Common use of Minor Modifications Clause in Contracts

Minor Modifications. (a) Any Party may propose minor modifications to the HCP or this Agreement by providing notice the other Party in accordance with Section 6.7.2 of the HCP. If, for any reason, a Party objects to a proposed modification, it must be processed as an amendment of the Permit in accordance with subsection 11.2 of this section. The FWS will not propose or approve minor modifications to the HCP or this Agreement if the FWS determines that such modifications would result in operations under the HCP that are significantly different from those analyzed in connection with the original HCP, adverse effects on the environment that are new or significantly different from those analyzed in connection with the original HCP, or additional Take not analyzed in connection with the original HCP. (b) Minor modifications to the HCP and Agreement processed pursuant to this subsection may include but are not limited to the following: (1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) correction of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the Permit or HCP; (3) minor changes to survey, monitoring or reporting protocols; (4) the addition of CDFG as a reviewing, consulting, participating, or approving party for any action that could result in take of a Covered Species, or benefit a Covered Species, listed as threatened or endangered under the California Endangered Species Act; and (5) other changes that do not result in adverse effects to Covered Species beyond that analyzed in the HCP and the associated biological opinion, and do not limit the ability of the Permittee to achieve the biological goals and objectives of the HCP. (c) Any other modifications to the HCP or Agreement will be processed as amendments of the Permit in accordance with subsection 11.2 of this section.

Minor Modifications. (a) Any Party party may propose minor modifications to the HCP MSCP or this Agreement agreement by providing notice the to all other Party in accordance with Section 6.7.2 parties. That notice will include a statement of the HCPreason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the MSCP and on covered species. The parties will use best efforts to respond to proposed modifications within 60 calendar days of receipt of such notice. Proposed modifications will become effective upon all other parties' written approval. If, for any reason, a Party receiving party objects to a proposed modification, it must be processed as an amendment of the Permit permit in accordance with subsection 11.2 of this section11.3. The FWS Service will not propose or approve minor modifications to the HCP MSCP or this Agreement agreement if the FWS Service determines that such modifications would result in operations under the HCP MSCP that are significantly different from those analyzed in connection with the original HCPMSCP, adverse effects on the environment that are new or significantly different from those analyzed in connection with the original HCPMSCP, or additional Take take not analyzed in connection with the original HCPMSCP. (b) Minor modifications to the HCP MSCP and this Agreement processed pursuant to this subsection may include but are not limited to the following: (1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) correction of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the Permit permit or HCPMSCP; (3) minor changes to survey, monitoring monitoring, or reporting protocols;of parameters or protocols if not already covered in Changed Circumstances; and (4) Other types of modifications, such as described in Section 10.2, that are minor in relation to the addition of CDFG as a reviewingMSCP, consulting, participating, or approving party for any action that could result in take of a Covered Species, or benefit a Covered Species, listed as threatened or endangered under the California Endangered Species Act; and (5) other changes that do not result in adverse effects to Covered Species beyond that Service has analyzed in the HCP and the associated biological opinionagreed to, and do not limit on which the ability of the Permittee public has had an opportunity to achieve the biological goals and objectives of the HCPcomment. (c) Any other modifications to the HCP MSCP or this Agreement will be processed as amendments of the Permit permit in accordance with subsection 11.2 of this section.

Minor Modifications. (a) Any Party DNRC or the USFWS may propose minor modifications to the HCP or this Agreement by providing IA. Such notice the other Party in accordance with Section 6.7.2 shall include a statement of the HCPreason for the proposed modification and an analysis of its environmental effects on operations under the HCP and on Covered Species. The DNRC and USFWS will use best efforts to respond to proposed modifications within 60 days of receipt of such notice. Proposed modifications will become effective upon DNRC and USFWS written approval. If, for any reason, a Party USFWS or DNRC objects to a proposed modification, it must be processed as an amendment of the Permit permit in accordance with subsection 11.2 of this section. The FWS USFWS will not propose or approve minor modifications to the HCP or this Agreement IA if the FWS USFWS determines that such modifications would result in operations under the HCP that are significantly different from those analyzed in connection with the original HCP, adverse effects on the environment that are new or significantly different from those analyzed in connection with the original HCP, or additional Take take not analyzed in connection with the original HCP. (b) Minor modifications to the HCP and Agreement IA processed pursuant to this subsection may include but are not limited to the following: (1) corrections Corrections of typographic, grammatical, typographic and grammatical errors and similar editing errors that do not change the intended meaning;. (2) correction of Corrections to any maps maps, or exhibits to correct errors in mapping or to reflect previously approved changes in the Permit permit or HCP; (3) minor Minor changes to survey, monitoring or reporting protocols;; and (4) the addition of CDFG Adding and removing lands from Covered Lands, as a reviewing, consulting, participating, or approving party for any action that could result described in take of a Covered Species, or benefit a Covered Species, listed as threatened or endangered under the California Endangered Species Act; and (5) other changes that do not result in adverse effects to Covered Species beyond that analyzed in the HCP and the associated biological opinion, and do not limit the ability of the Permittee to achieve the biological goals and objectives Chapter 3 of the HCP. (c) Any other modifications modification to the HCP or Agreement IA will be processed as amendments of the Permit permit in accordance with subsection 11.2 of this section.

Minor Modifications. (a) 11.1 The HCP, including its appendices, is a very lengthy and complex document, and the parties recognize that various minor and non-controversial corrections and adjustments may from time to time be required. Any Party party may propose minor modifications to the HCP or this Agreement agreement by providing written notice the to all other Party in accordance with Section 6.7.2 parties. Such notice shall include a statement of the HCPreason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the HCP and on covered species. The parties will use best efforts to respond to proposed modifications within 60 days of receipt of such notice. Proposed modifications will become effective upon all other parties’ written approval. If, for any reason, a Party receiving party objects to a proposed modification, it must be processed as an amendment of the Permit permit in accordance with subsection 11.2 section 13 of this sectionagreement. The FWS Service will not propose or approve minor modifications to the HCP or this Agreement agreement if the FWS Service determines that such modifications would result in operations under the HCP that are significantly different from those analyzed in connection with the original HCP, or would result in adverse effects on the environment that are new or significantly different from those analyzed in connection with the original HCP, or additional Take take not analyzed in connection with the original HCP. (b) 11.2 Minor modifications to the HCP and Agreement IA processed pursuant to this subsection may include but are not limited to the following: (1) corrections 11.2.1 Corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) correction 11.2.2 Corrections of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the Permit permit or HCP; (3) minor 11.2.3 Minor changes to survey, monitoring or reporting protocols; (4) 11.2.4 Minor corrections and adjustments to the addition HCP, including changes in implementation schedules of CDFG as a reviewingup to two years. 11.3 Decisions on specific design details for facilities, consultingstudies, participatingprojects, or approving party for any action that could result in take of a Covered Species, or benefit a Covered Species, listed as threatened or endangered under the California Endangered Species Act; and (5) other changes that do not result in adverse effects to Covered Species beyond that analyzed adaptive management strategies identified in the HCP are not modifications or amendments and the associated biological opinion, and do not limit the ability of the Permittee to achieve the biological goals and objectives of the HCP. (c) Any other modifications to the HCP or Agreement will be processed may proceed without processing as amendments of the Permit in accordance with subsection 11.2 of this sectionor modifications.

Minor Modifications. (a) Any Party party may propose minor modifications to the HCP or this Agreement agreement by providing written notice the to all other Party in accordance with Section 6.7.2 parties. Such notice shall include a statement of the HCPreason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the HCP and on covered species. The parties will use best efforts to respond to proposed modifications within 60 days of receipt of such notice. Proposed modifications will become effective upon all other parties' written approval. If, for any reason, a Party receiving party objects to a proposed modification, it must be processed as an amendment of the Permit permit in accordance with subsection 11.2 12.2 of this section. The FWS Services will not propose or approve minor modifications to the HCP or this Agreement agreement if the FWS determines Services determine that such modifications would result in operations under the HCP that are significantly different from those analyzed in connection with the original HCP, or would result in adverse effects on the environment that are new or significantly different from those analyzed in connection with the original HCP, or additional Take take not analyzed in connection with the original HCP. (b) Minor modifications to the HCP and Agreement IA processed pursuant to this subsection may include but are not limited to the following: (1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) correction of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the Permit permit or HCP; (3) minor changes to survey, monitoring or reporting protocols; (4) changes to the addition boundaries of CDFG the ecological reserve as a reviewingshown in Map 15 of the HCP, consulting, participating, provided that there is no net loss of total acreage or approving party functionality for any action that could result in take of a Covered Species, or benefit a Covered Species, listed as threatened or endangered under the California Endangered Species Act; andcovered species; (5) other changes that do not result in adverse effects minor corrections and adjustments to Covered Species beyond that analyzed in the HCP HCP. The HCP, including its appendices, is a very lengthy and complex document, and the associated biological opinion, parties recognize that various minor and do not limit the ability of the Permittee non-controversial corrections and adjustments may from time to achieve the biological goals and objectives of the HCPtime be required. (c) Any other modifications to the HCP or Agreement IA will be processed as amendments of the Permit permit in accordance with subsection 11.2 12.2 of this section. However, the following activities shall not be considered modifications, minor or otherwise: (1) Transfer of funds under $50,000, as provided in paragraph 7.6. (2) Deferral of the date of accomplishment of certain actions or expenditures specified in the HCP, as provided in paragraph 7.9. (3) Decisions on specific design details for facilities, studies, projects, or adaptive management strategies identified in the HCP.

Minor Modifications. (a) 12.1.1 Any Party party may propose minor modifications to the HCP NFHCP or this Agreement by providing notice the to all other Party in accordance with Section 6.7.2 parties. Such notice shall include a statement of the HCPreason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the NFHCP and on Covered Species. If, for any reason, a Party objects to a Minor modifications are deemed approved and become effective 60 days after receipt of written notice of the same unless the responding party provides written disapproval of the proposed modification, it modification or the Services give written notice that the proposed modification must be processed as an amendment of the Permit in accordance with subsection 11.2 under section 12.2 of this section. The FWS will not propose or approve minor modifications to Agreement because the HCP or this Agreement if the FWS determines Services have determined that such modifications would result in operations under the HCP that are significantly different from those or greater adverse effects of incidental Take not analyzed in connection with the original HCP, adverse effects on the environment NFHCP or that are new or significantly different from those analyzed in connection with the original HCP, or additional Take not analyzed in connection with the original HCPNFHCP. (b) 12.1.2 Minor modifications to the HCP NFHCP and this Agreement processed pursuant to this subsection may include but are not limited to the following: (1a) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2b) correction or updating of any maps or NFHCP exhibits to correct errors in mapping or to reflect previously approved changes in amendments to the Permit Permits or HCPmodifications to the NFHCP; (3c) minor changes to survey, monitoring or reporting protocols; (4) the addition of CDFG as a reviewing, consulting, participating, or approving party for any action that could result in take of a Covered Species, or benefit a Covered Species, listed as threatened or endangered under the California Endangered Species Act; and (5d) other changes that do not result NFHCP measures modified as "mandatory collaborative management responses" and "cooperative management responses" as provided for in adverse effects to Covered Species beyond that analyzed in the HCP and the associated biological opinion, and do not limit the ability Section 8.0 of the Permittee to achieve the biological goals NFHCP and objectives Section 10.0 of the HCPthis Agreement. (ce) those land acquisitions and exchanges within the Planning Area covered by subsections 11.1.2 and 11.1.3 of this Agreement. 12.1.3 Minor modifications to the NFHCP, as defined in subsection 12.1 of this Agreement do not require amendment of the Permits and the Permits shall continue to be fully in force. Any other modifications to the HCP or Agreement NFHCP will be processed as amendments require an amendment of the Permit Permits in accordance with subsection 11.2 12.2 of this sectionAgreement.

Minor Modifications. (a) Any Party party may propose minor tninor modifications to the HCP or this Agreement by providing written notice the to all other Party in accordance with Section 6.7.2 pat1ies. Such notice shall include a statement of the HCPreason for the proposed modification and an analysis of its environmental effects, including its effects on operations und er the HCP and on Covered Species. The will use best eff011s to respond to proposed modifications within 60 days of receipt of such notice. Proposed modifications become effective upon all other pat1ies' written approval. If, for any reason, a Party receiving party objects to a proposed modification, it must be processed as an amendment of the Permit pennit in accordance with subsection 11.2 12.2 of this section. The FWS Service will not propose or approve minor modifications to the HCP or this Agreement if the FWS determines Service detennines that such modifications would result in operations under the HCP that are significantly different from those analyzed in connection with the original HCP, adverse effects on the environment that are new or significantly different from those analyzed in connection with the original HCP, or additional Take take not analyzed in connection with the original HCP. (b) Minor modifications to the HCP HCP, the Permit and this Agreement processed pursuant to this subsection may include but are not limited to the following: (1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) correction conection of any maps or exhibits to correct errors in conect enol'S 111 mapping or to reflect ret1ect previously approved changes in the Permit pennit or HCP; (3) minor changes to survey, monitoring or reporting protocols; (4) updating construction windows for the addition of CDFG as Covered Species. In the event the statldard construction window established for a reviewingspecies covered by the HCP is revised by the Service, consulting, participating, or approving party for any action that could result in take then such revised constmction windows within the HCP shall automatically be modified; (5) modifying mitigation area enhancement and management techniques; (6) approval of a Covered Species, or benefit a Covered Species, listed as threatened or endangered under management plan for the California Endangered Species ActCoyote Springs Investment Conservation Lands by and between CSI and BLM in consultation with the Service; and (57) any other changes that do not result in adverse effects modifications to Covered Species beyond that analyzed in the HCP that are consistent with the educational and the associated biological opinion, and do not limit the ability of the Permittee to achieve the biological goals and objectives of the HCP that the Service has analyzed and approved, including modifications resulting from the implementation of the AMP (as defined in the HCP). (c) Any other modifications to the HCP or this Agreement will be processed as amendments of the Permit permit in accordance with subsection 11.2 12.2 of this section.

Minor Modifications. (a) Any Party party may propose minor modifications to the HCP or this Agreement by providing written notice the to all other Party in accordance with Section 6.7.2 parties. Such notice shall include a statement of the HCPreason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the HCP and on Covered Species. The parties will use best efforts to respond to proposed modifications within 60 days of receipt of such notice. Proposed modifications will become effective upon all other parties' written approval. If, for any reason, a Party receiving party objects to a proposed modification, it must be processed as an amendment of the Permit permit in accordance with subsection 11.2 12.2 of this section. The FWS Service will not propose or approve minor modifications to the HCP or this Agreement if the FWS Service determines that such modifications would result in operations under the HCP that are significantly different from those analyzed in connection with the original HCP, adverse effects on the environment that are new or significantly different from those analyzed in connection with the original HCP, or additional Take take not analyzed in connection with the original HCP. (b) Minor modifications to the HCP HCP, the Permit and this Agreement processed pursuant to this subsection may include but are not limited to the following: (1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) correction of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the Permit permit or HCP; (3) minor changes to survey, monitoring or reporting protocols; (4) updating construction windows for the addition of CDFG as Covered Species. In the event the standard construction window established for a reviewingspecies covered by the HCP is revised by the Service, consulting, participating, or approving party for any action that could result in take then such revised construction windows within the HCP shall automatically be modified; (5) modifying mitigation area enhancement and management techniques; (6) approval of a Covered Species, or benefit a Covered Species, listed as threatened or endangered under management plan for the California Endangered Species ActCoyote Springs Resource Management Area (“CSRMA”) by and between CSI and BLM; and (57) any other changes that do not result in adverse effects modifications to Covered Species beyond that analyzed in the HCP that are consistent with the educational and the associated biological opinion, and do not limit the ability of the Permittee to achieve the biological goals and objectives of the HCP that the Service has analyzed and approved, including modifications resulting from the implementation of the AMP (as defined in the HCP). (c) Any other modifications to the HCP or this Agreement will be processed as amendments of the Permit permit in accordance with subsection 11.2 12.2 of this section.

Minor Modifications. (a) Any Party party may propose minor modifications to the HCP or this Agreement by providing notice the to all other Party in accordance with Section 6.7.2 parties. Such notice shall include a statement of the HCPreason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the HCP and on covered species. The parties will use reasonable efforts to respond to proposed modifications within 60 days of receipt of such notice. Proposed modifications will become effective upon all parties' written approval. If, for any reason, a Party receiving party objects to a proposed modification, it must be processed as an amendment of the Permit permits in accordance with subsection Subsection 11.2 of this section. The FWS Services will not propose or approve minor modifications to the HCP or this Agreement if the FWS determines Services determine that such modifications would result in (1) operations under the HCP that are significantly different from those analyzed in connection with the original HCP, (2) adverse effects on the environment that are new or significantly different from those analyzed in connection with the original HCP, or (3) additional Take take not analyzed in connection with the original HCP. (b) Minor modifications to the HCP and Agreement IA processed pursuant to this subsection may include but are not limited to the following: (1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) correction corrections of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the Permit permits or HCP; (3) minor changes to survey, monitoring or reporting protocols;; and (4) the addition those additional minor changes identified in Section 8.4.1 of CDFG as a reviewing, consulting, participating, or approving party for any action that could result in take of a Covered Species, or benefit a Covered Species, listed as threatened or endangered under the California Endangered Species Act; and (5) other changes that do not result in adverse effects to Covered Species beyond that analyzed in the HCP and that meet the associated biological opinioncriteria specified in subsection (a), and do not limit including acquisition of up to 15,217 cumulative acres over the ability of Permit Term within the Permittee to achieve the biological goals and objectives of the HCPAdjustment Area, as identified in Paragraph 10.1 above. (c) Any other modifications to the HCP or Agreement IA will be processed as amendments of the Permit permits in accordance with subsection Subsection 11.2 of this section.

Minor Modifications. (a) Any Party party may propose minor modifications to the HCP or this Agreement by providing notice the to all other Party in accordance with Section 6.7.2 parties. Such notice shall include a statement of the HCPreason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the HCP and on covered species. The parties will use reasonable efforts to respond to proposed modifications within 60 days of receipt of such notice. Proposed modifications will become effective upon all parties' written approval. If, for any reason, a Party receiving party objects to a proposed modification, it must be processed as an amendment of the Permit permits in accordance with subsection Subsection 11.2 of this section. The FWS Services will not propose or approve minor modifications to the HCP or this Agreement if the FWS determines Services determine that such modifications would result in (1) operations under the HCP that are significantly different from those analyzed in connection with the original HCP, (2) adverse effects on the environment that are new or significantly different from those analyzed in connection with the original HCP, or (3) additional Take take not analyzed in connection with the original HCP. (b) Minor modifications to the HCP and Agreement IA processed pursuant to this subsection may include but are not limited to the following: (1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) correction corrections of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the Permit permits or HCP; (3) minor changes to survey, monitoring or reporting protocols;; and (4) the addition those additional minor changes identified in Section 8.4.1 of CDFG as a reviewing, consulting, participating, or approving party for any action that could result in take of a Covered Species, or benefit a Covered Species, listed as threatened or endangered under the California Endangered Species Act; and (5) other changes that do not result in adverse effects to Covered Species beyond that analyzed in the HCP and that meet the associated biological opinioncriteria specified in subsection (a), and do not limit including acquisition of up to 15,218 cumulative acres over the ability of Permit Term within the Permittee to achieve the biological goals and objectives of the HCPAdjustment Area, as identified in Paragraph 10.1 above. (c) Any other modifications to the HCP or Agreement IA will be processed as amendments of the Permit permits in accordance with subsection Subsection 11.2 of this section.

Minor Modifications. (a) Any Party may propose a minor modification to the MAPHCP or amendment to this Agreement. Except where another process is specifically identified under the terms of the MAPHCP or IA with respect to particular types of modifications or as provided in Section 7.1.3 below, the Party proposing a minor modifications to the HCP MAPHCP or a minor amendments to this Agreement shall provide notice to all other Parties. Such notice shall include a statement of the reasons for the proposed modification or amendment and an analysis of its environmental effects, its effects on the implementation of the MAPHCP and on Covered Species. The parties will use their reasonable efforts to respond to proposed modification or amendment within sixty (60) days of receipt of such notice. Except as otherwise provided under the terms of the MAPHCP or this Agreement by providing notice the Agreement, a proposed modification or amendment will become effective upon all other Party in accordance with Section 6.7.2 of the HCPparties’ written approval. If, for any reason, a Party receiving party reasonably objects to a proposed modificationmodification to the MAPHCP or amendment to this Agreement, other than to those not subject to that Party’s approval under the MAPHCP or this Agreement, it must be processed as an amendment of the Permit in accordance with subsection 11.2 7.1.1 of this section. The FWS will not Neither the USFWS, nor CDFG xxxx propose or approve minor modifications to the HCP MAPHCP or minor amendments to this Agreement if the FWS either agency determines that such modifications or amendments would result in operations under the HCP MAPHCP that are significantly different from those analyzed in connection with the original HCPMAPHCP, result in adverse effects on the environment that are new or significantly different from those analyzed in connection with the original HCPMAPHCP, or allow additional Take take not analyzed in connection with the original HCP. (b) MAPHCP. Minor modifications to the HCP MAPHCP and minor amendments to this Agreement processed pursuant to this subsection may include include, but are not limited to to, the following: (11 ) corrections correction of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) correction of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the Permit or HCP; (3) minor changes to survey, monitoring or reporting protocols; (4) the addition of CDFG as a reviewing, consulting, participating, or approving party for any action that could result in take of a Covered Species, or benefit a Covered Species, listed as threatened or endangered under the California Endangered Species Act; and (5) other changes that do not result in adverse effects to Covered Species beyond that analyzed in the HCP and the associated biological opinion, and do not limit the ability of the Permittee to achieve the biological goals and objectives of the HCP. (c) Any other modifications to the HCP or Agreement will be processed as amendments of the Permit in accordance with subsection 11.2 of this section.