Determinations of No Adverse Effect Sample Clauses

Determinations of No Adverse Effect. 1. If the SHPO/THPO concurs in writing with the Applicant’s determination of no ad- verse effect, the Facility is deemed to have no adverse effect on Historic Properties. The Section 106 process is then complete and the Applicant may proceed with the project, un- less further processing for reasons other than Section 106 is required. 2. If the SHPO/THPO does not provide writ- ten notice to the Applicant that it agrees or disagrees with the Applicant’s determination of no adverse effect within thirty days fol- lowing its receipt of a complete Submission Packet, the SHPO/THPO is presumed to have concurred with the Applicant’s determina- tion. The Applicant shall, pursuant to proce- dures to be promulgated by the Commission, forward a copy of its Submission Packet to the Commission, together with all cor- respondence with the SHPO/THPO and any comments or objections received from the public, and advise the SHPO/THPO accord- ingly. The Section 106 process shall then be complete unless the Commission notifies the Applicant otherwise within 15 days after the Commission receives the Submission Packet and accompanying material electronically or 25 days after the Commission receives this material by other means. 3. If the SHPO/THPO provides written no- xxxx within 30 days following receipt of the Submission Packet that it disagrees with the Applicant’s determination of no adverse ef- fect, it should provide a short and concise ex- planation of the Historic Properties it be- lieves to be affected and exactly how the cri- teria of Adverse Effect would apply. The Ap- plicant and the SHPO/THPO should engage in further discussions and make a reasonable and good faith effort to resolve their dis- agreement. 4. If the SHPO/THPO and Applicant do not resolve their dispute, the Applicant may at any time choose to submit the matter, to- gether with all relevant documents, to the Commission, advising the SHPO/THPO ac- cordingly. 5. Whenever the Applicant or the Commis- sion concludes, or a SHPO/THPO advises, that a proposed project will have an adverse effect on a Historic Property, after applying the criteria of Adverse Effect, the Applicant and the SHPO/THPO are encouraged to in- vestigate measures that would avoid the ad- verse effect and permit a conditional ‘‘No Adverse Effect’’ determination. 6. If the Applicant and SHPO/THPO mutu- ally agree upon conditions that will result in no adverse effect, the Applicant shall advise the SHPO/THPO in writing that it will com- ply w...
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Determinations of No Adverse Effect. ‌‌ A. If a proposed undertaking will cause effects to a historic property, but the Heritage Specialist has determined that the effects will not diminish the aspects of integrity nor the characteristics that make the property eligible for listing in the National Register of Historic Places, or the undertaking is modified or conditions are imposed to ensure consistency with‌ the Secretary of the Interior’s Standards for the Treatment of Historic Properties ( 36 CFR 68); then a determination of “No Adverse Effect” is appropriate as defined in 36 CFR 800.5(b). B. Heritage Specialists shall ensure that the Standard Protection Measures described in Appendix E for Class II: On-Site Historic Property Protection Measures or Class III: Historic Structure Treatments are implemented for undertakings where a determination of No Adverse Effect has been made. When these protection measures are effectively applied, Forests will have taken into account the effects of undertakings on historic properties.‌ C. The Forest Service will submit project compliance reports to the SHPO. The SHPO will review and comment on the effect within 30 days of receipt of the documentation. If the SHPO does not respond within 30 days, the Forest Service may assume concurrence with determinations of eligibility and effect and proceed with the undertaking.‌ D. The Forest shall establish an ongoing monitoring program to evaluate the effectiveness of the protection procedures established at Stipulation VIII.B. of this Agreement. The results of the monitoring will be reported in the Annual Report pursuant to Stipulation XVII.‌ E. Forests shall provide the funding and staff time necessary to perform all project activity necessitated by historic property treatments and protections, monitoring, effects assessments, and documentation recommended by the Heritage Specialist as a condition of project approval, or when identified during post-activity assessments. All such work shall be completed within one year of final project activities. If recommended work is not completed within this period of time, Forests shall notify and consult with the Alaska Regional Forester and the SHPO on appropriate actions needed to complete the work within agreed upon time periods. Failure in completing these requirements may cause the Forest, District, or Zone to be suspended from participation in this Agreement as described in Stipulation XXII.‌
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Related to Determinations of No Adverse Effect

  • No Adverse Effect The acquisition by the Trust of the Receivables arising in the Additional Accounts shall not, in the reasonable belief of the Transferor, result in an Adverse Effect;

  • Determination of Adverse Consequences The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this Section 8. All indemnification payments under this Section 8 shall be deemed adjustments to the Purchase Price.

  • Litigation; Adverse Effects (a) To the best of Borrower’s knowledge, there is no Proceeding, pending or threatened, against Borrower or any property of Borrower (including the Property), which, if adversely determined, would result in a Material Adverse Effect. (b) Except as disclosed on Schedule 5.11 hereto, Borrower is not (i) in violation of any applicable law, which violation has a Material Adverse Effect, or (ii) subject to or in default with respect to any Court Order which has a Material Adverse Effect.

  • No Adverse Interpretation of Other Agreements This Indenture may not be used to interpret any other indenture, loan or debt agreement of the Company or its Subsidiaries or of any other Person. Any such indenture, loan or debt agreement may not be used to interpret this Indenture.

  • No Adverse Selection No selection procedures adverse to Noteholders have been employed in selecting the Contracts.

  • Financial Condition; No Material Adverse Effect (a) The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein and (ii) fairly present in all material respects the financial condition of the Acquired Company and its Subsidiaries as of the respective dates thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein. (b) The Unaudited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein, and (ii) fairly present in all material respects the financial condition of the Acquired Company and its Subsidiaries as of the dates thereof and their results of operations for the periods covered thereby, subject, in the case of clauses (i) and (ii), to the absence of footnotes and to normal year-end audit adjustments. (c) The Borrower has heretofore furnished to the Joint Lead Arrangers the consolidated pro forma balance sheet of the Borrower and its Subsidiaries as of March 31, 2015, and the related consolidated pro forma statement of operations of the Borrower as of and for the twelve-month period then ended (such pro forma balance sheet and statement of operations, the “Pro Forma Financial Statements”), which have been prepared giving effect to the Transactions (excluding the impact of purchase accounting effects required by GAAP) as if such Transactions had occurred as of such date (in the case of such balance sheet) or at the beginning of such period (in the case of such statement of operations). The Pro Forma Financial Statements have been prepared in good faith, based on assumptions believed by the Borrower to be reasonable as of the date of delivery thereof, and present fairly in all material respects on a pro forma basis and in accordance with GAAP the estimated financial position of the Borrower and its Subsidiaries as of March 31, 2015, and their estimated results of operations for the periods covered thereby, assuming that the Transactions had actually occurred as of such date (in the case of such balance sheet) or at the beginning of such period (in the case of such statement of operations). (d) Since the Closing Date, there has been no Material Adverse Effect.

  • Company Material Adverse Effect Since the date of this Agreement, there shall not have been any Company Material Adverse Effect or any event, change, or effect that would, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect.

  • Parent Material Adverse Effect Since the date of this Agreement, there shall not have been any Parent Material Adverse Effect or any event, change, or effect that would, individually or in the aggregate, reasonably be expected to have a Parent Material Adverse Effect.

  • No Material Adverse Effect Since the date of this Agreement, there shall not have occurred any Material Adverse Effect.

  • Material Adverse Effect The occurrence of any event or condition that has had, or could reasonably be expected to have, a Material Adverse Effect.

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