Minor Modification Process Sample Clauses

Minor Modification Process. Either Permittees or Wildlife Agencies may propose minor modifications to the BRCP or this Agreement by providing written notice to the other Parties as described in BRCP Chapter 8, Section 8.91. The notice shall include a statement of the reason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the BRCP and on the Covered Species. The other Parties will use reasonable efforts to respond to proposed modifications within 60 days of receipt of such notice. Proposed modifications will become effective upon the other Parties written approval. If, for any reason, a Party objects to a proposed modification, the Permittees may propose it as an amendment to the Permits in accordance with Agreement Section 13.2 and 13.3. The Wildlife Agencies will not propose or approve minor modifications to the BRCP or this Agreement if the Wildlife Agencies determine that such modifications would result in operations under the BRCP that are different from those analyzed, or may result in adverse effects on the environment that are new or significantly different from those analyzed, or may result in additional take that was not authorized in connection with the original BRCP as of the Effective Date.
Sample 1
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Minor Modification Process. Either Permittee or USFWS may propose minor modifications to the TU MSHCP or this Agreement by providing written notice to the other Party. The notice shall include a statement of the reason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the TU MSHCP and on the Covered Species. The other Party will use reasonable efforts to respond to proposed modifications within 60 days of receipt of such notice. Proposed modifications will become effective upon the other Party's written approval. If, for any reason, a Party objects to a proposed modification, Permittee may propose it as an amendment to the Permit in accordance with Section 13.2 and 13.3. The USFWS will not propose or approve minor modifications to the TU MSHCP or this Agreement if the USFWS determines that such modifications would result in operations under the TU MSHCP that are different from those analyzed, or may result in adverse effects on the environment that are new or significantly different from those analyzed, or may result in additional take that was not authorized in connection with the original TU MSHCP as of the Effective Date.
Sample 1

Related to Minor Modification Process

  • Minor Modifications A. The following may be administratively authorized as minor modifications to this Agreement:

  • Waiver; Modification Failure to insist upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of, or failure to insist upon strict compliance with, any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. This Agreement shall not be modified in any respect except by a writing executed by each party hereto.

  • Amendment and Modification This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto.

  • Contract Modifications It is understood that changes are inherent in operations of the type covered by this contract. The number of changes, the scope of those changes, and the impact they have on the progress of the original operations cannot be defined at this time. The PURCHASER is notified that changes are anticipated and that there will be no compensation made to the PURCHASER directly related to the number of changes made. Each change will be evaluated for extension of contract time and increase or decrease in compensation based on its own merit. STATE reserves the right to make, at any time during the contract, such modifications as are necessary or desirable; provided such modifications shall not change the character of the operations to be done nor increase the cost, unless such operations or cost increase is approved in writing by PURCHASER. Any modifications so made shall not invalidate this contract nor release PURCHASER of obligations under the performance bond. PURCHASER agrees to do the modified operations as if it had been a part of the original contract. If any change under this section causes an increase or decrease in the PURCHASER's cost of, or the time required for the performance of any part of the operations, the PURCHASER must submit a written statement setting forth the nature and specific extent of the claim. Such claim shall include all time and cost impacts against the contract and be submitted as soon as possible, but no later than 30 days after receipt of any written notice of modification of the contract. If the PURCHASER discovers site conditions which differ materially from what was represented in the contract or from conditions that would normally be expected to exist and be inherent to the activities defined in the contract, the PURCHASER shall notify the STATE's Authorized Representative immediately and before the area has been disturbed. The STATE's Authorized Representative will investigate the area and make a determination as to whether or not the conditions differ materially from either the conditions stated in the contract or those which could reasonably be expected in execution of this particular contract. If it is determined that a differing site condition exists, any compensation or credit will be determined based on an analysis by STATE's Authorized Representative. If the PURCHASER does not concur with the decision of the STATE's Authorized Representative and/or believes that it is entitled to additional compensation, the PURCHASER may proceed to file a claim. Claims Review Process. All PURCHASER claims shall be referred to the STATE's Authorized Representative for review. All claims shall be made in writing to the STATE's Authorized Representative not more than ten days from the date of the occurrence of the event which gives rise to the claim or not more than ten days from the date that the PURCHASER knew or should have known of the problem. Unless the claim is made in accordance with these time requirements, it shall be waived. All claims shall be submitted in writing and shall include a detailed, factual statement of the basis of the claim, pertinent dates, contract provisions which support or allow the claim, reference to or copies of any documents which support the claim, the exact dollar value of the claim, and specific time extension requested for the claim. If the claim involves operations to be completed by subcontractors, the PURCHASER will analyze and evaluate the merits of the subcontractor's claim. PURCHASER shall forward the subcontractor's claim and PURCHASER's evaluation of such claim to STATE's Authorized Representative. The STATE's Authorized Representative will not consider direct claims from subcontractors, suppliers, manufacturers, or others not a party to this contract. The decision of the STATE shall be final and binding unless the PURCHASER requests mediation.

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