EXEMPT UNDERTAKINGS Sample Clauses

EXEMPT UNDERTAKINGS. Certain undertakings are exempt from review by DC SHPO once reviewed by the FPO. These include: • Undertakings that address an imminent threat to human health and safety; • Undertakings specifically addressed as exempt through a fully executed PA or an individual MOA executed in conformance with 36 CFR 800.14; and/or • Undertakings specifically addressed in the HPP as AFRH-W EXEMPT ACTIVITIES. AFRH can conduct these activities without notice to, review by, or other action by the FPO unless specifically stated in Table 6.2: AFRH-W EXEMPT ACTIVITIES. It is anticipated that the implementation of Exempt Activities will be recorded in the AFRH-W RI/CRM Database, following the procedures outlined in the Historic Preservation Standard Operating Procedures (HP SOP). TABLE 6.2 AFRH-W EXEMPT ACTIVITIES FOR BUILT RESOURCES (BUILDINGS, STRUCTURES, AND OBJECTS) • Maintenance of exterior elements in accordance with AFRH-W HP SOP for Maintenance; This includes cleaning of masonry, metal, or painted wood with water if the water pressure does not exceed 100 PSI • Repair of exterior elements in accord with AFRH- W HP SOP for Repair when the elements are not visible when viewed from surrounding area • Repair of interior elements in accord with AFRH- W HP SOP for Maintenance when the elements are not visible within contributing spaces • Repair of interior elements located within non- contributing spaces • In-kind refinishing (including painting of previously painted surfaces) of exterior elements in accord with AFRH-W HP SOP for Maintenance when the elements are not visible when viewed from surrounding area • In-kind refinishing of interior elements in accord with AFRH-W HP SOP for Maintenance when the elements are not visible within contributing spaces • Repainting of interior surfaces that were previously painted • In-kind replacement of exterior elements that are not visible when viewed from surrounding area • In-kind replacement of interior elements that are not visible within contributing spaces • In-kind replacement of interior elements within non- contributing spaces • Repair or replacement of small, functional non- original/non-historic elements when not harmful to historic material and the action is reversible • Introduction of energy conservation measures that are not visible or that do not alter or detract from the qualities that make resources contributing or the Historic District eligible • Interior modifications associated with compliance with the Americans with...
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EXEMPT UNDERTAKINGS. The DOE, in consultation with the SHPO and the ACHP, have agreed that specific types of undertakings are exempt from SHPO review (Appendix A). The DOE, the SHPO, and the ACHP may revise Appendix A in accordance with Stipulation XII. Exempt undertakings fall within two categories: 1. Tier I exemptions. All management staff may approve and implement routine maintenance activities, whether or not they meet SOI Professional Qualifications (see Appendix A.I). An undertaking’s Responsible Manager shall ensure that said undertaking is included in Appendix A.I before proceeding. If there is a question whether a proposed undertaking is included in Appendix A.I or whether the undertaking may affect historic properties, the CRPM will consult with the Cultural Resource SME. The CRPM may delegate consultation with the Cultural Resource SME to other Responsible Managers or NNSS contractors for Tier I exemptions. Undertakings qualifying as Tier I exemptions will not be tracked or reported annually to the SHPO. 2. Tier II exemptions. At the CRPM’s direction, SOI-qualified archaeologists, historians, architectural historians, and/or historic architects, as appropriate for the resource or undertaking, will review these activities (see Appendix A.II) to ensure they will not cause effects on historic properties. The Cultural Resource SME will make a recommendation to the CRPM based on the review. The CRPM will make a determination based on the recommendation. Upon such review and determination, the undertaking will be considered exempt from SHPO review. a. The CRPM and Cultural Resource SME will include the undertaking in the Annual Report prepared in accordance with Stipulation VIII.A.4.
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EXEMPT UNDERTAKINGS. (Page 5). Some Forest undertakings, because of their nature and scope, have low potential to affect historic properties. These classes of undertaking shall be exempt from heritage program or Section 106 review. Once classified as an exempt undertaking by a Forest Manager, no further consideration of heritage resources is warranted with regard to that class of undertaking.
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EXEMPT UNDERTAKINGS. A. Definition Many undertakings, by their nature, have little potential to affect historic properties. Classes of undertakings listed in Attachment 4.I. are not subject to review or consultation under 36 CFR 800.
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EXEMPT UNDERTAKINGS. The following classes of undertakings are considered exempt from further review or consultation under the terms of this Agreement, as defined in Stipulation III. Forest managers and planners do not have to notify or consult with FHRMs or FHRSs about these classes of undertakings unless such managers and planners have reason to believe that a specific exempt undertaking may affect historic properties. Classes of exempt undertakings are: 1. easement acquisitions, where the historic properties received are not considered in exchange for any historic properties relinquished; 2. land acquisitions or transfers of administrative control to the Forest Service, where the historic properties received are not considered in exchange for any relinquished; 3. withdrawal revocations; 4. personal use fuel wood and Christmas tree permits; 5. transfer of use authorization from one authority to another when an action such as a boundary adjustment necessitates changing a right-of-way or easement from one authority to another (e.g., Forest Service Special Use Permit to a USFS Title V Right-of-Way); 6. installation of signposts and monuments, when no new ground disturbance is involved; 7. nondisturbing broadcast seeding and mulching for establishment of vegetation; 8. removal of log jams and debris jams using hand labor or small mechanical devices; 9. removal of illicit narcotics equipment from federal land during law enforcement operations, excluding the removal of buildings or structures that may be more than 50 years of age and will not become 50 years of age within five years of the date of execution of this Agreement 10. placement of geophysical seismic monitoring equipment on the surfaced portion or within the prism (area clearly associated with road construction, from road surface to top of cut and/or toe of fill) of a regularly maintained road; and 11. activities that involve less than one cubic meter of cumulative ground disturbance.
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Related to EXEMPT UNDERTAKINGS

  • Additional Undertakings Pledgor will not, without the prior written consent of Pledgee: (a) enter into any agreement amending, supplementing or waiving any provision of any Pledged Interests (including any Organizational Documents or regulations to which such Pledged Interests relate) or compromising or releasing or extending the time for payment of any obligation of the maker thereof, provided that the foregoing shall not be deemed to prohibit any amendment to an Organizational Documents which would not result in impairment of any Collateral or which would not have a material adverse effect; (b) take or omit to take any action the taking or the omission of which would result in any impairment or alteration of (i) any obligation in respect of any Pledged Interests constituting Collateral or (ii) any other instrument constituting Collateral; (c) cause or permit any change to be made in its name, identity, corporate structure or state of incorporation or formation, or any change to be made to a jurisdiction other than as represented in (i) the location of any Collateral, (ii) the location of any records concerning any Collateral or (iii) in the location of its place of business (or, if it has more than one place of business, its chief executive office), unless Pledgor shall have notified Pledgee of such change at least 5 business days prior to the effective date of such change, and shall have first taken all action, if any, reasonably required by Pledgee for the purpose of further perfecting or protecting the security interest in favor of Pledgee in the Collateral; (d) permit the issuance of (i) any additional stock, membership, partnership or other equity interests or units of any class of additional stock, membership, partnership or other equity interests or units of any Pledged Interests Issuer (unless immediately upon such issuance the same are pledged and delivered to Pledgee pursuant to the terms hereof), (ii) any securities convertible voluntarily by the holder thereof or automatically upon the occurrence or nonoccurrence of any event or condition into, or exchangeable for, any additional stock, membership, partnership or other equity interests or units of any Pledged Interests Issuer (unless immediately upon such issuance the same are pledged and delivered to Pledgee pursuant to the terms hereof) or (iii) any warrants, options, contracts or other commitments entitling any Person to purchase or otherwise acquire any such interests or units; or (e) enter into any agreement creating, or otherwise permit to exist, any restriction or condition upon the transfer, voting or control of any Pledged Interests, except as contained in the Organizational Documents in effect as of the date hereof, or restrictions on transfers imposed by federal and state securities laws.

  • GENERAL UNDERTAKINGS The undertakings in this Clause 22 remain in force from the date of this Agreement for so long as any amount is outstanding under the Finance Documents or any Commitment is in force.

  • Financial Undertakings The Borrower will not enter into or remain liable upon, nor will it permit any Subsidiary to enter into or remain liable upon, any Financial Undertaking, except to the extent required to protect the Borrower and its Subsidiaries against increases in interest payable by them under variable interest Indebtedness.

  • Other Undertakings To protect the interests of the Company and its direct and indirect affiliates and subsidiaries (individually, an “IMS Company” and collectively, the “IMS Companies”), including the confidential information of the IMS Companies and the confidential information of their respective customers, data suppliers, prospective customers and other companies with which the IMS Companies have a business relationship, and in consideration of the covenants and promises and other valuable consideration described in this Agreement, the Company and the Participant agree as follows: (a) The Participant acknowledges and agrees that he or she is bound by the confidentiality and other covenants contained in one or more restrictive covenant and confidentiality agreements that he or she has executed with an IMS Company, which covenants and agreements are incorporated herein by reference and shall survive any exercise, expiration, forfeiture or other termination of this Agreement or the SARs issuable hereunder. The Participant also acknowledges and agrees that the Company shall be an affiliate for purposes of such restrictive covenant and confidentiality agreements. (b) The Participant acknowledges that the opportunity to participate in the Plan and the financial benefits that may accrue from such participation, is good, valuable and sufficient consideration for the following: (i) The Participant acknowledges and agrees that he or she is and will remain bound by the non-competition, non-solicitation and other covenants contained in the restrictive covenant and confidentiality agreement(s) that he or she has executed with any of the IMS Companies to the fullest extent permitted by law. (ii) The Participant further acknowledges and agrees that the period during which the non-competition and non-solicitation covenants in such agreement(s) will apply following a termination of Employment shall be extended from twelve (12) months to eighteen (18) months; provided, however, that the remedies available for breach of any non-competition or non-solicitation covenants during such extended six-month period shall be limited to the following: (x) to the extent then outstanding, the forfeiture of the SARs for no consideration, and (y) to the extent the SARs have been exercised on or after the date that is 18 months before Participant’s cessation of Employment, with respect to the shares of Stock issued upon such exercise (including shares withheld for taxes), the Participant shall pay to the Company an amount equal to (A) the aggregate fair market value of such shares of Stock as of the date of exercise, plus (B) the excess, if any, of the aggregate proceeds of all sales of such shares of Stock over the amount described under subsection (A) above. (For this purpose, the Participant’s earliest sales of shares following such exercise will be deemed sales of the shares acquired upon such exercise.) The Company shall also be entitled to the foregoing remedies in the event of a material breach of any confidentiality, non-disclosure or other similar covenant contained in the restrictive covenant and confidentiality agreement(s) that the Participant has executed with an IMS Company. (iii) The Participant further acknowledges and agrees to the Company’s application, implementation and enforcement of (a) such policy set forth in Section 8(b)(ii) of this Agreement and (b) any provision of applicable law or Company policy relating to cancellation, recoupment, rescission or payback of compensation and expressly agrees that the Company may take such actions as are necessary to effectuate such policy (as applicable to the Participant) or applicable law without further consent or action being required by the Participant. For purposes of the foregoing, the Participant expressly and explicitly authorizes the Company to issue instructions, on the Participant’s behalf, to any brokerage firm and/or third party administrator engaged by the Company to hold Participant’s shares of Stock and other amounts acquired under the Plan to re-convey, transfer or otherwise return such shares of Stock and/or other amounts to the Company. To the extent that the terms of this Agreement and such policy conflict, the terms of such policy shall prevail. (iv) By accepting the SARs, the Participant consents to one or more deductions from any amounts any IMS Company owes the Participant from time to time in an aggregate amount equal to all amounts described in subsection (ii) above, to the extent such deductions are permitted by applicable law. Any such deduction from an amount that constitutes a deferral of compensation under Code Section 409A may only take place at the time the amount would otherwise be payable to the Participant, except to the extent permitted by Code Section 409A.

  • INFORMATION UNDERTAKINGS The undertakings in this Clause 20 remain in force from the date of this Agreement for so long as any amount is outstanding under the Finance Documents or any Commitment is in force.

  • Further Undertakings The Parties agree to promptly execute the documents which are reasonably required or positive for the purpose of implement of this Agreement, and to take further actions which are reasonably required or positive for the purpose of implement of this Agreement.

  • Undertakings The Company shall comply with all the provisions of any undertakings contained and required to be contained in the Registration Statement.

  • Compliance with certain undertakings At the date of this Agreement, the Borrower is in compliance with Clauses 11.2, 11.4, 11.9 and 11.13.

  • Negative undertakings The Borrowers jointly and severally undertake with each Creditor that, from the date of this Agreement and so long as any moneys are owing under the Security Documents and while all or any part of the Total Commitment remains outstanding, they will not, without the prior written consent of the Agent (acting on the instructions of the Majority Banks): 8.3.1 Negative pledge permit any Encumbrance (other than a Permitted Encumbrance) to subsist, arise or be created or extended over all or any part of their respective present or future undertakings, assets, rights or revenues to secure or prefer any present or future Indebtedness or other liability or obligation of any Relevant Party or any other person;

  • COMPLIANCE UNDERTAKINGS 6.1. The Fund undertakes to comply with Subchapter M and Section 817(h) of the Code, and all regulations issued thereunder. 6.2. The Company shall amend the Contracts Registration Statements under the 1933 Act and the Account's Registration Statement under the 1940 Act from time to time as required in order to effect the continuous offering of the Contracts or as may otherwise be required by applicable law. The Company shall register and qualify the Contracts for sale to the extent required by applicable securities laws of the various states. 6.3. The Fund shall amend the Fund Registration Statement under the 1933 Act and the 1940 Act from time to time as required in order to effect for so long as Fund shares are sold the continuous offering of Fund shares as described in the then currently effective Fund Prospectus. The Fund shall register and qualify Fund shares for sale to the extent required by applicable securities laws of the various states. 6.4. The Company shall be responsible for assuring that any prospectus offering a Contract that is a life insurance contract where it is reasonably possible that such Contract would be deemed a "modified endowment contract," as that term is defined in Section 7702A of the Code, will describe the circumstances under which a Contract could be treated as a modified endowment contract (or policy). 6.5. To the extent that it decides to finance distribution expenses pursuant to Rule 12b-1, the Fund undertakes to have a Fund Board of Directors, a majority of whom are not interested persons of the Fund, formulate and approve any plan under Rule 12b-1 to finance distribution expenses. (a) When appropriate in order to inform the Fund of any applicable state-mandated investment restrictions with which the Fund must comply, the Company shall arrange with the Fund to amend Schedule 3, pursuant to the requirements of Article XI. (b) Should the Fund become aware of any restrictions which may be appropriate for inclusion in Schedule 3, the Company shall be informed immediately of the substance of those restrictions.

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