EXPANDED HEADWATERS RESERVE Sample Clauses

EXPANDED HEADWATERS RESERVE. Under this alternative, a 61,000-acre reserve would be established instead the 7,500-acre reserve contemplated in the Headwaters Agreement. The approximate design of the reserve would be a large circle encompassing the six redwood xxxxxx (Xxxxx Creek, Shaw Creek, Xxxx-Xxxxxxxx, Right 9, Owl Creek, and Elkhead Springs) and the Headwaters tract and buffer. Outside of the reserve, the remainder of XXXXX’s property would be managed in the same manner as proposed in this Plan. Approximately 30 percent of PALCO’s holdings in the plan area would become part of the reserve, including stands with significant amounts of high-quality, old-growth timber. PALCO is unwilling to commit such a large amount of land to habitat without compensation, and neither the federal FESA nor CESA requires such a commitment. The only method of creating the preserve, then, is through condemnation or voluntary sale. Neither the federal nor the state government has demonstrated that funds are available to acquire the reserve; and California voters have turned down ballot measures aimed at acquiring this property. The acquisition amount would far exceed any conservation acquisition undertaken by the federal and state governments since the enactment of the Land and Water Conservation Fund. In the absence of available funds for acquisition of the land, this alternative is not practicable.
Sample 1
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Related to EXPANDED HEADWATERS RESERVE

  • Headings The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

  • Construction The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • General Provisions In connection with any Registration Statement and any Prospectus required by this Agreement to permit the sale or resale of Transfer Restricted Securities (including, without limitation, any Registration Statement and the related Prospectus required to permit resales of Initial Securities by Broker-Dealers), each of the Company and the Guarantors shall:

  • Termination for Convenience TIPS may, by written notice to Vendor, terminate this Agreement for convenience, in whole or in part, at any time by giving thirty (30) days’ written notice to Vendor of such termination, and specifying the effective date thereof.

  • Evaluation 1. The purposes of evaluation provisions include providing employees with feedback, and employers and employees with the opportunity and responsibility to address concerns. Where a grievance proceeds to arbitration, the arbitrator must consider these purposes, and may relieve on just and reasonable terms against breaches of time limits or other procedural requirements.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Term of Agreement This Agreement shall continue in full force and effect until the tenth (10th) anniversary of Bank Closing; provided, that the provisions of Section 6.3 and 6.4 shall survive the expiration of the term of this Agreement; and provided further, that the receivership of the Failed Bank may be terminated prior to the expiration of the term of this Agreement, and in such event, the guaranty of the Corporation, as provided in and in accordance with the provisions of Section 12.7 shall be in effect for the remainder of the term of this Agreement. Expiration of the term of this Agreement shall not affect any claim or liability of any party with respect to any (i) amount which is owing at the time of such expiration, regardless of when such amount becomes payable, and (ii) breach of this Agreement occurring prior to such expiration, regardless of when such breach is discovered.

  • HEALTH AND SAFETY 16.01 The Employer, Union and the employees shall comply with the provisions of the Occupational Health and Safety Act where and when applicable. The Employer shall provide working conditions at all times which are not prejudicial to the health or efficiency of the workers. Employees are required to report to their Employer any unsafe work conditions, or violation of any safe work policies or procedures established by the Employer, or any violation of relevant safe work legislation.

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