Availability of the Fund Sample Clauses

Availability of the Fund. The Parties agree that the funds within the Supplemental Adaptive Management Fund shall be made available pursuant to the process and criteria set out in the Plan and this Section to support adaptive management changes to any of the Conservation Measures. Prior to any such use of the Supplemental Adaptive Management Fund, the parties shall determine whether sufficient resources to support an adaptive change are available from any of the sources identified in Section 9.3.3.2, subject to the limitations associated with each. If a determination is made that adequate funds are not available through these sources, the Supplemental Adaptive Management Fund may be used at any time, provided the following actions have occurred or determination shave been made beforehand.  A 5-year periodic review has determined that one or more of the biological objectives are unlikely to be achieved through the implementation of the existing Conservation Measures.  The biological objectives have been assessed to determine their likely achievability through the implementation of the Plan and, adjustments were made on the basis of new circumstances and scientific information.  A lack of progress toward achieving one or more biological objectives is related to or caused by the Covered Activities or Conservation Measures.  Adjustments to one or more Conservation Measures (e.g., more flow, changes in habitat restoration targets or locations) are likely to address the problem.  To the extent appropriate, existing assets have been reallocated to support adequate changes to Conservation Measures (Chapter 3.4.23.3, Redirected Funding to the Most Effective Conservation Measures).  Measures that do not adversely affect water supply, if any, have been implemented. If the consideration of the foregoing factors confirms the need to use the fund, the Implementation Office, pursuant to the direction provided through the adaptive management process, would initiate actions to deploy the money available through the Supplemental Adaptive Management Fund to provide the additional resources necessary to implement the adaptive management change. The parties anticipate that such funds could be used to acquire water to supplement flows, undertake additional natural community restoration, or implement a range of other actions. In the event that additional outflow was determined to be necessary, supplemental water may be acquired from voluntary sellers. In the event that additional natural community ...
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Related to Availability of the Fund

  • Availability of Funds Unless Administrative Agent shall have been notified by any Lender prior to the applicable Credit Date that such Lender does not intend to make available to Administrative Agent the amount of such Lender’s Loan requested on such Credit Date, Administrative Agent may assume that such Lender has made such amount available to Administrative Agent on such Credit Date and Administrative Agent may, in its sole discretion, but shall not be obligated to, make available to Borrower a corresponding amount on such Credit Date. If such corresponding amount is not in fact made available to Administrative Agent by such Lender, Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three Business Days and thereafter at the Base Rate. If such Lender does not pay such corresponding amount forthwith upon Administrative Agent’s demand therefor, Administrative Agent shall promptly notify Borrower and Borrower shall immediately pay such corresponding amount to Administrative Agent together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the rate payable hereunder for Base Rate Loans for such Class of Loans. Nothing in this Section 2.5(b) shall be deemed to relieve any Lender from its obligation to fulfill its Term Loan Commitments and Revolving Commitments hereunder or to prejudice any rights that Borrower may have against any Lender as a result of any default by such Lender hereunder.

  • Non-Availability of Funds Every payment obligation of the State under this Charter is conditioned upon the availability of funds continuing to be appropriated or allocated for the payment of such obligations. If funds are not allocated and available for the continuance of this Charter, the Commission may terminate this Charter at the end of the period for which funds are available. No liability shall accrue to the Commission, nor the State, or any of its subdivisions, departments or divisions, in the event this provision is exercised, and neither the Commission nor the State shall be obligated or liable for any future payments or for any damages as a result of termination under this paragraph.

  • Availability of Services CBT agrees not to discontinue or refuse to provide any service provided or required hereunder other than in accordance with the terms of this Agreement, or unless required by the Commission.

  • Availability of Service We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet, cellular or other communications availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance of that fact. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.

  • Availability of Funding This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited by the receipt and availability of funds which are received from the Participating Entities by NCTCOG dedicated for the purposes of this Agreement.

  • Fund Availability Financial obligations of the University payable after the current Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.

  • AVAILABILITY OF AGREEMENT The employer must ensure that copies of this Agreement and the NES are available to all employees to whom they apply, such as on a notice board which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible. PART 2 - ENGAGEMENT

  • Availability of Records Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town.

  • Termination for Unavailability of Funds In the event of reduction, suspension, discontinuance or other unavailability of funds, CITY unilaterally may take appropriate action(s) including, but not limited to, immediately canceling or reducing existing service authorization, stopping or reducing further referrals of individuals, and/or reducing the maximum dollar amount of this AGREEMENT. CITY shall give GRANTEE no less than sixty (60) business days’ advance written notice of the action(s) CITY intends to take as a result of the unavailability of funds. CITY shall not be liable for start-up costs, or lost profits in the event of early termination.

  • High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-­‐level redundancy, end-­‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.

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