By the Cooperator Sample Clauses

By the Cooperator. The Cooperator or its enrolled successor in interest must give NCWRC sixty (60) day written notice, by certified letter, of its intent to terminate a SHMA and must give NCWRC and/or the Service an opportunity to relocate individuals of the covered species within thirty (30) days of such written notice. As provided for in Part 12 of the Service’s Safe Harbor Policy (64 FR 32717), a Cooperator may terminate a SHMA prior to the expiration date of the SHMA for circumstances beyond the Cooperator’s control. Provided that the baseline conditions have been maintained, the Cooperator, subject to the previously mentioned notice requirement and opportunity to relocate individuals of the covered species, may return the enrolled property to baseline conditions, even if the expected net conservation benefits have not been realized. If the Cooperator is unable to continue implementation of the management activities, plans and stipulations of the SHMA, whether due to catastrophic destruction of the species population numbers or habitat or due to unforeseen hardship, the Cooperator must relinquish its Certificate of Inclusion to the NCWRC. Species management on the Cooperator’s property would return to its status prior to the signing of the SHMA (i.e., original baseline). Such termination would not affect the Cooperator’s authorization under the Certificate of Inclusion to take any species individual or occupied habitat that is not part of the Cooperator’s baseline at the time of termination of the SHMA. The Cooperator also may terminate the SHMA at any time for any other reason, but termination for reasons other than for circumstances beyond the Cooperator’s control, shall extinguish the Cooperator’s authority to take species or occupied habitat under the Certificate of Inclusion. If a Cooperator has not returned its property to baseline conditions at the time of termination of its SHMA, and the number of RCW groups has increased, the additional groups will be protected by the take prohibitions of Section 9 of the ESA because the Cooperator’s take authorization (via the Certificate of Inclusion) will have become invalid upon termination of the SHMA. If the Cooperator terminates a SHMA for any other reason, the Certificate of Inclusion shall immediately cease to be in effect.
Sample 1
AutoNDA by SimpleDocs
By the Cooperator 
Sample 1

Related to By the Cooperator

  • Release by the Contractor The acceptance by the Contractor of final payment shall release NYSERDA from all claims and liability that the Contractor, its representatives and assigns might otherwise have relating to this Agreement.

  • By the Company In the event of a registration of any Registrable Securities under the Securities Act pursuant to this Agreement, the Company will indemnify and hold harmless each Selling Holder thereunder, its directors, officers, managers, partners, employees and agents and each Person, if any, who controls such Selling Holder within the meaning of the Securities Act and the Exchange Act, and its directors, officers, managers, partners, employees or agents (collectively, the “Selling Holder Indemnified Persons”), against any losses, claims, damages, expenses or liabilities (including reasonable attorneys’ fees and expenses) (collectively, “Losses”), joint or several, to which such Selling Holder Indemnified Person may become subject under the Securities Act, the Exchange Act or otherwise, insofar as such Losses (or actions or proceedings, whether commenced or threatened, in respect thereof) arise out of or are based upon any untrue statement or alleged untrue statement of any material fact (in the case of any prospectus, in light of the circumstances under which such statement is made) contained in (which, for the avoidance of doubt, includes documents incorporated by reference in) the applicable Registration Statement or other registration statement contemplated by this Agreement, any preliminary prospectus, prospectus supplement or final prospectus contained therein, or any amendment or supplement thereof, or any free writing prospectus relating thereto, or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein (in the case of a prospectus, in light of the circumstances under which they were made) not misleading, and will reimburse each such Selling Holder Indemnified Person for any legal or other expenses reasonably incurred by them in connection with investigating, defending or resolving any such Loss or actions or proceedings; provided, however, that the Company will not be liable in any such case if and to the extent that any such Loss arises out of or is based upon an untrue statement or alleged untrue statement or omission or alleged omission so made in conformity with information furnished by such Selling Holder Indemnified Person in writing specifically for use in the applicable Registration Statement or other registration statement, preliminary prospectus, prospectus supplement or final prospectus, or amendment or supplement thereto, or any free writing prospectus relating thereto, as applicable. Such indemnity shall remain in full force and effect regardless of any investigation made by or on behalf of such Selling Holder Indemnified Person, and shall survive the transfer of such securities by such Selling Holder.

  • PARTIES TO COOPERATE Each Party agrees to cooperate with the others, as applicable, in arranging to print, mail and/or deliver, in a timely manner, combined or coordinated prospectuses or other materials of AVIF and the Accounts.

  • REPRESENTATIONS BY THE COMPANY The Company represents and warrants to the Subscriber that:

  • For the Contractor Name: Xxxxx Xxxx Phone: 000-000-0000 Email: xxxxx@xxxxxxxxxxxxxxx.xxx

  • Actions by the Company Any action, election or determination by the Board or any committee thereof pursuant to or relating to this Agreement will be effective if, and only if, it is taken or made by (or with the prior approval of) a majority of the members of the Board who are not at the time employees of Holdings or any of its Subsidiaries.

  • Labor Cooperation The Parties shall enhance their communication and cooperation on labor, social security and environment issues through Memorandum of Understanding on Labor Cooperation between the Government of the People's Republic of China and the Government of the Republic of Peru.

  • No Cooperation Employee agrees he will not act in any manner that might damage the business of the Company. Employee agrees that he will not counsel or assist any attorneys or their clients in the presentation or prosecution of any disputes, differences, grievances, claims, charges, or complaints by any third party against the Company and/or any officer, director, employee, agent, representative, shareholder or attorney of the Company, unless under a subpoena or other court order to do so.

  • Indemnity by the Company The Company hereby agrees to indemnify and hold harmless Consultant and each person and affiliate associated with Consultant against any and all losses, claims, damages, liabilities and expenses (including reasonable costs of investigation and legal counsel fees), and in addition to any liability the Company may otherwise have, arising out of, related to or based upon any violation of law, rule or regulation by the Company or the Company’s agents, employees, representatives or affiliates.

  • Cooperation by the Company If any Shareholder shall transfer any Registrable Securities pursuant to Rule 144, the Company shall cooperate, to the extent commercially reasonable, with such Shareholder and shall provide to such Shareholder such information as such Shareholder shall reasonably request.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!