Common use of Early Termination Mitigation Clause in Contracts

Early Termination Mitigation. If the Permit is terminated early and de-listing has not occurred, NMFS may require the District to mitigate for any past incidental take of Permit Species that has not been sufficiently mitigated prior to the date of termination. Such mitigation may require the District to continue relevant mitigation measures of the Agreement for some or all of the period, which would have been covered by the Permit. NMFS agrees that the District may invoke the dispute resolution procedures of this Agreement to pursue resolution of any disagreement concerning the necessity or amount of such additional mitigation, NMFS reserves any authority it may have under the ESA or its regulations regarding additional mitigation. So long as the District meets and continues to meet the survival standard, its Tributary Plan funding obligations, and its Hatchery Plan funding and capacity obligations early termination mitigation shall not apply to the District.

Early Termination Mitigation. If the Permit is terminated early and de-de- listing has not occurred, NMFS may require the District to mitigate for any past incidental take of Permit Species that has not been sufficiently mitigated prior to the date of termination. Such mitigation may require the District to continue relevant mitigation measures Measures of the Agreement for some or all of the period, which would have been covered by the Permit. NMFS agrees that the District may invoke the dispute resolution procedures of this Agreement to pursue resolution of any disagreement concerning the necessity or amount of such additional mitigation, NMFS reserves any authority it may have under the ESA or its regulations regarding additional mitigation. So long as the District meets and continues to meet the pertinent survival standardstandards, its Tributary Plan funding obligations, and its Hatchery Plan funding and capacity obligations obligations, early termination mitigation shall not apply to the District.

Early Termination Mitigation. If the Permit is terminated early and de-listing has not occurred, NMFS may require the District to mitigate for any past incidental take of Permit Species that has not been sufficiently mitigated prior to the date of termination. Such mitigation may require the District to continue relevant mitigation measures of the Agreement for some or all of the period, which would have been covered by the Permit. NMFS agrees that the District may invoke the dispute resolution procedures of this Agreement to pursue resolution of any disagreement concerning the necessity or amount of such additional mitigation, NMFS reserves any authority it may have under the ESA or its regulations regarding additional mitigation. So long as the District meets and continues to meet the survival standardstandards, its Tributary Plan funding obligations, and its Hatchery Plan funding and capacity obligations early termination mitigation shall not apply to the District.