Common use of Baseline Adjustment Clause in Contracts

Baseline Adjustment. Unforeseen circumstances could involve habitat impacts resulting from catastrophic (force majeure) events such as hurricanes, flash floods, severe drought, lethal forest fires, or insect/disease epidemics. Such events are beyond the reasonable control of the Cooperator, and did not occur through fault or negligence, including but not limited to “acts of God” or sudden actions of the elements such as those described above. Such catastrophes could either locally destroy the species population or render the habitat unsuitable, thereby reducing population numbers or occupied acreage below the original baseline conditions. For such circumstances beyond the control of the Cooperator, the Cooperative Agreement could be terminated, or NDOW and the Service could agree to revise the baseline conditions to reflect the new circumstances.

Baseline Adjustment. Unforeseen circumstances could involve habitat impacts resulting from catastrophic (force majeure) events such as hurricanes, flash floods, severe drought, lethal forest fires, or insect/disease epidemics. Such events are beyond the reasonable control of the Cooperator, and did not occur through fault or negligence, including but not limited to “acts of God” or sudden actions of the elements such as those described above. Such catastrophes could either locally destroy the species population or render the habitat unsuitable, thereby reducing population numbers or occupied acreage below the original baseline conditions. For such circumstances beyond the control of the Cooperator, the Cooperative Agreement could be terminated, or NDOW the Department, the Cooperator, and the Service could agree to revise the baseline conditions to reflect the new circumstances.