Option (b): Alternative Habitat Expansion Plan Sample Clauses

Option (b): Alternative Habitat Expansion Plan. If the remaining Licensee proposes to NMFS an Alternative Habitat Expansion Plan estimated to meet one-half of the Habitat Expansion Threshold, NMFS shall have the discretion to approve the remaining Licensee’s alternative plan. The procedures set forth in Section 4.2 of this Agreement shall apply to the preparation and approval of such Alternative Habitat Expansion Plan; provided however, that all applicable criteria, estimates, and determinations may be based upon one-half of the Habitat Expansion Threshold. (a) If NMFS approves the remaining Licensee’s Alternative Habitat Expansion Plan, then the remaining Licensee shall comply with Sections 4.3 through 4.9 of this Agreement, to the extent the obligations set forth in these Sections have not already been met. The remaining Licensee’s compliance with the approved Alternative Habitat Expansion Plan shall satisfy the remaining Licensee’s obligations under this Agreement. (b) If NMFS does not approve the remaining Licensee’s Alternative Habitat Expansion Plan, NMFS shall provide the Parties with Notice of its decision as set forth in Section 4.2.7 of this Agreement, including a reasonable opportunity for the remaining Licensee to assess and cure any deficiencies identified by NMFS and resubmit a revised Alternative Habitat Expansion Plan for review and approval by NMFS. If NMFS does not approve the revised Alternative Habitat Expansion Plan and determines that no revisions will result in an acceptable alternative, it shall provide the Parties with Notice of its final decision. This Agreement shall be terminated upon the date such Notice is ef ective, pursuant to Section 16.11 of this Agreement, and the provisions of Section 11 .6 of this Agreement shall apply.