Common use of Duty to Enforce Clause in Contracts

Duty to Enforce. Plan Permittees shall undertake all necessary actions to enforce all applicable terms of the HCP, this Agreement and the Permit as to itself, and any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued over which Plan Permittees have committed to enforce the terms of the HCP, this Agreement and the Permit. Any substantial non-compliance by Plan Permittees, or any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued may be deemed by USFWS a violation of the Permit by Plan Permittees. In addition, any failure by Plan Permittees to enforce the applicable provisions of the HCP, this Agreement or the Permit against itself, or any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued may be deemed by USFWS a non-compliance by Plan Permittees with the HCP, this Agreement or the Permit and a violation of the Permit by Plan Permittees. USFWS shall take into account all efforts undertaken by Plan Permittees to enforce the terms of the HCP, this Agreement and the Permit as to itself, any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued and all actions taken by Plan Permittees to redress the effects of such non-compliance, particularly the enforcement efforts and redress actions specifically described in the HCP.

Duty to Enforce. Plan Permittees shall undertake all necessary actions to enforce all applicable terms of the HCP, this Agreement and the Permit as to itself, and any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued over which Plan Permittees have committed to enforce the terms of the HCP, this Agreement and the Permit. Any substantial non-compliance by Plan Permittees, or any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued may be deemed by USFWS a violation of the Permit by Plan Permittees. In addition, any failure by Plan Permittees to enforce the applicable provisions of the HCP, this Agreement or the Permit against itself, or any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued may be deemed by USFWS a non-compliance by Plan Permittees with the HCP, this Agreement or the Permit and a violation of the Permit by Plan Permittees. USFWS shall take into account all efforts undertaken by Plan Permittees to enforce the terms of the HCP, this Agreement and the Permit as to itself, any entity or individual for which a Development Authorization or Special Participating Entity approval has been issued and all actions taken by Plan Permittees to redress the effects of such non-compliance, particularly the enforcement efforts and redress actions specifically described in the HCP.