Common use of Enough Already Clause in Contracts

Enough Already. 2.2.1.1 A Party may withdraw from this Agreement when at least twenty (20) years has elapsed from March 1, 1998, subject to the following conditions: (1) No Net Impact (NNI) has not been achieved or has been achieved but has not been maintained, or (2) the Project has achieved and maintained NNI but the Plan Species are not rebuilding and the Project is a significant factor in the failure to rebuild. 2.2.1.2 If NMFS and the District are in agreement as to specific Measures to remedy the District’s failure to achieve or maintain NNI and the District promptly implements agreed Measures that are applicable to the District, NMFS will refrain from suspending or revoking the Permit. In the event that NNI has not been achieved or has been achieved but has not been maintained by March 1, 2018, but the District is otherwise performing all obligations assigned to it in the Permit, and is otherwise in full compliance with all terms and conditions of this Agreement and the Permit, NMFS and USFWS will not exercise their right to withdraw from this Agreement or revoke the Permit unless such withdrawal is explicitly to seek drawdown, dam removal, and/or non-power operations, or actions for achievement of NNI. Should the District, NMFS, and USFWS agree under these circumstances, such actions may be pursued without withdrawing from the Agreement or suspension or revocation of the Permit.

Appears in 4 contracts

Samples: Anadromous Fish Agreement and Habitat Conservation Plan, Anadromous Fish Agreement and Habitat Conservation Plan, Anadromous Fish Agreement and Habitat Conservation Plan

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