Doc. Grantor reserves all of the oil, gas and other minerals in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling or pumping the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside the acquired parcel and upon the condition that none of such operations shall be conducted so near the surface of said land as to interfere with the intended use thereof or in any way interfere with, jeopardize, or endanger the facilities of Xxxxxxxxxx County, Texas or create a hazard to the public users thereof; it being intended, however, that nothing in this reservation shall affect the title and the rights of Grantee to take and use without additional compensation any, stone, earth, gravel, caliche, iron ore, gravel or any other road building material upon, in and under said land for the construction and maintenance of CR 000/Xxxxxxxxxxxx Xxxx. This deed is being delivered in lieu of condemnation.
Doc. MS may provide additional or successor online tools or websites to be used by Company in the normal course of its business with MS. Company agrees to use such resources for all intended purposes.
Doc. No. ; Page No. ; Book No. ; Series of 20 .
Doc. The DOC will participate in the application and permit process whenever and to the extent that resources subject to its jurisdiction are involved, including consultations pursuant to the ESA, the MSFCMA, and NMSA, and authorizations issued pursuant to the MMPA.
Doc. The authority for the DOC to enter into this MOU includes sections 1221(h), 119 Stat. 594, 946-951 (2005) and 16 U.S.C. 824p. The Authority for the DOD to enter into this MOU includes the Energy Policy Act of 2005, Pub. L. No. 109-58,§§ 368, 372, 119 Stat. 727-728, 734-735 (2005), and 10 U.S.C. § 2668, and the Xxxxx Act, 10 U.S.C. §§ 670a-670f, and The Military Lands Withdrawal Act of 1999, Pub. L. No. 106-65, §§ 113 Stat. 885 (1999). The United States Army Corps of Engineers (USACE) within DOD is responsible for administering laws for the protection and preservation of waters of the United States, pursuant to the requirements of section 10 of the Rivers and Harbors Act (RHA) of 1899 and section 404 of the CWA. Under the RHA the USACE may authorize work and/or structures in or affecting the course, condition, location or capacity of navigable waters of the United States. Under the CWA, the USACE may authorize the discharge of dredged or fill material into waters of the United States, including wetlands, where the USACE determines that the proposed action is the least environmentally damaging practicable alternative. A USACE permit is required whether the work in waters is permanent or temporary. Examples of temporary discharges include dewatering of dredged material prior to final disposal, and temporary fills for access roadways, cofferdams, storage and work areas. A USACE permit is required whether work is proposed on federally-owned land or private property.
Doc. Xxx. Xxxxx Xxxxx, PhD. Xxx. Xxxxxx Xxxxxxxx
Doc. The parties proceeded to merits discovery, exchanging fundamental information related to their claims and defenses in this lawsuit. Among other information, Defendants produced all meeting minutes of the Plans’ fiduciaries, materials prepared in connection with those meetings, Plan documents, service provider agreements, fee and performance disclosures, and other materials requested by Class Counsel. The parties took the depositions of six named Plaintiffs and seven University of Pennsylvania affiliated witnesses.
Doc. XXX has authority to enter into this MOU pursuant to FAST-41, EO 13807, OPA, ESA, NEPA, MMPA, FWCA, and the Xxxxxxxx-Xxxxxxx Fishery Conservation and Management Act (16 USC 1801 et seq.).
Doc by rules, regulation or order of the Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order.
