Agreement. Nevertheless, in the event of a bankruptcy proceeding and the determination by the court that this Agreement is assumable under the Bankruptcy Code (11 U.S.C. § 365), as amended from time to time, Merchant must establish or maintain a Reserve Account in an amount satisfactory to Bank. Assumption will be made under terms and conditions that are acceptable to Bank and Company and comply with applicable Laws governing such assumption.

  • SECURITY POLICIES AND NOTIFICATIONS State Security Policies and Procedures The Contractor and its personnel shall review and be familiar with all State security policies, procedures and directives currently existing or implemented during the term of the Contract, including ITS Policy NYS-P03-002 Information Security Policy (or successor policy). Security Incidents Contractor shall address any Security Incidents in the manner prescribed in ITS Policy NYS-P03-002 Information Security Policy (or successor policy), including the New York State Cyber Incident Reporting Procedures incorporated therein or in such successor policy.

  • Export Law Assurances You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that this Software may only be exported or re-exported in accordance with U.S. Government Export Administration Regulations. Without authorization from the U.S. Government, You may not export or re-export the Software (i) to any prohibited country, person, entity, or end-user as specified by U.S. export controls or (ii) for use in the design, development or production of nuclear, chemical, or biological weapons, or missile technology, or any other prohibited use. You warrant and represent that neither the Bureau of Export Administration of the U.S. Commerce Department not any other U.S. Government entity or agency has suspended, revoked or denied, in whole or in part, Your export privileges. For current information on U.S. export requirements and restrictions visit xxx.xxx.xxx.xxx/.

  • General Assurances The parties agree to execute, acknowledge, and ------------------ deliver all such further instruments, and do all such other acts, as may be necessary or appropriate in order to carry out the intent and purposes of this Agreement.

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