Cultural Properties Sample Clauses

Cultural Properties. Any archaeological sites, historical artifacts or other cultural resources, including but not limited to pottery, bone, modified stone and early historic remains, on or within the Property are the Commissioner's property. Lessee shall immediately stop mining or exploration operations, report the discovery of any such material to the State Land Office Field Operations Division Director, and shall consult with the State Land Office Field Operations Division Director to determine a course of action. A. Adequate fencing may be required to protect and preserve any significant sites as determined by the State Land Office Field Operations Division Director. B. Liability for damages to cultural resources, including restoration costs, is that of the Lessee. C. In the event that the presence of cultural resources materially and adversely affects the ability of the Lessee to use a portion or all of the Property, the Lessee may, with the approval of the State Land Office Field Operations Division Director, negotiate an effects mitigation plan for legal removal of the cultural resources, surrender the entire legal subdivision in which the archaeological sites or other cultural resources are located or surrender the entire parcel. D. Unless a class III Archaeological survey is conducted for the Property and a Letter of Clearance obtained, the following will apply: i. An on-site archaeologist will be required during any ground disturbing activities conducted under an Exploration permit issued to the Lessee for the Property under the New Mexico Mining Act. ii. A letter of clearance for the specific site to be disturbed from the State Historical Preservation Officer must be obtained by the Lessee under the New Mexico Mining Act for the Property prior to any ground disturbing activities initiated under a minimal impact mining permit.
Sample 1Sample 2See All (6)
AutoNDA by SimpleDocs
Cultural Properties. The project is within the Industrial hub and there is no impact on the cultural property (e.g. temple, mosque etc.).
Sample 1
Cultural Properties. Carrying out of a program to protect and present cultural properties in Liaoning in a scientifically sound and financially efficient manner, consisting of:
Sample 1
Cultural Properties. All properties for which the NMDGF has not made a determination of eligibility will be treated as eligible for management purposes until eligibility is resolved through consultation with the SHPO, tribes and the appropriate state land management agency.
Sample 1
Cultural Properties. Each Party is aware of the possible existence of cultural properties, as defined in NMSA § 18-6-3(B), on their respective lands. The Commissioner is willing to accept the Bxxxxx Land, and Bxxxxx is willing to accept the subject State Trust Land, with knowledge that thorough inspections may reveal such cultural properties. To the best of each Party’s knowledge and belief, there have been no known violations of the Cultural Properties Act (NMSA 1978, §§ 18-6-1 through 18-6-23) or any other state, federal, or local government statute, regulation, or ordinance applicable to their respective lands related to the protection of cultural or historic properties with respect to any sites, objects, artifacts or human burials (collectively the “cultural properties laws”) located on their respective lands. Upon completion of Closing, each Party agrees to assume full responsibility for complying with all applicable provisions of the Cultural Properties Act and other cultural properties laws that may affect the use of the land it receives pursuant to this Agreement. Each Party will not hold the other responsible for compliance with such cultural properties laws, or for any violation of such laws, with respect to post-closing activities conducted on the land that it will receive.
Sample 1
Cultural Properties. Any prehistoric or historic district, site, building, structure, object, artifact, record, or remains related to and located within such properties (36 CFR 800.2 (e)).
Sample 1
Cultural Properties. Any archaeological sites, historical artifacts, or other cultural resources, including but not limited to pottery, bone, modified stone, and early historic remains, on or within the Leased Premises is the Lessor's , subject to applicable laws. Lessee shall immediately report the discovery of any such material to Lessor and shall comply with all applicable laws. Adequate fencing may be required to protect and preserve any significant sites as determined by the Commissioner. Lessee shall bear sole liability for damages to cultural resources, including restoration costs during the term of this Lease. If the presence of cultural resources materially and adversely affects the ability of Lessee to use a portion or all of the Leased Premises, Lessee may, upon approval of the appropriate state agency or agencies, negotiate an effects mitigation plan for legal removal of the cultural resources; surrender the entire legal subdivision in which the archaeological sites or other cultural resources are located; or relinquish the Leased Premises as provided for in this Lease.
Sample 1
AutoNDA by SimpleDocs

Related to Cultural Properties

  • Real Properties The Company does not have an interest in any real property, except for the Leases (as defined below).

  • Operations and Properties Borrower shall, and shall cause each of its Subsidiaries to, act prudently and in accordance with customary industry standards in managing or operating its assets, properties, business and investments. Borrower shall, and shall cause each of its Subsidiaries to, keep in good working order and condition, ordinary wear and tear excepted, all of its assets and properties which are necessary to the conduct of its business.

  • Real Estate All real property at any time owned or leased (as lessee or sublessee) by the Borrower or any of its Subsidiaries.

  • Properties and Leases Except as would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect, the Company and the Company Subsidiaries have good and marketable title to all real properties and all other properties and assets owned by them, in each case free from liens, encumbrances, claims and defects that would affect the value thereof or interfere with the use made or to be made thereof by them. Except as would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect, the Company and the Company Subsidiaries hold all leased real or personal property under valid and enforceable leases with no exceptions that would interfere with the use made or to be made thereof by them.

  • Access to Properties Subject to the rights of Tenants, Borrower shall permit agents, representatives and employees of Lender to inspect the Properties or any part thereof at reasonable hours upon reasonable advance notice.

  • Business and Properties No business of any Loan Party or any of its Subsidiaries is affected by any fire, explosion, accident, drought, storm, hail, earthquake, embargo, act of God or of the public enemy or other casualty (whether or not covered by insurance) that could reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

  • Properties; Liens (a) The Company and each Subsidiary has good title to, or valid leasehold interests in, all its real and personal properties and assets material to its business, except for minor defects in title that do not interfere with its ability to conduct its business as currently conducted or to utilize its properties and assets for their intended purposes. All such owned properties and assets, and all such leasehold interests, are free and clear of Liens, other than Liens expressly permitted under Section 6.02. (b) The Company and each Subsidiary owns, or is licensed to use, all trademarks, tradenames, copyrights, patents and other intellectual property material to its business, and the use thereof by the Company and the Subsidiaries does not infringe upon the rights of any other Person, except for any such infringements that, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.

  • Existence; Compliance with Laws; Businesses and Properties (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except as otherwise expressly permitted under Section 6.05. (i) Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises and authorizations, material to the conduct of its business, except as could not reasonably be expected to have a Material Adverse Effect; (ii) comply in all material respects with all applicable laws, rules, regulations and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except as could not reasonably be expected to have a Material Adverse Effect; and (iii) at all times maintain and preserve all tangible property material to the conduct of such business and keep such property in good repair, working order and condition (subject to ordinary wear and tear, casualty and condemnation) and from time to time make, or cause to be made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times, except as could not reasonably be expected to have a Material Adverse Effect.

  • Access to Properties and Records (a) CCE shall, and shall cause TPC to, afford to ETP and ETP’s accountants, counsel and representatives full reasonable access during normal business hours throughout the period prior to the Closing Date (or the earlier termination of this Agreement pursuant to Article VII hereof) to all of the properties, books, contracts, commitments and records (including all environmental studies, reports and other environmental records and all pipeline cost-of-service and rate-related studies, reports and records related to TPC and, during such period, shall furnish to ETP all information concerning the business, properties, Liabilities and personnel related to TPC as ETP may request, provided, however, that no investigation or receipt of information pursuant to this Section 5.2 shall affect any representation or warranty of CCE or the conditions to the obligations of ETP. To the extent not located at the offices or properties of TPC as of the Closing Date, as promptly as practicable thereafter, CCE shall deliver, or cause its appropriate Affiliates to deliver to ETP all of the books of accounts, minute books, record books and other records (including safety, health, environmental, maintenance and engineering records and drawings) pertaining to the business operations of TPC and all financial and accounting records related to TPC. Such delivery shall include all work papers, pleadings, testimony, exhibits, spread sheets, research, drafts, memoranda, correspondence and other documents related to the TPC Rate Case (“TPC Rate Case Work Product”). TPC Rate Case Work Product has been and will be prepared in contemplation of litigation, and the use of TPC Rate Case Work Product has been and will be under the control of TPC’s attorneys. Notwithstanding anything to the contrary contained in this Agreement, CCE shall not be obligated to provide to ETP any documents or records relating to litigation and regulatory matters in which TPC is involved to the extent that CCE reasonably believes such documents or records are subject to the attorney-client or other applicable privilege in circumstances in which TPC is not the sole client unless the parties entitled to such attorney-client or other applicable privilege shall consent thereto and enter into an appropriate joint defense agreement for the purpose of preservation of such attorney-client or other applicable privilege. (b) The information contained herein, in the CCE Disclosure Letter or heretofore or hereafter delivered to ETP or its authorized representatives in connection with the transactions contemplated by this Agreement shall be held in confidence by ETP and its representatives in accordance with the Confidentiality Agreement until the Closing Date with respect to information relating to TPC. Following the Closing Date, CCE shall keep confidential all information related to the business and properties of TPC to the same extent as ETP is obligated to keep such information confidential in accordance with the terms of the Confidentiality Agreement (without regard to the preceding sentence) prior to the Closing Date.

  • Operation of Properties The Borrower will and will cause each Subsidiary to operate its Properties or cause such Properties to be operated in a careful and efficient manner in accordance with the practices of the industry and in compliance with all applicable contracts and agreements and in compliance in all material respects with all Governmental Requirements.

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