Disposal of Land by Permittees. Any Permittee’s transfer of ownership or control of Covered Land will require an amendment of the permit in accordance with section 13.2 of this Agreement, and such Permittee shall complete mitigation of any as yet unmitigated impacts of take of Covered Species relating to such Covered Land, except that transfers of Covered Lands may be processed as minor modifications in accordance with section 13.1 of this Agreement if:
Disposal of Land by Permittees. Permittees may not sell any lands included in Covered Lands, or exchange any portion thereof, to any new party during the term of this IA, unless (a) the ITP and HCP are modified to delete such lands; or (b) the lands are transferred to a third party who has agreed to be bound by the terms of the HCP. In responding to any requests to remove lands from Covered Lands, the FWS shall consent to such proposed removal unless it finds that the proposed removal of land would materially compromise the effectiveness of the HCP. In such a case, the FWS shall notify Permittees in writing of this determination, and the Parties shall promptly meet to discuss potential modifications to the ITP, PA and HCP to address the FWS’ concerns. If Permittees sell or exchange any of the Covered Lands, upon sale or exchange such lands shall not be deemed a portion of the Covered Lands.
