Common use of Permit Revocation Clause in Contracts

Permit Revocation. In accordance with 50 C.F.R. § 13.28, the Service may revoke the ITP in whole or in part if NiSource willfully violates any Federal or State statute or regulation, Indian tribal law or regulation, or any law or regulation of a foreign country that involves a violation of the conditions of the ITP or of the laws or regulations governing the Covered Activities. The ITP also may be revoked if NiSource fails within sixty (60) days to correct deficiencies that were the cause of suspension of the ITP unless the Service determines and notifies NiSource in writing that a longer period of time is necessary to correct the deficiencies; becomes disqualified under 50 C.F.R. § 13.21(c); or a change occurs in the statute or regulation authorizing the ITP that prohibits continuation of the ITP. Pursuant to 50 C.F.R. §§17.22(b)(8) and 17.32(b)(8), the ITP also may be revoked if continuation of the Covered Activities would be inconsistent with the criterion set forth in 16 U.S.C. § 1539(a)(2)(B)(iv), and the inconsistency has not been remedied. When the Service believes there are valid grounds for revoking the ITP, the Service will notify NiSource in writing of the proposed revocation by certified or registered mail. The notice, which may be amended by the Service at any time, will identify the ITP, whether the revocation is as to part or all of the ITP, the Covered Activities and Take Species as to which the revocation applies, the reason(s) for the revocation, the proposed disposition of the wildlife, if any, and inform XxXxxxxx of its right to object to the proposed revocation. Upon receipt of the proposed notice, NiSource may file a written objection to the proposed action within forty-five (45) calendar days of the date of the notice providing its reasons for objecting to the proposed revocation as well as any supporting documentation. The Service will issue a written decision on the revocation within forty-five (45) days after the end of the objection period. The written decision will include the Service’s decision and its reasons for such as well as information concerning NiSource’s right to request reconsideration of the decision under 50 C.F.R. § 13.29 and the procedures for doing so. Upon notification that the ITP has been revoked and after all appeal procedures have been exhausted, NiSource may be required to surrender the ITP to the Service. Notwithstanding revocation, NiSource shall remain obligated for any outstanding minimization and mitigation measures required under the terms of the ITP for take that occurs prior to surrender of the ITP and such minimization and mitigation measures as may be required pursuant to the termination provisions of this Agreement, the MSHCP, or the ITP. The ITP shall be deemed canceled only upon a determination by the Service that such minimization and mitigation measures have been implemented. Upon surrender of the ITP, no further take shall be authorized under the terms of the surrendered ITP.

Appears in 1 contract

Samples: Implementing Agreement

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Permit Revocation. In accordance with 50 C.F.R. § 13.28, the Service may revoke the ITP in whole or in part if NiSource willfully violates any Federal or State statute or regulation, Indian tribal law or regulation, or any law or regulation of a foreign country that involves a violation of the conditions of the ITP or of the laws or regulations governing the Covered Activities. The ITP also may be revoked if NiSource fails fa ils within sixty (60) days to correct deficiencies that were the cause of suspension of the ITP unless the Service determines and notifies NiSource in writing that a longer period of time is necessary to correct the deficiencies; becomes disqualified under 50 C.F.R. § 13.21(c); or a change occurs in the statute or regulation authorizing the ITP that prohibits continuation of the ITP. Pursuant to 50 C.F.R. §§17.22(b)(8) and 17.32(b)(8), the ITP also may be revoked if continuation of the Covered Activities would be inconsistent with the criterion set forth in 16 U.S.C. § 1539(a)(2)(B)(iv), and the inconsistency has not been remedied. When the Service believes there are valid grounds for revoking the ITP, the Service will notify NiSource in writing of the proposed revocation by certified or registered mail. The notice, which may be amended by the Service at any time, will identify the ITP, whether the revocation is as to part or all of the ITP, the Covered Activities and Take Species as to which the revocation applies, the reason(s) for the revocation, the proposed disposition of the wildlife, if any, and inform XxXxxxxx of its right to object to the proposed revocation. Upon receipt of the proposed notice, NiSource may file a written objection to the proposed action within forty-five (45) calendar days of the date of the notice providing its reasons for objecting to the proposed revocation as well as any supporting documentation. The Service will issue a written decision on the revocation within forty-five (45) days after the end of the objection period. The written decision will include the Service’s decision and its reasons for such as well as information concerning NiSource’s right to request reconsideration of the decision under 50 C.F.R. § 13.29 and the procedures for doing so. Upon notification that the ITP has been revoked and after all appeal procedures have been exhausted, NiSource may be required to surrender the ITP to the Service. Notwithstanding revocation, NiSource shall remain obligated for any outstanding minimization and mitigation measures required under the terms of the ITP for take that occurs prior to surrender of the ITP and such minimization and mitigation measures as may be required pursuant to the termination provisions of this Agreement, the MSHCP, or the ITP. The ITP shall be deemed canceled only upon a determination by the Service that such minimization and mitigation measures have been implemented. Upon surrender of the ITP, no further take shall be authorized under the terms of the surrendered ITP.

Appears in 1 contract

Samples: Implementing Agreement

Permit Revocation. In accordance with 50 C.F.R. § 13.28, the Service may revoke the ITP in whole or in part if NiSource willfully violates any Federal or State statute or regulation, Indian tribal law or regulation, or any law or regulation of a foreign country that involves a violation of the conditions of the ITP or of the laws or regulations governing the Covered Activities. The ITP also may be revoked if NiSource fails fa ils within sixty (60) days to correct deficiencies that were the cause of suspension of the ITP unless the Service determines and notifies NiSource in writing that a longer period of time is necessary to correct the deficiencies; becomes disqualified under 50 C.F.R. § 13.21(c); or a change occurs in the statute or regulation authorizing the ITP that prohibits continuation of the ITP. Pursuant to 50 C.F.R. §§17.22(b)(8) and 17.32(b)(8), the ITP also may be revoked if continuation of the Covered Activities would be inconsistent with the criterion set forth in 16 U.S.C. § 1539(a)(2)(B)(iv), and the inconsistency has not been remedied. When the Service believes there are valid grounds for revoking the ITP, the Service will notify NiSource in writing of the proposed revocation by certified or registered mail. The notice, which may be amended by the Service at any time, will identify the ITP, whether the revocation is as to part or all of the ITP, the Covered Activities and Take Species as to which the revocation applies, the reason(s) for the revocation, the proposed disposition of the wildlife, if any, and inform XxXxxxxx NiSource of its right to object to the proposed revocation. Upon receipt of the proposed notice, NiSource may file a written objection to the proposed action within forty-five (45) calendar days of the date of the notice providing its reasons for objecting to the proposed revocation as well as any supporting documentation. The Service will issue a written decision on the revocation within forty-five (45) days after the end of the objection period. The written decision will include the Service’s decision and its reasons for such as well as information concerning NiSource’s right to request reconsideration of the decision under 50 C.F.R. § 13.29 and the procedures for doing so. Upon notification that the ITP has been revoked and after all appeal procedures have been exhausted, NiSource may be required to surrender the ITP to the Service. Notwithstanding revocation, NiSource shall remain obligated for any outstanding minimization and mitigation measures required under the terms of the ITP for take that occurs prior to surrender of the ITP and such minimization and mitigation measures as may be required pursuant to the termination provisions of this Agreement, the MSHCP, or the ITP. The ITP shall be deemed canceled only upon a determination by the Service that such minimization and mitigation measures have been implemented. Upon surrender of the ITP, no further take shall be authorized under the terms of the surrendered ITP.

Appears in 1 contract

Samples: Implementing Agreement

Permit Revocation. In accordance with 50 C.F.R. § 13.28, the Service may revoke the ITP in whole or in part if NiSource willfully violates any Federal or State statute or regulation, Indian tribal law or regulation, or any law or regulation of a foreign country that involves a violation of the conditions of the ITP or of the laws or regulations governing the Covered Activities. The ITP also may be revoked if NiSource fails within sixty (60) days to correct deficiencies that were the cause of suspension of the ITP unless the Service determines and notifies NiSource in writing that a longer period of time is necessary to correct the deficiencies; becomes disqualified under 50 C.F.R. § 13.21(c); or a change occurs in the statute or regulation authorizing the ITP that prohibits continuation of the ITP. Pursuant to 50 C.F.R. §§17.22(b)(8) and 17.32(b)(8), the ITP also may be revoked if continuation of the Covered Activities would be inconsistent with the criterion set forth in 16 U.S.C. § 1539(a)(2)(B)(iv), ) and the inconsistency has not been remedied. When the Service believes there are valid grounds for revoking the ITP, the Service will notify NiSource in writing of the proposed revocation by certified or registered mail. The notice, which may be amended by the Service at any time, will identify the ITP, whether the revocation is as to part or all of the ITP, the Covered Activities and Take Species as to which the revocation applies, the reason(s) for the revocation, the proposed disposition of the wildlife, if any, and . The notice also shall inform XxXxxxxx NiSource of its right to object to the proposed revocation. Upon receipt of the proposed notice, NiSource may file a written objection to the proposed action within forty-five (45) calendar days of the date of the notice providing its reasons for objecting to the proposed revocation as well as any supporting documentation. The Service will issue a written decision on the revocation within forty-five (45) days after the end of the objection period. The written decision will include the Service’s decision and its reasons for such as well as information concerning NiSource’s right to request reconsideration of the decision under 50 C.F.R. § 13.29 and the procedures for doing so. Upon notification that the ITP has been revoked and after all appeal procedures have been exhausted, NiSource may be required to surrender the ITP to the Service. Notwithstanding revocation, NiSource shall remain obligated for any outstanding minimization and mitigation measures required under the terms of the ITP for take that occurs prior to surrender of the ITP and such minimization and mitigation measures as may be required pursuant to the termination provisions of this Agreement, the MSHCP, or the ITP. The ITP shall be deemed canceled only upon a determination by the Service that such minimization and mitigation measures have been implemented. Upon surrender of the ITP, no further take shall be authorized under the terms of the surrendered ITP.five

Appears in 1 contract

Samples: Implementing Agreement

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Permit Revocation. In accordance with 50 C.F.R. § 13.28, the Service may revoke the ITP in whole or in part if NiSource willfully violates any Federal or State statute or regulation, Indian tribal law or regulation, or any law or regulation of a foreign country that involves a violation of the conditions of the ITP or of the laws or regulations governing the Covered Activities. The ITP also may be revoked if NiSource fails within sixty (60) days to correct deficiencies that were the cause of suspension of the ITP unless the Service determines and notifies NiSource in writing that a longer period of time is necessary to correct the deficiencies; becomes disqualified under 50 C.F.R. § 13.21(c); or a change occurs in the statute or regulation authorizing the ITP that prohibits continuation of the ITP. Pursuant to 50 C.F.R. §§17.22(b)(8) and 17.32(b)(8), the ITP also may be revoked if continuation of the Covered Activities would be inconsistent with the criterion set forth in 16 U.S.C. § 1539(a)(2)(B)(iv), and the inconsistency has not been remedied. When the Service believes there are valid grounds for revoking the ITP, the Service will notify NiSource in writing of the proposed revocation by certified or registered mail. The notice, which may be amended by the Service at any time, will identify the ITP, whether the revocation is as to part or all of the ITP, the Covered Activities and Take Species as to which the revocation applies, the reason(s) for the revocation, the proposed disposition of the wildlife, if any, and inform XxXxxxxx NiSource of its right to object to the proposed revocation. Upon receipt of the proposed notice, NiSource may file a written objection to the proposed action within forty-five (45) calendar days of the date of the notice providing its reasons for objecting to the proposed revocation as well as any supporting documentation. The Service will issue a written decision on the revocation within forty-five (45) days after the end of the objection period. The written decision will include the Service’s decision and its reasons for such as well as information concerning NiSource’s right to request reconsideration of the decision under 50 C.F.R. § 13.29 and the procedures for doing so. Upon notification that the ITP has been revoked and after all appeal procedures have been exhausted, NiSource may be required to surrender the ITP to the Service. Notwithstanding revocation, NiSource shall remain obligated for any outstanding minimization and mitigation measures required under the terms of the ITP for take that occurs prior to surrender of the ITP and such minimization and mitigation measures as may be required pursuant to the termination provisions of this Agreement, the MSHCP, or the ITP. The ITP shall be deemed canceled only upon a determination by the Service that such minimization and mitigation measures have been implemented. Upon surrender of the ITP, no further take shall be authorized under the terms of the surrendered ITP.

Appears in 1 contract

Samples: Implementing Agreement

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