Hole Arctic Grayling CCAA Rapid Assessments and Compliance Monitoring Sample Clauses

Hole Arctic Grayling CCAA Rapid Assessments and Compliance Monitoring. ‌ The Participating Landowners in the Big Hole Arctic Grayling CCAA allow the Agencies to complete a “rapid assessment” of the enrolled property within 90 days of enrolling. The rapid assessment focuses on identifying immediate threats to Arctic Grayling and validating water rights compliance. Immediate threats to Arctic Grayling may include structures, mechanical devices or pollutants that pose a threat of immediate mortality. Examples include unscreened pumping from or toxic effluent entering a stream. Additional information may be gathered during rapid assessments that assist with the development of the site-specific conservation plan with the Participating Landowner (Xxxxxxxx and Xxxxxxx 2006).
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Related to Hole Arctic Grayling CCAA Rapid Assessments and Compliance Monitoring

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  • Environmental Assessment Buyer shall have the right for a period commencing upon execution of this Agreement by both parties and ending on November 28, 2012, to conduct an environmental assessment of the Assets, at Buyer’s sole risk, liability and expense. Seller shall make available to Buyer, during the environmental assessment period described above, Seller’s historical files regarding prior operations on the Assets, and provide Buyer and its representatives with reasonable access to the Assets to conduct the environmental assessment. Buyer shall provide Seller three (3) days prior written notice of a desired date(s) for such assessment and Seller shall have the right to be present during any assessment and, if any testing is conducted pursuant to Seller’s express prior written consent, Seller may require splitting of all samples. Notwithstanding any other provision of this Agreement to the contrary, Buyer shall not have the right to drill any test, monitor or other xxxxx or to extract samples of any air, soil, water or other substance from the Assets without Seller’s express prior written consent. If Buyer proposes a reasonable request to drill a test well or extract a sample pursuant to a systematic and customary procedure for the assessment of the environmental condition of the Assets and Seller refuses to grant its consent to such a well or sampling, then Buyer shall have the right, for a period of seventy-two (72) hours following notification of Seller’s refusal to consent, to deliver written notice to Seller of Buyer’s election to exclude from this transaction the portion of the Assets affected by such proposed test well or sample, and the Purchase Price shall be adjusted accordingly by the Allocated Value of such portion of the Assets so excluded. Under no circumstances whatsoever shall Seller ever be obligated to grant its consent to any such test xxxxx or sampling proposed by Buyer, and Buyer’s sole and exclusive remedy for any refusal by Seller to grant its consent shall be the limited right contained in the preceding sentence to exclude the affected Assets from the transactions contemplated by this Agreement. If Buyer fails to exercise the right to exclude such Assets by written notice to Seller delivered prior to the expiration of the seventy-two hour period described above, then Buyer shall be conclusively deemed to have waived such right and shall be obligated to purchase the affected Assets without conducting such testing or sampling or any adjustment of the Purchase Price unless otherwise provided in this Agreement.

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