Changed or Unforeseen Circumstances Sample Clauses

Changed or Unforeseen Circumstances. ‌ 16.1.1 Changed circumstances provided for in the 2020 DSL CCAA.‌ 16.1.2 Changed circumstances not provided for in the 2020 DSL CCAA. Changed circumstances not provided for in this CCAA will be treated as unforeseen circumstances as described below (Section 16.1.3) (See 50 CFR §§17.22(d)(5) and 17.32(d)(5)). 16.1.3 Unforeseen circumstances. If additional Conservation Measures (including conservation measures and actions as described in this CCAA) are necessary to respond to unforeseen circumstances, FWS may require additional measures of the Participants, but only if such measures are limited to modifications within the CCAA’s conservation strategy for the affected species, as described in Section 8 of this CCAA, and only if those measures maintain the original terms of the CCAA and CIs to the maximum extent possible. These additional Conservation Measures (including conservation measures and actions as described in this CCAA) will not involve the commitment of additional land, water, financial compensation, or additional restrictions on the use of land, water, or other natural resources available for development or use under the original terms of the CCAA and associated CI without the consent of the individual Participant(s). The FWS will demonstrate if unforeseen circumstances exist, using the best scientific and commercial data available. These findings must be clearly documented and based upon reliable technical information regarding the status and habitat requirements of the DSL. The FWS will consider, but is not limited to, the following factors: • Size of the current range of the species; • Percentage of range adversely affected by the CCAA; • Percentage of range conserved by the CCAA; • Ecological significance of that portion of the range affected by the CCAA; • Level of knowledge about the affected species and the degree of specificity of the species’ conservation program under the CCAA; and • Whether failure to adopt additional Conservation Measures would appreciably reduce the likelihood of survival and recovery of the DSL in the wild. In the unlikely situation in which an unforeseen circumstance results in likely jeopardy to a species covered by this CCAA and enhancement of survival permit, the Service could revoke this CCAA and permit as a last resort. However, the Service and its cooperators would first exercise all possible means to remedy the situation through other means (50 CFR §§ 17.22(d)(7) and 17.32(d)(7)).
Sample 1Sample 2
AutoNDA by SimpleDocs
Changed or Unforeseen Circumstances. 1) Changed circumstances provided for in the Agreement4. If additional conservation measures are necessary to respond to changed circumstances and the measures were set forth in the Agreement’s operating conservation program, the enrolled Cooperator will implement the measures specified in the Agreement and their Certificate of Inclusion. Circumstances that can be reasonably anticipated on enrolled properties include wildfire, drought, flooding, and other naturally occurring weather events. Enrolled landowners can voluntarily follow the most recent approved response guidelines provided by USFWS for such events to reduce impacts to the Houston toad. Such guidelines would be non-binding and only used in circumstances following a wildfire or other naturally occurring weather event, where no immediate threats to human health and safety or further property damage would be expected to occur. If, prior to the expiration of TPWD’s permit, TPWD should cease to exist or cease to continue administering the Agreement, and no other entity satisfactory to USFWS is willing to assume TPWD’s responsibilities as administrator of this Agreement, TPWD will relinquish its permit to USFWS. In the event of the foregoing, USFWS shall convert the Certificates of Inclusion that have been previously issued by TPWD to participating landowners into freestanding permits. Such permits will provide incidental take coverage for the same conservation activities as had been authorized by the Certificates of Inclusion. This action is contingent upon the participating landowners’ agreement to fulfill the conservation activities for each of their properties, as well as the administration, monitoring, and reporting requirements of the Safe Harbor Agreement, as outlined in this Cooperative Agreement and the Safe Harbor Agreement.
Sample 1
Changed or Unforeseen Circumstances. ‌ In the case of changed or unforeseen circumstances, the assurance listed above apply to Participants where the CCAA is being properly implemented. “Changed circumstances” are those alterations in circumstances that can reasonably be anticipated and planned for in the 2020 DSL CCAA. “Unforeseen circumstances” are changes in circumstances that could not reasonably have been anticipated by the Administrator and FWS at the time of the CCAA’s negotiation and development, and result in a substantial and adverse change in the status of the species. 16.1.1 Changed circumstances provided for in the 2020 DSL CCAA.‌ If additional Conservation Measures (including conservation measures and actions as described in this CCAA) are necessary to respond to changed circumstances and the measures were set forth in this CCAA, Participants will implement the measures specified herein. It is anticipated and planned for in Appendix A of this CCAA that new data and analysis will allow refinement of the Texas State Map through the Adaptive Management process, as well as site-specific assessment of habitat and DSL presence/absence to inform Conservation Measures and Conservation Actions by sand mining Participants. Changed Circumstances provided for in this 2020 DSL CCAA and the measures specified to address them include: Table 2. Changed Circumstances included in the 2020 DSL CCAA Changed Circumstance Trigger Measures or Actions to Be Implemented Stratification If an observable trend in the amount of stratification is demonstrated through stratification monitoring. The Administrator will promptly develop and implement a program of education and outreach to encourage adoption of the Adaptive Management Committee’s findings. The program will include, where appropriate, meetings with surface owners, enrolled participants with stratified mineral estate leases, and unenrolled mineral rights owners of stratified mineral leases in High and Intermediate Suitability DSL Habitat to attempt to develop a mutually acceptable surface use plan and to discuss measures to minimize adverse impacts to the surface estate. Assumptions regarding the efficacy of Conservation Measures and Actions Were Incorrect The Administrator, in consultation with the Adaptive Management Committee, determines that the implementation of the Conservation Measures and Actions is no longer supported by the best available science information. Adaptive Management Committee will examine the efficacy of Conservation Measures...
Sample 1

Related to Changed or Unforeseen Circumstances

  • Unforeseen Circumstances As a rule, the contractor is not entitled to any modification of the contractual terms due to circumstances of which the contracting authority was unaware. A decision of the Belgian State to suspend cooperation with a partner country is deemed to be unforeseeable circumstances within the meaning of this article. Should the Belgian State break off or cease activities which implies therefore the financing of this procurement contract, Xxxxxx will do everything reasonable to agree a maximum compensation figure.

  • Changed Circumstances (a) In the event that: (i) on any date on which the Eurodollar Rate would otherwise be set the Lender shall have determined in good faith (which determination shall be final and conclusive) that adequate and fair means do not exist for ascertaining the Eurodollar Rate, as the case may be, or (ii) at any time the Lender shall have determined in good faith (which determination shall be final and conclusive) that: (A) the making or continuation of, or conversion of any Loan to, a Eurodollar Loan has been made impracticable or unlawful by (1) the occurrence of a contingency that materially and adversely affects the interbank eurodollar market or (2) compliance by the Lender with any applicable law or governmental regulation, guideline or order or interpretation or change thereof by any governmental authority charged with the interpretation or administration thereof or with any request or directive of any such governmental authority (whether or not having the force of law); or (B) the Eurodollar Rate shall no longer represent the effective cost to the Lender for United States dollar deposits in the interbank eurodollar market; then, and in any such event, the Lender shall promptly so notify the Borrower thereof in writing. Until the Lender notifies the Borrower that the circumstances giving rise to such notice no longer apply, the Lender’s obligation to allow selection by the Borrower of the type of Loan affected by the contingencies described in this Section 2.11(a) (herein called “Affected Loans”) shall be suspended. If at the time the Lender so notifies the Borrower, the Borrower has previously given the Lender a Notice of Borrowing or Conversion with respect to one or more Affected Loans but such Loans have not yet gone into effect, the Borrower shall have been deemed to have requested that such Loans be made or converted, as applicable, to Base Rate Loans. Upon such date as shall be specified in such notice from the Lender (which shall not be earlier than the date such notice is given) the Borrower shall, with respect to the outstanding Affected Loans, be deemed to have converted such Affected Loans to Base Rate Loans, but shall remain obligated to pay any amounts required to be paid pursuant to Section 2.16. (b) In case any law, regulation, treaty or official directive or the interpretation or application thereof by any court or by any governmental authority charged with the administration thereof or the compliance with any guideline or request of any central bank or other governmental authority (whether or not having the force of law), in each case, effective after the date hereof: (i) subjects the Lender to any Tax with respect to payments of principal or interest or any other amounts payable hereunder by the Borrower or otherwise with respect to the transactions contemplated hereby (except for Taxes imposed by way of withholding or deduction, which shall be governed solely and exclusively by Sections 2.21 and 2.22), or (ii) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit or similar requirement against assets held by, or deposits in or for the account of, or loans by, the Lender (other than such requirements as are already included in the determination of the Eurodollar Rate), or (iii) imposes upon the Lender any other condition with respect to its performance under this Agreement or any other Loan Document, and the result of any of the foregoing is to increase the cost to the Lender, reduce the income receivable by the Lender or impose any expense upon the Lender with respect to any Loans or any payments made under or with respect to the Letters of Credit, the Lender shall promptly notify the Borrower thereof. The Borrower agrees to pay to the Lender the amount of such increase in cost, reduction in income or additional expense as and when such cost, reduction or expense is incurred or determined, upon presentation by the Lender of a written statement of such amount and setting forth in reasonable detail the Lender’s calculation thereof, which statement shall be deemed true and correct absent manifest error. Notwithstanding anything to the contrary in this Section, the Borrower shall not be required to compensate the Lender pursuant to this Section for any amounts incurred more than 180 days prior to the date that the Lender notifies the Borrower of the Lender’s intention to claim compensation therefor; provided that, if the circumstances giving rise to such claim have a retroactive effect, then such 180 day period shall be extended to include the period of such retroactive effect.

  • Change in Circumstances Section 8.1 Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period for any Euro-Dollar Loan or Money Market LIBOR Loan: (a) the Administrative Agent determines, which determination shall be conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "London Interbank Offered Rate" in Section 2.7 are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for Fixed Rate Loans as provided herein; or (b) in the case of a Committed Borrowing, Banks having 50% or more of the aggregate amount of the Commitments advise the Administrative Agent that the Adjusted London Interbank Offered Rate as determined by the Administrative Agent will not adequately and fairly reflect the cost to such Banks of funding their Euro-Dollar Loans for such Interest Period, the Administrative Agent shall forthwith give notice thereof to the Borrower and the Banks, whereupon until the Administrative Agent notifies the Borrower that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks to make, Continue or Convert into Euro-Dollar Loans shall be suspended. During any such suspension unless the Borrower notifies the Administrative Agent at least two Domestic Business Days before the date of any Fixed Rate Borrowing for which a Notice of Borrowing has previously been given that it elects not to borrow, Continue or Convert, as the case may be, on such date, (i) if such Fixed Rate Borrowing is a Committed Borrowing, such Borrowing shall instead be made or Continued as, or Converted into, a Base Rate Borrowing and (ii) if such Fixed Rate Borrowing is a Money Market LIBOR Borrowing, the Money Market LIBOR Loans comprising such Borrowing shall bear interest for each day from and including the first day to but excluding the last day of the Interest Period applicable thereto at the Base Rate for such day.

  • No Change in Facts or Circumstances All information in the application for the loan submitted to Lender (the "Loan Application") and in all financial statements, rent rolls, reports, certificates and other documents submitted in connection with the Loan Application are complete and accurate in all material respects. There has been no material adverse change in any fact or circumstance that would make any such information incomplete or inaccurate.

  • Changes in Circumstances It is expressly understood and agreed that the Grantee assumes all risks incident to any change hereafter in the applicable laws or regulations or incident to any change in the market value of the Restricted Shares after the date hereof.

  • Adverse Circumstances No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: (i) would have a Material Adverse Effect upon Debtor; or (ii) would constitute an Event of Default or an Unmatured Event of Default.

  • Change of Circumstances The Company will, at any time during the pendency of a Placement Notice advise the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to the Agent pursuant to this Agreement.

  • Reserve Requirements; Change in Circumstances (a) Notwithstanding any other provision herein other than Section 2.14(c), if after the date of this Agreement any change in applicable law or regulation or in the interpretation or administration thereof by any Governmental Authority charged with the interpretation or administration thereof (whether or not having the force of law) shall change the basis of taxation of payments to any Lender of the principal of or interest on any Eurodollar Loan made by such Lender or any Fees or other amounts payable hereunder (other than changes in respect of taxes imposed on the overall net income of such Lender by the jurisdiction in which such Lender has its principal office or by any political subdivision or taxing authority therein), or shall impose, modify or deem applicable any reserve, special deposit or similar requirement against assets of, deposits with or for the account of or credit extended by such Lender (except any such reserve requirement which is reflected in the LIBO Rate or the Base CD Rate) or shall impose on such Lender or the London interbank market or other market in which Lenders ordinarily raise dollars to fund Loans of the requested Type any other condition affecting this Agreement or Eurodollar Loans made by such Lender, and the result of any of the foregoing shall be to increase the cost to such Lender of funding, making or maintaining any Eurodollar Loan or to reduce the amount of any sum received or receivable by such Lender hereunder (whether of principal, interest or otherwise) by an amount deemed by such Lender to be material, then Alcoa will pay or cause the other Borrowers to pay to such Lender upon demand such additional amount or amounts as will compensate such Lender for such additional costs incurred or reduction suffered. (b) If any Lender shall have determined that the applicability of any law, rule, regulation, agreement or guideline adopted after the date of this Agreement pursuant to the July 1988 report of the Basle Committee on Banking Regulations and Supervisory Practices entitled "International Convergence of Capital Measurement and Capital Standards", or the adoption after the date hereof of any other law, rule, regulation, agreement or guideline regarding capital adequacy, or any change in any of the foregoing or in the interpretation or administration of any of the foregoing by any governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by any Lender (or any lending office of such Lender) or any Lender's holding company with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on such Lender's capital or on the capital of such Lender's holding company, if any, as a consequence of this Agreement or the Loans made by such Lender pursuant hereto to a level below that which such Lender or such Lender's holding company could have achieved but for such applicability, adoption, change or compliance (taking into consideration such Lender's policies and the policies of such Lender's holding company with respect to capital adequacy) by an amount deemed by such Lender to be material, then from time to time Alcoa shall pay or cause the other Borrowers to pay to such Lender such additional amount or amounts as will compensate such Lender or such Lender's holding company for any such reduction suffered. (c) A certificate of each Lender setting forth such amount or amounts as shall be necessary to compensate such Lender or its holding company as specified in paragraph (a) or (b) above, as the case may be, together with a statement of reasons for such demand and showing the calculation for such amounts shall be delivered to Alcoa and shall be conclusive absent manifest error. Alcoa shall pay or cause to be paid to each Lender the amount shown as due on any such certificate delivered by it within 10 days after its receipt of the same. (d) Except as provided in this paragraph, failure on the part of any Lender to demand compensation for any increased costs or reduction in amounts received or receivable or reduction in return on capital with respect to any period shall not constitute a waiver of such Lender's right to demand compensation with respect to such period or any other period. The protection of this Section 2.12 shall be available to each Lender regardless of any possible contention of the invalidity or inapplicability of the law, rule, regulation, guideline or other change or condition which shall have occurred or been imposed. No Lender shall be entitled to compensation under this Section 2.12 for any costs incurred or reductions suffered with respect to any date unless it shall have notified Alcoa that it will demand compensation for such costs or reductions under paragraph (c) above not more than 60 days after the later of (i) such date and (ii) the date on which it shall have or reasonably should have become aware of such costs or reductions. In the event a Borrower shall reimburse any Lender pursuant to this Section 2.12 for any cost and the Lender shall subsequently receive a refund in respect thereof, the Lender shall so notify such Borrower and shall pay to such Borrower the portion of such refund which it shall determine in good faith to be allocable to the cost so reimbursed.

  • Special Circumstances An employee shall be entitled to extend the maternity leave by up to an additional six (6) consecutive weeks' leave without pay where a physician certifies the employee as unable to return to work for medical reasons related to the birth. An employee shall be entitled to extend the parental leave by up to an additional five (5) consecutive weeks' leave without pay where the child is at least six (6) months of age before coming into the employee's care and custody and the child is certified as suffering from a physical, psychological or emotional condition. Provided however, that in no case shall the combined maternity and parental leave exceed fifty-two (52) consecutive weeks following the commencement of the leave.

  • Exceptional Circumstances The Recipient agrees that the Federal Government may require another method of valuation to be used to determine the fair market value of Project real property withdrawn from service. In unusual circumstances, the Recipient may request permission to use another reasonable valuation method including, but not limited to accelerated depreciation, comparable sales, or established market values.

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