Common use of Avoidance Clause in Contracts

Avoidance. 1) Avoid non-emergency operations, construction and maintenance activities, where humans are present, during lekking, nesting, and brooding season (Mar 1–Jul 15) within 1.25 mi of leks recorded active within the previous 5 years. (Discretionary, see Section XII(C)(2)(a)) Emergency operations that are meant to address direct human or environmental safety concerns or emergency operations that relate directly to operational continuity are allowed. Such emergency operations may include, but are not limited to, spill response and cleanup, response to well control incidents (i.e., incidents related to down hole pressures during drilling, completion, recompletion, or production operations), equipment repairs, flow line/pipeline repairs, unloading of one or more tanks to prevent the tank(s) from overflowing, security-related activities (e.g., activities to prevent theft and vandalism), well problems requiring a workover to make a well productive again), regulatory requirements, and unplanned construction and maintenance activities. Participants must also record the dates, duration and purpose of any emergency operations, construction and maintenance activities that occurred between March 1 and July 15 within 1.25 miles of leks recorded as active within the previous 5 years and must provide that documentation with their annual reporting. (Required) 2) Seismic surveys and similar activities that require extensive off road travel shall not be conducted in rangeland or planted grass cover during the lekking nesting and brooding season (Mar 1–Jul 15) within 1.25 mi of leks recorded active within the previous five years and lek surveys shall be required in CHAT categories 1-3 prior to any breeding season Seismic surveys. (Required subject to exception in Section XII(C)(2)(c)).

Appears in 2 contracts

Samples: Conservation Agreement, Conservation Agreement

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Avoidance. 1a) Avoid non-emergency operations, construction and maintenance activities, where humans are present, during lekking, nesting, and brooding season (Mar March 1–Jul July 15) within 1.25 mi of leks recorded active within the previous 5 years. (Discretionary, see Section XII(C)(2)(a)Required) Emergency operations that are meant to address direct human or environmental safety concerns or emergency operations that relate directly to operational continuity are allowed. Such emergency operations may include, but are not limited to, spill response and cleanup, response to well control incidents (i.e., incidents related to down hole pressures during drilling, completion, recompletion, or production operations), equipment repairs, flow line/pipeline repairs, unloading of one or more tanks to prevent the tank(s) from overflowing, security-related activities (e.g., activities to prevent theft and vandalism), well problems requiring a workover to Number make a well productive again), regulatory requirements, and unplanned construction and maintenance activities. Participants must also record the dates, duration and purpose of any emergency operations, construction and maintenance activities that occurred between March 1 and July 15 within 1.25 miles of leks recorded as active within the previous 5 years and must provide that documentation with their annual reporting. (Required) 2b) Seismic surveys and similar activities that require extensive off road travel shall not be conducted in rangeland or planted grass cover during the lekking nesting and brooding season (Mar March 1–Jul July 15) within 1.25 mi of leks recorded active within the previous five years and lek surveys shall be required in CHAT categories 1-3 prior to any breeding season Seismic surveys. (Required subject to exception in Section XII(C)(2)(c)II(C)(2)(c).)

Appears in 2 contracts

Samples: Conservation Agreement, Conservation Agreement

Avoidance. 1a) Avoid non-emergency operations, construction and maintenance activities, where humans are present, during lekking, nesting, and brooding season (Mar 1–Jul 15) within 1.25 mi of leks recorded active within the previous 5 years. (Discretionary, see Section XII(C)(2)(a)Required) Emergency operations that are meant to address direct human or environmental safety concerns or emergency operations that relate directly to operational continuity are allowed. Such emergency operations may include, but are not limited to, spill response and cleanup, response to well control incidents (i.e., incidents related to down hole pressures during drilling, completion, recompletion, or production operations), equipment repairs, flow line/pipeline repairs, unloading of one or more tanks to prevent the tank(s) from overflowing, security-related activities (e.g., activities to prevent theft and vandalism), well problems requiring a workover to make a well productive again), regulatory requirements, and unplanned construction and maintenance activities. Participants must also record the dates, duration and purpose of any emergency operations, construction and maintenance activities that occurred between March 1 and July 15 within 1.25 miles of leks recorded as active within the previous 5 years and must provide that documentation with their annual reporting. (Required) 2b) Seismic surveys and similar activities that require extensive off road travel shall not be conducted in rangeland or planted grass cover during the lekking nesting and Number brooding season (Mar 1–Jul 15) within 1.25 mi of leks recorded active within the previous five years and lek surveys shall be required in CHAT categories 1-3 prior to any breeding season Seismic surveys. (Required subject to exception in Section XII(C)(2)(c)II(C)(2)(c).)

Appears in 2 contracts

Samples: Conservation Agreement, Conservation Agreement

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Avoidance. 1a) Avoid non-emergency operations, construction and maintenance activities, where humans are present, during lekking, nesting, and brooding season (Mar March 1–Jul July 15) within 1.25 mi of leks recorded active within the previous 5 years. (Discretionary, see Section XII(C)(2)(a)Required) Emergency operations that are meant to address direct human or environmental safety concerns or emergency operations that relate directly to operational continuity are allowed. Such emergency operations may include, but are not limited to, spill response and cleanup, response to well control incidents (i.e., incidents related to down hole pressures during drilling, completion, recompletion, or production operations), equipment repairs, flow line/pipeline repairs, unloading of one or more tanks to prevent the tank(s) from overflowing, security-related activities (e.g., activities to prevent theft and vandalism), well problems requiring a workover to make a well productive again), regulatory requirements, and unplanned construction and maintenance activities. Participants must also record the dates, duration and purpose of any emergency operations, construction and maintenance activities that occurred between March 1 and July 15 within 1.25 miles of leks recorded as active within the previous 5 years and must provide that documentation with their annual reporting. (Required) 2b) Seismic surveys and similar activities that require extensive off road travel shall not be conducted in rangeland or planted grass cover during the lekking nesting and brooding season (Mar March 1–Jul July 15) within 1.25 mi of leks recorded active within the previous five years and lek surveys shall be required in CHAT categories 1-3 prior to any breeding season Seismic surveys. (Required subject to exception in Section XII(C)(2)(c)II(C)(2)(c).)

Appears in 1 contract

Samples: Conservation Agreement

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