Effect of Inadequate Funding Sample Clauses

Effect of Inadequate Funding. In the event there is inadequate funding to implement the HCP/NCCP, USFWS and CDFG will assess the impact of the funding deficiency on the scope and validity of the Permits. Unless the Permittees exercise the authority to withdraw pursuant to Section 20.0 of this Agreement or the Wildlife Agencies revoke the Permits pursuant to Section 19.0 of this Agreement, the Parties agree that they will meet and confer to cooperatively develop a strategy to address the funding shortfall, and to undertake all practicable efforts to maintain the level of conservation and Take authorization afforded by the Permits until the funding situation can be remedied.
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Effect of Inadequate Funding. If funding becomes inadequate to implement the Plan, the Wildlife Agencies will assess the impact of the funding deficiency on the scope and validity of the Permits. Except in cases of withdrawal by Permittee or permit revocation by the Wildlife Agencies, the Parties agree to meet and confer to develop a strategy to address the funding shortfall, and to undertake all practicable efforts to maintain the level of conservation and Take authorization afforded by the Permits consistent with protection of the Covered Species and their habitats until the funding situation can be remedied. If circumstances warrant suspension or revocation of the Federal Permit or State Permit, in whole or in part, the applicable Wildlife Agency(ies) shall use its reasonable efforts to meet and confer with the Permittee within thirty (30) days of such determination to identify potential actions, if any, that may be available to forestall the suspension or revocation of a Permit(s).
Effect of Inadequate Funding. In the event there is inadequate funding to implement the BRCP, the Wildlife Agencies will assess the impact of the funding deficiency on the scope and validity of the Permits. Unless the Permittees exercise the authority to withdraw, as provided in Agreement Section 7, or the Wildlife Agencies revoke the Permits, in whole or in part, as provided in Agreement Section 7, the Parties agree that they will meet and confer to develop a strategy to address the funding shortfall and to undertake all practicable efforts to maintain both the level of conservation provided under the BRCP and the level of Authorized Take coverage afforded by the Permits until the funding deficiency can be remedied. The strategy to address a funding shortfall may include, but is not necessarily limited to, the actions described in BRCP Chapter 9, Section 9.3.1. However, the Permittees do not intend to, nor are they required to use, funds from their respective general funds to implement the BRCP in the event of funding shortfalls, either in the short term or the long term. If overall BRCP fee revenues for the term of the Permits fall short of BRCP projections because fewer Covered Activities are proposed or implemented, the resulting shortfall in BRCP funding could prevent or constrain the Permittees’ ability to implement the BRCP fully. If it appears that the allowed Authorized Take will not be used during the term of the Permits, substantially reducing BRCP fee revenues, the Parties anticipate that the Permittees will apply for an extension of the Permits in accordance with Agreement Section 7.5 to allow the full use of Authorized Take and full implementation of the BRCP, or will apply for a Permit modification or amendment in accordance with Agreement Section .
Effect of Inadequate Funding. In the event there is inadequate funding to implement the BRCP, the Wildlife Agencies will assess the impact of the funding deficiency on the scope and validity of the Permits. Unless the Permittees exercise the authority to withdraw, as provided in Agreement Section 7, or the Wildlife Agencies revoke the Permits, in whole or in part, as provided in Agreement Section 7, the Parties agree that they will meet and confer to develop a strategy to address the funding shortfall and to undertake all practicable efforts to maintain both the level of conservation provided under the BRCP and the level of Authorized Take coverage afforded by the Permits until the funding deficiency can be remedied. The strategy to address a funding shortfall may include, but is not necessarily limited to, the actions described in BRCP Chapter 10, Section 10.2.3. However, the Permittees do not intend to, nor are they required to use, funds from their respective general funds to implement the BRCP in the event of funding shortfalls, either in the short term or the long term.
Effect of Inadequate Funding. If funding is inadequate to implement the NCCP/HCP, USFWS and CDFG will assess the impact of the funding deficiency on the scope and validity of the Permits. Unless the Water Authority withdraws pursuant to Section 20.0 of this Agreement or the Wildlife Agencies revoke the Permits pursuant to Section 19.0 of this Agreement, the Parties agree to meet and confer to develop a strategy to address the funding shortfall, and to undertake all practicable efforts to maintain the level of conservation and Take authorization afforded by the Permits until the funding situation can be remedied. Where the Water Authority has funded an endowment or has provided a supplemental endowment to fully satisfy certain mitigation obligations under the NCCP/HCP and the endowment or supplemental endowment has been reviewed and approved in writing as adequate by the Wildlife Agencies, the endowment and any supplemental endowment are deemed adequate funding to carry out such obligations and the Wildlife Agencies shall not require additional funds or resources.

Related to Effect of Inadequate Funding

  • Effect of Non-Compliance Failure to comply with the requirements set forth herein may result in termination of this Agreement and/or ineligibility for award of future contracts.

  • Limitation on Duties Regarding Collateral The Agent's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code or otherwise, shall be to deal with it in the same manner as the Agent deals with similar securities and property for its own account. Neither the Agent, any Bank nor any of their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Pledgor or otherwise.

  • Limitation on Duties Regarding Preservation of Collateral The Lender's duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither the Lender nor any of its directors, officers or employees shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Borrower or otherwise.

  • No Changes that Materially Affect Obligations Notwithstanding anything in this Agreement to the contrary, the Fund agrees not to make any modifications to its registration statement or adopt any policies which would affect materially the obligations or responsibilities of PFPC Trust hereunder without the prior written approval of PFPC Trust, which approval shall not be unreasonably withheld or delayed.

  • Independent Effect of Covenants The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII or IX, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII or IX.

  • Effect of Breach In the event that Executive breaches any provision of this Agreement, Executive agrees that the Company may suspend all payments to Executive under this Agreement (including any Severance Payment), recover from Executive any damages suffered as a result of such breach and recover from Executive any reasonable attorneys’ fees or costs it incurs as a result of such breach. In addition, Executive agrees that the Company may seek injunctive or other equitable relief, without the necessity of posting bond, as a result of a breach by Executive of any provision of this Agreement.

  • Effect of Default If Tenant is in Default, Landlord is irrevocably authorized, as Tenant’s agent and attorney-in-fact, to direct any transferee under any sublease, license or other occupancy agreement to make all payments under such agreement directly to Landlord (which Landlord shall apply towards Tenant’s obligations hereunder) until such Default is cured. Such transferee shall rely upon any representation by Landlord that Tenant is in Default, whether or not confirmed by Tenant.

  • EFFECT OF COMPLIANCE Compliance with and fulfillment of this Agreement shall be deemed to resolve all issues raised in the NOV.

  • Effect of Agreement Nothing herein contained shall be deemed to require to the Trust to take any action contrary to its Declaration of Trust or its By-Laws or any applicable law, regulation or order to which it is subject or by which it is bound, or to relieve or deprive the Trustees of the Trust of their responsibility for and control of the conduct of the business and affairs of the Trust.

  • Effect of Investigation The representations, warranties and covenants of the Indemnifying Party, and the Indemnified Party’s right to indemnification with respect thereto, shall not be affected or deemed waived by reason of any investigation made by or on behalf of the Indemnified Party (including by any of its Representatives) or by reason of the fact that the Indemnified Party or any of its Representatives knew or should have known that any such representation or warranty is, was or might be inaccurate or by reason of the Indemnified Party’s waiver of any condition set forth in Section 7.02 or Section 7.03, as the case may be.

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