Common use of Fisheries Mitigation Plan Clause in Contracts

Fisheries Mitigation Plan. Seller has provided as Exhibit E to this Agreement a Fisheries Mitigation Plan. The Parties contemplate that the Fisheries Mitigation Plan will evolve due to various factors, including, but not limited to, the consultation with the Consulting State Agencies and technical working group participation described above, and through interactions with BOEM and other federal agencies during the federal review of the Site Assessment Plan (“SAP”) and COP. Seller shall amend the Fisheries Mitigation Plan from time to time to reflect such continuing consultation and processes and shall provide updated Fisheries Mitigation Plans to NYSERDA. Seller may also amend the Fisheries Mitigation Plan in ways that do not derive from consultation with state or federal agencies if (i) such amendment does not materially reduce Seller’s mitigation commitments in the Fisheries Mitigation Plan, or (ii) NYSERDA consents in writing (such consent not to be unreasonably withheld, conditioned, or delayed). Updates to the Fisheries Mitigation Plan shall be noted in the quarterly progress reports required by Section 6.02. Seller shall undertake all activities and perform all obligations described in the Fisheries Mitigation Plan, as provided in Exhibit E and updated from time to time, unless excused by NYSERDA on the grounds that such activities or obligations are impractical in light of project objectives or unnecessary to protect fishery resources. In the case of any inconsistency between Exhibit E and the body of this Agreement, the body of this Agreement shall control.

Fisheries Mitigation Plan. Seller has provided as Exhibit E to this Agreement a Fisheries Mitigation Plan. The Parties contemplate that the Fisheries Mitigation Plan will evolve due to various factors, including, but not limited to, the consultation with the Consulting State Agencies Agency Consultation and technical working group participation Technical Working Group Participation described above, and through interactions with BOEM and other federal agencies during the federal review of the Site Assessment Plan (“SAP”) and COP. Seller shall amend the Fisheries Mitigation Plan from time to time to reflect such continuing consultation and processes and shall provide updated Fisheries Mitigation Plans to NYSERDA. Seller may also amend the Fisheries Mitigation Plan in ways that do not derive from consultation with state or federal agencies if (i) such amendment does not materially reduce Seller’s mitigation commitments in the Fisheries Mitigation Plan, or (ii) NYSERDA consents in writing (such consent not to be unreasonably withheld, conditioned, or delayed). Updates to the Fisheries Mitigation Plan shall be noted in the quarterly progress reports required by Section 6.02. Seller shall undertake all activities and perform all obligations described in the Fisheries Mitigation Plan, as provided in Exhibit E and updated from time to time, unless excused by NYSERDA on the grounds that such activities or obligations are impractical in light of project objectives or unnecessary to protect fishery resources. In the case of any inconsistency between Exhibit E and the body of this Agreement, the body of this Agreement shall control.