FINDING OF EFFECT Sample Clauses

FINDING OF EFFECT. A. Finding of No State-Owned Historical Resources Affected Pursuant to PRC 5024(f) and PRC 5024.5 1. Where Caltrans has consulted with Indian Tribes or interested parties concerning the NRHP or CHL eligibility of state-owned historical resources, Caltrans shall consult with those Indian Tribes or other interested parties on the potential effects of the project or activity. Caltrans shall take their views into account in making its findings. 2. If the Caltrans District finds either that no state-owned historical resources are present, or that state-owned historical resources are present but the project or activity will have no effect on them, the Caltrans District shall document the finding in the HRCR and retain a copy in the District file in accordance with Stipulation XVII. The Caltrans District, as appropriate, shall notify any interested parties cited in Stipulation IX.A.1 of the finding and make documentation available to them unless they have indicated that they do not wish to receive such documentation. Following satisfactory completion of these steps, no further review pursuant to this MOU is required. B. Finding of State-Owned Historical Resources Affected Pursuant to PRC 5024(f) and PRC 5024.5 If the Caltrans District finds there are state-owned historical resources that will be affected by the project or activity, the Caltrans District shall comply with Stipulation X.
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FINDING OF EFFECT. If NRCS determines and the SHPO concurs that historic properties will be affected by the undertaking, NRCS will apply the Criteria of Adverse Effect or Finding of No Adverse Effect and shall allow a 30 day review period to consulting parties (and in accordance with 36 CFR 800.6
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FINDING OF EFFECT. 367 A. Finding of No Historic Properties Affected Pursuant to 36 CFR § 800.4(d)(1) 368 1. Where Caltrans has consulted with Indian tribes, or other consulting parties concerning 369 historic properties, Caltrans shall consult with those tribes or other consulting parties on the 370 potential effects of the undertaking. Caltrans shall take their views into account in making 371 its findings.
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FINDING OF EFFECT. A Finding of Effect Document will be prepared for the project. It is anticipated that the finding will be “No Adverse Effect”. CONSULTANT will complete the Finding, coordinate with INDOT – CRO and the consulting parties, and publish the notice in a local paper. If a finding of “Adverse Effect” is found, CONSULTANT will coordinate with BFS regarding the change of scope for the project. A field reconnaissance will be conducted during the growing season of April 15 through October 15 by a CONSULTANT wetland scientist. The work will be in accordance with the U.S. Army Corps of Engineers Wetland Delineation Manual of January 1987 and the August 2010 Midwest Regional Supplement Manual (Version 2.0). A delineation of identified wetland areas would be conducted. Identified waterways will also be surveyed to determine if they meet the definition of a Waters of the U.S. A final report of the findings will be completed for inclusion in the environmental document. If stream or wetland mitigation is determined to be required, an addendum to this scope and fee would be issued defining the necessary design services. CONSULTANT shall prepare the USACE 404 Regional General Permit (RGP) application and supporting materials for USACE approval. Permit document development services will include: • Preparation of the permit application forms for client submittal, including supporting materials, such as written description of project purpose. • Compile all required reports and studies completed as required to obtain an USACE 404 RGP. CONSULTANT shall prepare the IDEM 401 Water Quality Certification permit application and supporting materials for IDEM approval. Permit document development services will include: • Preparation of the permit application forms for client submittal including supporting materials such as written description of project purposes. xxx.xxxxxxxxx.xxx 0000 Xxxxxxxxx Xxxxx, Xxxxxxxxxxxx, XX 00000 • t 317.400.1633 • f 855.808.8227 • Compile all required reports and studies completed as required to obtain an IDEM 401 Water Quality Certification permit. • CONSULTANT will require the following information to prepare and submit the permit applications: o Purpose and need statement. o Project description. o Total linear feet and acreage of impact in a stream and/or acreage of impact in wetlands (if there are multiple streams or wetlands, then a breakdown of the impacts to each area is needed).
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FINDING OF EFFECT. ☐ VA has determined the Component Project will result in Adverse Effects to Historic Properties per 36 CFR § 800.5(d)(2) Click or tap here to enter text. ☐ VA has determined the Component Project will result in No Adverse Effect to Historic Properties per 36 CFR § 800.5(b) Click or tap here to enter text. ☐ VA has determined No Historic Properties will be Affected by the Component Project per 36 CFR § 800.4(d)(1) Click or tap here to enter text. ☐ Proposed mitigation: Click or tap here to enter text. Façade or overview Affected area (include additional as necessary) 899 • Provide text, photos, and maps to the City of Roseburg to expand the “Historic Resources in the 900 City of Roseburg, OR” Story Map 901 (xxxxx://xxxxxxxxx.xxxxxx.xxx/stories/05b70792949749eb93df71b7532b88af). 902 o Resources shall include the Roseburg VAMC, the Roseburg National Cemetery and 903 National Cemetery Annex, and the Oregon State Soldiers Home. 904 • Submit digital one-page coloring sheets of the historic resources of the RVAHHD, including the 905 roadways and landscapes, to the City of Roseburg to inform local children of historic resources in 906 their area. 907 o Pages shall include context suitable for children in grades K-3. 908 o Pages shall be suitable for distribution through the City of Roseburg Parks & Recreation 909 Department website (xxxxx://xxx.xxxxxxxxxxxxxx.xxx/departments/parks-and- 910 recreation). 911 • Install historic photos of the Building 1 lobby in the lobby of Building 100. 912 • Historic American Buildings Survey (HABS) documentation of a historic medical and/or former 913 Quarters building. 914 • Historic American Landscapes Survey (HALS) documentation of the Ellipse.
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FINDING OF EFFECT 
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Related to FINDING OF EFFECT

  • Representations and Warranties of Executive Executive represents and warrants to the Company that— (a) Executive is entering into this Agreement voluntarily and that Executive’s employment hereunder and compliance with the terms and conditions hereof will not conflict with or result in the breach by Executive of any agreement to which Executive is a party or by which Executive may be bound; (b) Executive has not violated, and in connection with Executive’s employment with the Company will not violate, any non-solicitation, non-competition, or other similar covenant or agreement of a prior employer by which Executive is or may be bound; and (c) in connection with Executive’s employment with the Company, Executive will not use any confidential or proprietary information Executive may have obtained in connection with employment with any prior employer.

  • Representations of Executive Executive represents and warrants to the Company that: (a) Executive’s acceptance of employment with the Company and the performance of his duties hereunder will not conflict with or result in a violation of, a breach of, or a default under any contract, agreement, or understanding to which he is a party or is otherwise bound; and (b) Executive’s acceptance of employment with the Company and the performance of his duties hereunder will not violate any non-solicitation, non-competition, or other similar covenant or agreement of a prior employer.

  • Representations and Warranties of Servicer The Servicer makes the following representations and warranties on which the Trust shall be deemed to have relied in accepting the Trust Property. The representations and warranties speak as of the execution and delivery of this Agreement and shall survive the sale, transfer, assignment and conveyance of the Trust Property to the Trust pursuant to this Agreement and the pledge of the Trust Property to the Indenture Trustee pursuant to the Indenture.

  • Representation by Counsel Each Party hereby represents that it has had the opportunity to be represented by legal counsel of its choice in connection with the negotiation and execution of this Agreement.

  • REPRESENTATIONS AND COVENANTS OF THE WARRANTHOLDER This Agreement has been entered into by the Company in reliance upon the following representations and covenants of the Warrantholder:

  • Covenants, Representations, and Warranties of Servicer By its execution and delivery of this Agreement, the Servicer makes the following representations, warranties and covenants on which the Trust Collateral Agent relies in accepting the Receivables and on which the Trustee relies in authenticating the Notes. (a) The Servicer covenants as follows:

  • Representations and Warranties of Sponsor The Sponsor represents and warrants to, and agrees with, the Investor that:

  • Representations and Covenants of the Holder This Warrant has been entered into by the Company in reliance upon the following representations and covenants of the Holder, which by its execution hereof the Holder hereby confirms:

  • Representations and Covenants of the Trust A. The Trust hereby represents and warrants to the Distributor, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that: (1) It is duly organized and existing under the laws of the jurisdiction of its organization, with full power to carry on its business as now conducted, to enter into this Agreement and to perform its obligations hereunder; (2) This Agreement has been duly authorized, executed and delivered by the Trust in accordance with all requisite action and constitutes a valid and legally binding obligation of the Trust, enforceable in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; (3) It is conducting its business in compliance in all material respects with all applicable laws and regulations, both state and federal, and has obtained all regulatory approvals necessary to carry on its business as now conducted; there is no statute, rule, regulation, order or judgment binding on it and no provision of its charter, bylaws or any contract binding it or affecting its property which would prohibit its execution or performance of this Agreement; (4) All Shares to be sold by it, including those offered under this Agreement, are validly authorized and, when issued in accordance with the description in the Prospectus, will be fully paid and nonassessable; (5) The Registration Statement, and Prospectus included therein, have been prepared in conformity with the requirements of the 1933 Act and the 1940 Act and the rules and regulations thereunder; and (6) The Registration Statement (at the time of its effectiveness) and any advertisements and sales literature prepared by the Trust or its agent (excluding statements relating to the Distributor and the services it provides that are based upon written information furnished by the Distributor expressly for inclusion therein) shall not contain any untrue statement of material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading, and that all statements or information furnished to the Distributor pursuant to this Agreement shall be true and correct in all material respects. B. The Trust, or its agent, shall take or cause to be taken, all necessary action to register Shares of the Fund under the 1933 Act, qualify such shares for sale in such states as the Trust and the Distributor shall approve, and maintain an effective Registration Statement for such Shares in order to permit the sale of Shares as herein contemplated. The Trust authorizes the Distributor to use the Prospectus, in the form furnished to the Distributor from time to time, in connection with the sale of Shares. C. The Trust agrees to advise the Distributor promptly in writing: (i) of any material correspondence or other communication by the Securities and Exchange Commission (the “SEC”) or its staff relating to the Fund, including requests by the SEC for amendments to the Registration Statement or Prospectus; (ii) in the event of the issuance by the SEC of any stop-order suspending the effectiveness of the Registration Statement then in effect or the initiation of any proceeding for that purpose; (iii) of the happening of any event which makes untrue any statement of a material fact made in the Prospectus or which requires the making of a change in such Prospectus in order to make the statements therein not misleading; (iv) of all actions taken by the SEC with respect to any amendments to any Registration Statement or Prospectus, which may from time to time be filed with the SEC; and (v) in the event that it determines to suspend the sale of Shares at any time in response to conditions in the securities markets or otherwise, or in the event that it determines to suspend the redemption of Shares at any time as permitted by the 1940 Act or the rules of the SEC, including any and all applicable interpretations of such by the staff of the SEC. D. The Trust shall notify the Distributor in writing of the states in which the Shares may be sold and shall notify the Distributor in writing of any changes to such information. E. The Trust agrees to file from time to time such amendments to its Registration Statement and Prospectus as may be necessary in order that its Registration Statement and Prospectus will not contain any untrue statement of material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading. F. The Trust shall fully cooperate in the efforts of the Distributor to sell and arrange for the sale of Shares and shall make available to the Distributor a statement of each computation of net asset value. In addition, the Trust shall keep the Distributor fully informed of its affairs and shall provide to the Distributor, from time to time, copies of all information, financial statements and other papers that the Distributor may reasonably request for use in connection with the distribution of Shares, including without limitation, certified copies of any financial statements prepared for the Trust by its independent public accountants and such reasonable number of copies of the Prospectus and annual and interim reports to shareholders as the Distributor may request. The Trust shall forward a copy of any SEC filings, including the Registration Statement, to the Distributor within one business day of any such filings. The Trust represents that it will not use or authorize the use of any advertising or sales material unless and until such materials have been approved and authorized for use by the Distributor. Nothing in this Agreement shall require the sharing or provision of materials protected by privilege or limitation of disclosure, including any applicable attorney-client privilege or trade secret materials. G. The Trust has reviewed and is familiar with the provisions of FINRA Rule 2830(k) prohibiting directed brokerage. In addition, the Trust agrees not to enter into any agreement (whether orally or in writing) under which the Trust directs or is expected to direct its brokerage transactions (or any commission, markup or other payment from such transactions) to a broker or dealer for the promotion or sale of Fund Shares or the shares of any other investment company. In the event the Trust fails to comply with the provisions of FINRA Rule 2830(k), the Trust shall promptly notify the Distributor.

  • Representations and Warranties of Consultant (a) Consultant has the requisite power and authority to enter into and perform his obligations under this Agreement without the consent, approval or authorization of, or obligation to notify, any person, entity or governmental agency which consent has not been obtained. (b) The execution, delivery and performance of this Agreement by Consultant does not and shall not constitute Consultant’s breach of any statute or regulation or ordinance of any governmental authority, and shall not conflict with or result in a breach of or default under any of the terms, conditions, or provisions of any order, writ, injunction, decree, contract, agreement, or instrument to which the Consultant is a party, or by which Company is or may be bound.

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