Obligations of the USFWS Sample Clauses

Obligations of the USFWS. Upon execution of this Agreement by each Party, and satisfaction of all other applicable legal requirements, the USFWS will issue Plan Permittees a permit under Section 10(a)(1)(B) of the ESA, authorizing incidental Take by Plan Permittees of each listed wildlife Covered Species resulting from Covered Activities in the Plan Area. The Permit will be conditioned on compliance with all terms and conditions of the Permit, including the HCP, this Agreement and applicable law.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Obligations of the USFWS. Upon execution of this Agreement by all Parties, and satisfaction of all other applicable legal requirements, the USFWS will issue Lincoln County, the City of Caliente and UPRR each a Permit under Section 10(a)(1)(B) of the ESA, authorizing incidental take by the Permittees of each listed Covered Species resulting from Covered Activities on Covered Lands.
Sample 1Sample 2Sample 3
Obligations of the USFWS. The USFWS shall perform the following duties to the extent permitted by the ESA and other applicable federal law. a. Upon execution of this IA by both Parties and satisfaction of all other applicable legal requirements, the USFWS will issue the DNRC a Permit under § 10(a)(1)(B) of the ESA. The Permit will authorize Incidental Take of Covered Species on Covered Lands that may occur in connection with Covered Activities during the times the HCP, the Permit, and this IA are in effect. b. Within 60 days of publication of any proposed or final rule, notify the DNRC whenever the USFWS proposes to list as threatened or endangered, change the listing status, or designate critical habitat for any Covered Species, and again notify the DNRC when any listing, change in listing status, or designation is made final. c. Notify the DNRC within 30 days if, for any reason (including lack of sufficient appropriated funds or court decisions), the USFWS has or is likely to become unable to fulfill any obligation undertaken in connection with the HCP, the Permit, or this IA. d. Promptly respond to all notices and inquiries received from the DNRC under the HCP, the Permit, or this IA consistent with applicable laws and the terms of the HCP. If the HCP does not provide for a time frame for a response, promptly will mean within 30 days. e. If requested by the DNRC, the USFWS shall use its best effort to help resolve any disputes that may arise among the USFWS, the DNRC, any state or local agency or officials, or private parties with respect to the application and interpretation of the HCP, the Permit, or this IA using the dispute-resolution processes specified in this IA or other dispute- resolution processes that may be agreed to with respect to a particular dispute consistent with applicable laws. f. Immediately notify the DNRC of any lawsuits filed against the USFWS, or any formal written notices of intent to file such suits, to challenge the validity of the Permit or any decisions made by the USFWS in connection with the HCP, the Permit, or this IA. g. Provided that DNRC has complied with its obligations under the HCP, this IA, and the Permit, the Service may only require DNRC to provide mitigation beyond that provided for in the HCP under unforeseen circumstances and only in accordance with the “No Surprises” regulations at 50 CFR 17.22 (b)(5) and 17.32(b)(5). If the USFWS makes a finding of unforeseen circumstances, during the period necessary to determine the nature and loc...
Sample 1Sample 2
Obligations of the USFWS. 5.2.1. The Service will fully and faithfully perform all obligations assigned to it under this IA, the ITP, and the HCP. 5.2.2. Upon execution of this IA by all Parties and satisfaction of all other applicable legal requirements, the Service will issue Permittee an ITP under Section 10(a)(1)(B) of the ESA authorizing incidental take by Permittee of the Covered Species within the Plan Area and the lands upon which mitigation will occur incidental to the Covered Activities. 5.2.3. The Service will promptly notify Permittee if, for any reason (including court decisions or lack of appropriated funds), the Service is unable to fulfill any obligation associated with the HCP, ITP, or this IA. 5.2.4. The Service will promptly notify the Permittee of any lawsuits filed against it, and of any written notices or letters expressing intent to file suit challenging the issuance of, or compliance with, the HCP and ITP. 5.2.5. If Unforeseen Circumstances arise, the Service will not require, without the consent of the Permittee, the commitment of additional land, water, or financial compensation, or additional restrictions on the use of land, water, or other natural
Sample 1
Obligations of the USFWS. Upon execution of this Agreement by the Parties, and a determination that all legal requirements have been satisfied, the USFWS will issue to Permittees the Permits under section 10(a)(1)(B) of the ESA, authorizing the limited incidental take of the animal Covered Species resulting from Covered Activities on the Covered Lands. The Permits will be conditioned on compliance with all terms and conditions of the Permits, including the BRCP and this Agreement, and applicable law.
Sample 1
Obligations of the USFWS. Upon execution of this Agreement by the Parties, and a determination that all legal requirements have been satisfied, the USFWS will issue to Permittees the Permits under section 10(a)(1)(B) of the ESA, authorizing the limited incidental take of the animal Covered Species resulting from Covered Activities on the Covered Lands. The Permits will be conditioned on compliance with all terms and conditions of the Permits, including the BRCP and this Agreement, and applicable law. In accordance with Chapter 8, Section 8.5 of the BRCP, during the section 7 consultation process, USFWS also agrees to not impose on covered activities with a Federal nexus to Federal agencies (other than USFWS or NMFS) any measures under future biological opinions in excess of those that have been or will be required of the Permittees pursuant to the BRCP, this Agreement, or the BRCP biological opinion.
Sample 1

Related to Obligations of the USFWS

  • OBLIGATIONS OF THE BUYER a. The Buyer has furnished to the Company in Exhibit B hereto such information regarding itself, the Registrable Securities held by it and the intended method of disposition of the Registrable Securities held by it as required to effect the registration of such Registrable Securities and shall execute such documents in connection with such registration as the Company may reasonably request. The Company shall notify the Buyer in writing of any other information the Company reasonably requires from the Buyer in connection with any Registration Statement hereunder. The Buyer will as promptly as practicable notify the Company of any material change in the information set forth in Exhibit B, other than changes in its ownership of the Common Stock. b. The Buyer agrees to cooperate with the Company as reasonably requested by the Company in connection with the preparation and filing of any amendments and supplements to any Registration Statement hereunder. c. The Buyer agrees that, upon receipt of any notice from the Company of the happening of any event or existence of facts of the kind described in Section 3(f) or any notice of the kind described in the first sentence of Section 3(e), the Buyer will immediately discontinue disposition of Registrable Securities pursuant to any registration statement(s) covering such Registrable Securities until the Buyer’s receipt (which may be accomplished through electronic delivery) of the copies of the filed supplemented or amended registration statement and/or prospectus contemplated by Section 3(f) or the first sentence of Section 3(e). In addition, upon receipt of any notice from the Company of the kind described in the first sentence of Section 3(e), the Buyer will immediately discontinue purchases or sales of any securities of the Company unless such purchases or sales are in compliance with applicable U.S. securities laws. Notwithstanding anything to the contrary, the Company shall cause its Transfer Agent to deliver as promptly as practicable shares of Common Stock without any restrictive legend in accordance with the terms of the Purchase Agreement in connection with any sale of Registrable Securities with respect to which the Buyer has received a Purchase Notice or VWAP Purchase Notice (both as defined in the Purchase Agreement) prior to the Buyer’s receipt of a notice from the Company of the happening of any event of the kind described in Section 3(f) or the first sentence of Section 3(e) and for which the Buyer has not yet settled.

  • CONDITIONS OF THE OBLIGATIONS OF THE COMPANY The obligations of the Company to sell and deliver the portion of the Shares required to be delivered as and when specified in this Agreement are subject to the conditions that at the Closing Date or the Option Closing Date, as the case may be, no stop order suspending the effectiveness of the Registration Statement shall have been issued and in effect or proceedings therefor initiated or threatened.

  • Obligations of the Parties Clause 8

  • Obligations of the Company Whenever required under this Section 2 to effect the registration of any Registrable Securities, the Company shall, as expeditiously as reasonably possible: (a) prepare and file with the SEC a registration statement with respect to such Registrable Securities and use its commercially reasonable efforts to cause such registration statement to become effective and, upon the request of the Holders of a majority of the Registrable Securities registered thereunder, keep such registration statement effective for a period of up to one hundred twenty (120) days or, if earlier, until the distribution contemplated in the registration statement has been completed; provided, however, that (i) such one hundred twenty (120) day period shall be extended for a period of time equal to the period the Holder refrains, at the request of an underwriter of Common Stock (or other securities) of the Company, from selling any securities included in such registration, and (ii) in the case of any registration of Registrable Securities on Form S-3 that are intended to be offered on a continuous or delayed basis, subject to compliance with applicable SEC rules, such one hundred twenty (120) day period shall be extended for up to sixty (60) days, if necessary, to keep the registration statement effective until all such Registrable Securities are sold; (b) prepare and file with the SEC such amendments and supplements to such registration statement, and the prospectus used in connection with such registration statement, as may be necessary to comply with the Securities Act in order to enable the disposition of all securities covered by such registration statement; (c) furnish to the selling Holders such numbers of copies of a prospectus, including a preliminary prospectus, as required by the Securities Act, and such other documents as the Holders may reasonably request in order to facilitate their disposition of their Registrable Securities; (d) use its commercially reasonable efforts to register and qualify the securities covered by such registration statement under such other securities or blue-sky laws of such jurisdictions as shall be reasonably requested by the selling Holders; provided that the Company shall not be required to qualify to do business or to file a general consent to service of process in any such states or jurisdictions, unless the Company is already subject to service in such jurisdiction and except as may be required by the Securities Act; (e) in the event of any underwritten public offering, enter into and perform its obligations under an underwriting agreement, in usual and customary form, with the underwriter(s) of such offering; (f) use its commercially reasonable efforts to cause all such Registrable Securities covered by such registration statement to be listed on a national securities exchange or trading system and each securities exchange and trading system (if any) on which similar securities issued by the Company are then listed; (g) provide a transfer agent and registrar for all Registrable Securities registered pursuant to this Agreement and provide a CUSIP number for all such Registrable Securities, in each case not later than the effective date of such registration; (h) promptly make available for inspection by the selling Holders, any managing underwriter(s) participating in any disposition pursuant to such registration statement, and any attorney or accountant or other agent retained by any such underwriter or selected by the selling Holders, all financial and other records, pertinent corporate documents, and properties of the Company, and cause the Company’s officers, directors, employees, and independent accountants to supply all information reasonably requested by any such seller, underwriter, attorney, accountant, or agent, in each case, as necessary or advisable to verify the accuracy of the information in such registration statement and to conduct appropriate due diligence in connection therewith; (i) notify each selling Holder, promptly after the Company receives notice thereof, of the time when such registration statement has been declared effective or a supplement to any prospectus forming a part of such registration statement has been filed; and (j) after such registration statement becomes effective, notify each selling Holder of any request by the SEC that the Company amend or supplement such registration statement or prospectus. In addition, the Company shall ensure that, at all times after any registration statement covering a public offering of securities of the Company under the Securities Act shall have become effective, its xxxxxxx xxxxxxx policy shall provide that the Company’s directors may implement a trading program under Rule 10b5-1 of the Exchange Act.

  • OBLIGATIONS OF THE LESSEE The Lessee shall keep the premises in a clean, sanitary, neat and presentable condition. The Lessee shall be responsible for the repairs, outside of ordinary wear and tear, of any part of the Premises that do not affect the structural parts of the building or structure in which it is located or those that are generally considered as minor repair (“Minor Repairs”) including but not limited to replacing light bulbs, cleaning or repairs of windows, doors, toilets and similar appurtenances. The Lessee shall, at its sole expense restore, repair and/or rectify any damage, outside of ordinary wear and tear, to the Premises caused by the Lessee or others that the lessee permits into the Premises that are not covered or compensable by any insurance.

  • Conditions of the Obligations of the Underwriter The obligations of the Underwriter hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

  • Conditions of the Obligations of the Underwriters The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties of the Company herein (as though made on such Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

  • Obligations of Party B 4.1 The Services provided by Party A under this Agreement shall be exclusive. During the effective term of this Agreement, without prior written consent of Party A, Party B may not enter into any agreement, orally or written, with any third party or otherwise engage such third party to provide services the same as or similar to those provided by Party A hereunder. 4.2 Party B shall provide Party A with the finalized Annual Business Plan of Party B of the next year before November 30 of each year, in order to facilitate Party A to plan for the Services, purchase necessary software and Equipment and secure necessary personnel and technical service force accordingly. In the event that Party B demands Party A to purchase any new Equipment and/or deploy additional personnel, it shall consult with Party A at least fifteen (15) days in advance in order to reach a mutual agreement between the Parties. 4.3 In order to facilitate provision of the Services by Party A, Party B shall provide Party A with relevant materials requested by Party A in an accurate and timely manner. 4.4 Party B shall pay Service Fees to Party A on time and in full amount in accordance with Article 3 of this Agreement. 4.5 Party B shall maintain its good standing and presence, actively develop its business and procure the maximization of the revenue. 4.6 The Parties hereby acknowledge that, pursuant to the terms and conditions of the Amended and Restated Equity Pledge Agreement entered into by all the registered shareholders of Party B as of the date of this Agreement (the “Existing Shareholders”) with Party A on November 3, 2017, each of the Existing Shareholders has pledged all of the equity interests in Party B held by it to Party A as security for Party B’s performance of its obligations under this Agreement. 4.7 During the term of this Agreement, Party B agrees to cooperate with Party A and Party A’s direct or indirect parent company in the audit of related party transactions and other audits, to provide relevant information and materials about Party B’s operation, business, customers, finance and employees to Party A, its parent company or its appointed auditor, and agrees that Party A’s parent company may disclose such information and materials for purpose of satisfying the regulatory requirements of the place where the securities of Party A’s parent company are listed.

  • Obligations of Parties Nothing herein shall relieve a Party of its obligations under the Federal Rules, the Bankruptcy Rules, the Federal Rules of Evidence, and the Local Rules, or under any future stipulations and orders, regarding the production of documents or the making of timely responses to Discovery Requests in connection with the Cases.

  • Obligations of the Client 4.1. The client undertakes to inform the company in advance (meaning no later than 2 calendar days) about the dispatch of the goods, by entering the shipment into the Xxxxx.xxx software. 4.1.1. In case of non-compliance with subparagraph 3.2.1 of this agreement, the company has the right to refuse the client in accepting and placing his goods at the warehouse. 4.2. To send goods from the warehouse or to carry out other operations, the client is obliged to provide his client number (client ID) and data of the goods.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!