Basis for Finding Sample Clauses

Basis for Finding. USACE shall make a finding of “no historic properties affected” under the following circumstances: i. If no historic properties are present in the APE; or ii. The Undertaking shall avoid alteration to the characteristics of a historic property qualifying it for inclusion in or eligibility for the National Register (including cumulative effects); or
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Basis for Finding. The Corps shall make findings of "no historic properties affected" for each Project phase, feature, type of effect, or individual APE under the following circumstances: i. If no historic properties are present in the APE; or ii. The Project phase or feature shall avoid effects to historic properties (including cumulative effects).
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Basis for Finding. If the Corps determines that a specific Project phase, feature, or type of effect does not meet the adverse effect criteria, or the effect to a historic property is consistent with the SOI’s Guidelines on Flood Adaptation for Rehabilitating Historic Buildings and meets the SOI’s Standards for Rehabilitation, the Corps shall propose a finding of "no adverse effect" and consult with Consulting Parties in accordance with 36 C.F.R. § 800.5(b) and following steps i-iii below: i. The Corps shall notify all Consulting Parties of its finding; describe any project specific conditions and/or modifications required to the undertaking to avoid adverse effects to historic properties; and provide supporting documentation pursuant to 36 ii. Unless a Consulting Party disagrees with the finding within 30 days, the Corps will proceed with its “no adverse effect” determination and conclude the Section 106 of the NHPA review. iii. If a Consulting Party disagrees with the finding of “no adverse effect,” the Corps will consult with the objecting party to resolve the disagreement. a) If the objection is resolved, the Corps shall proceed with the Project phase, feature, type of effect, or individual APE in accordance with the resolution; or b) If the objection cannot be resolved, the Corps shall request that ACHP review the PROGRAMMATIC AGREEMENT REGARDING THE REGARDING THE CHARLESTON PENINSULA COASTAL STORM RISK MANAGEMENT PROJECT, CHARLESTON, SOUTH CAROLINA findings in accordance with 36 C.F.R. § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. If the Corps' final determination is to reaffirm its "no adverse effect" finding, the Section 106 of the NHPA review of the specific Project phase, feature, type of effect, or individual APE will have concluded. If the Corps will revise its finding then it shall proceed to Stipulation III.B.3 (Determination of Adverse Effect) below.
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Basis for Finding. The Corps shall make a finding of “no historic properties affected” under the following circumstances: i. If no historic properties are present in the APE; or ii. The undertaking shall avoid effects to historic properties (including cumulative effects).
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Basis for Finding. If the Corps determines that a specific Project phase, feature, or type 24 of effect does not meet the adverse effect criteria, or the effect to a historic property is 25 consistent with the SOI’s Guidelines on Flood Adaptation for Rehabilitating Historic
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Basis for Finding. The Corps shall make a finding of “no historic properties affected” within fifteen (15) calendar days of receipt of the identification/evaluation report(s), if the Project avoids effects to historic properties, including visual and cumulative effects.
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Basis for Finding. All of the mental health assessments I reviewed (either through direct observation or in the medical charts) included the factors enumerated in Appendix A of the MOA and are consistent with generally accepted standards for correctional mental health assessments.
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Related to Basis for Finding

  • Basis for Layoff A. The reasons for layoffs include, but are not limited to, the following: 1. Lack of funds; 2. Lack of work; or 3. Organizational change. B. Examples of layoff actions due to lack of work include, but are not limited to: 1. Termination of a project or special employment; 2. Availability of fewer positions than there are employees entitled to such positions; 3. Employee’s ineligibility to continue in a position following its reallocation to a class with a higher salary maximum; or 4. Employee’s ineligibility to continue, or choice not to continue, in a position following its reallocation to a class with a lower salary range maximum.

  • Contract Provisions for Orders Utilizing Federal Funds Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon delivery. These federal requirements may be proposed by Participating Entities in Participating Addenda and Purchasing Entities for incorporation in Orders placed under this Master Agreement.

  • Adjustments for Tax Purposes Any payments made pursuant to Section 2.04 shall be treated as an adjustment to the Purchase Price by the parties for Tax purposes, unless otherwise required by Law.

  • Allocations for Tax Purposes (a) Except as otherwise provided herein, for federal income tax purposes, each item of income, gain, loss and deduction shall be allocated among the Partners in the same manner as its correlative item of "book" income, gain, loss or deduction is allocated pursuant to Section 6.1. (b) In an attempt to eliminate Book-Tax Disparities attributable to a Contributed Property or Adjusted Property, items of income, gain, loss, depreciation, amortization and cost recovery deductions shall be allocated for federal income tax purposes among the Partners as follows: (i) (A) In the case of a Contributed Property, such items attributable thereto shall be allocated among the Partners in the manner provided under Section 704(c) of the Code that takes into account the variation between the Agreed Value of such property and its adjusted basis at the time of contribution; and (B) any item of Residual Gain or Residual Loss attributable to a Contributed Property shall be allocated among the Partners in the same manner as its correlative item of "book" gain or loss is allocated pursuant to Section 6.1. (ii) (A) In the case of an Adjusted Property, such items shall (1) first, be allocated among the Partners in a manner consistent with the principles of Section 704(c) of the Code to take into account the Unrealized Gain or Unrealized Loss attributable to such property and the allocations thereof pursuant to Section 5.5(d)(i) or 5.5(d)(ii), and (2) second, in the event such property was originally a Contributed Property, be allocated among the Partners in a manner consistent with Section 6.2(b)(i)(A); and (B) any item of Residual Gain or Residual Loss attributable to an Adjusted Property shall be allocated among the Partners in the same manner as its correlative item of "book" gain or loss is allocated pursuant to Section 6.1. (iii) The General Partner shall apply the principles of Treasury Regulation Section 1.704-3(d)

  • Basis for calculation of periodic payments All interest and commitment fee and any other payments under any Finance Document which are of an annual or periodic nature shall accrue from day to day and shall be calculated on the basis of the actual number of days elapsed and a 360 day year.

  • Adjustment for Tax Purposes The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.6, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.

  • Process for Recovery of Funding If the Funder, acting reasonably, determines that a recovery of Funding under section 5.1 is appropriate, then the Funder will give 30 Days’ Notice to the HSP. The Notice will describe: the amount of the proposed recovery; the term of the recovery, if not permanent; the proposed timing of the recovery;‌ the reasons for the recovery; and the amendments, if any, that the Funder proposes be made to the HSP’s obligations under this Agreement. Where the HSP disputes any matter set out in the Notice, the parties will discuss the circumstances that resulted in the Notice and the HSP may make representations to the Funder about the matters set out in the Notice within 14 Days of receiving the Notice. The Funder will consider the representations made by the HSP and will advise the HSP of its decision. Funding recoveries, if any, will occur in accordance with the timing set out in the Funder’s decision. No recovery of Funding will be implemented earlier than 30 Days after the delivery of the Notice.

  • Adverse Selection No selection procedures adverse to the Noteholders were utilized in selecting the Receivables from those receivables owned by AmeriCredit which met the selection criteria set forth in clauses (A) through (M) of number 29 of this Schedule B.

  • Independence of Asset Representations Reviewer The Asset Representations Reviewer will be an independent contractor and will not be subject to the supervision of the Issuer or the Owner Trustee for the manner in which it accomplishes the performance of its obligations under this Agreement. Unless authorized by the Issuer or the Owner Trustee, respectively, the Asset Representations Reviewer will have no authority to act for or represent the Issuer or the Owner Trustee and will not be considered an agent of the Issuer or the Owner Trustee. Nothing in this Agreement will make the Asset Representations Reviewer and either of the Issuer or the Owner Trustee members of any partnership, joint venture or other separate entity or impose any liability as such on any of them.

  • Responsibility of Trustee for Conversion Provisions The Trustee, subject to the provisions of Section 6.1, and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Rate, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, herein or in any supplemental indenture provided to be employed, in making the same, or whether a supplemental indenture need be entered into. Neither the Trustee, subject to the provisions of Section 6.1, nor any Conversion Agent shall be accountable with respect to the validity or value (or the kind or amount) of any Common Stock, or of any other securities or property or cash, which may at any time be issued or delivered upon the conversion of any Security; and it or they do not make any representation with respect thereto. Neither the Trustee, subject to the provisions of Section 6.1, nor any Conversion Agent shall be responsible for any failure of the Company to make or calculate any cash payment or to issue, transfer or deliver any shares of Common Stock or share certificates or other securities or property or cash upon the surrender of any Security for the purpose of conversion; and the Trustee, subject to the provisions of Section 6.1, and any Conversion Agent shall not be responsible for any failure of the Company to comply with any of the covenants of the Company contained in this Article.

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