Common use of Compliance Notice Clause in Contracts

Compliance Notice. In response to an alleged failure to implement a mandatory avoidance or minimization Conservation Measure or to pay Mitigation Fees, WAFWA may either directly contact or provide written notice to the Participant (“Compliance Notice”). A Compliance Notice shall meet the requirements of Section IV(B)(5) and shall require the Participant to submit, within 20 business days of the date of the Compliance Notice or other specified time, a written explanation or statement in response that includes: (a) corrective steps taken by the Participant and results achieved; (b) a schedule and description of corrective steps that will be taken and results expected; or (c) a statement denying that the alleged failure has occurred and additional information supporting the statement. WAFWA shall notify the relevant FWS Ecological Services field office of the potential compliance issue at the time they send a written Compliance Notice to the Participant, using established procedures for protecting confidential information (Section XII of this CI). WAFWA will confer with FWS to determine if further FWS coordination is required for resolution. XXXXX shall respond in writing to the Participant’s response and either: (a) accept the Participant’s response and state that the notice is resolved (“Notice of Resolution”); or (b) not accept the Participant’s response.

Appears in 5 contracts

Samples: Conservation Agreement, Conservation Agreement, Conservation Agreement

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Compliance Notice. In response to an alleged failure to implement a mandatory avoidance or minimization Conservation Measure or to pay Mitigation Fees, WAFWA may either directly contact or provide written notice to the a Participant (“Compliance Notice”). A Compliance Notice shall meet the requirements of Section IV(B)(5XXIX(B)(6) and shall require the Participant to submit, within 20 business days of the date of the Compliance Notice or other specified time, a written explanation or statement in response that includes: (a) corrective steps taken by the Participant and results achieved; (b) a schedule and description of corrective steps that will be taken and results expected; or (c) a statement denying that the alleged failure has occurred and additional information supporting the statement. WAFWA shall notify the relevant FWS Ecological Services field office of the potential compliance issue at the time they send a written Compliance Notice to the Participant, using established procedures for protecting confidential information (Section XII of this CIXXI). WAFWA will confer with FWS to determine if further FWS coordination is required for resolution. XXXXX shall respond in writing to the Participant’s response and either: (a) accept the Participant’s response and state that the notice is resolved (“Notice of Resolution”); or (b) not accept the Participant’s response.

Appears in 2 contracts

Samples: Conservation Agreement, Conservation Agreement

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Compliance Notice. In response to an alleged failure to implement a mandatory avoidance or minimization Conservation Measure or to pay Mitigation Fees, WAFWA may either directly contact or provide written notice to the a Participant (“Compliance Notice”). A Compliance Notice shall meet the requirements of Section IV(B)(5XXIX(C) and shall require the Participant to submit, within 20 business days of the date of the Compliance Notice or other specified time, a written explanation or statement in response that includes: (a) corrective steps taken by the Participant and results achieved; (b) a schedule and description of corrective steps that will be taken and results expected; or (c) a statement denying that the alleged failure has occurred and additional information supporting the statement. WAFWA shall notify the relevant FWS Ecological Services field office of the potential compliance issue at the time they send a written Compliance Notice to the Participant, using established procedures for protecting confidential information (Section XII of this CIXXI). WAFWA will confer with FWS to determine if further FWS coordination is required for resolution. XXXXX shall respond in writing to the Participant’s response and either: (a) accept the Participant’s response and state that the notice is resolved (“Notice of Resolution”); or (b) not accept the Participant’s response.

Appears in 2 contracts

Samples: Conservation Agreement, Conservation Agreement

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