Permit Severability. Each Permittee will be independently severable with respect to the Agreement’s section 10(a)(1)(A) permit. Thus, failure on the part of one landowner may result in revocation of that landowner property from coverage under the permit, but shall not affect the rights and obligations of the other landowner under the permit. Likewise, the early termination of one landowner shall not affect the coverage of the other landowner under the permit. Baseline Adjustment. Unforeseen circumstances could involve habitat impacts resulting from catastrophic events such as hurricanes, rainstorms, severe drought, lethal forest fires, or insect/disease epidemics. Such events are beyond the reasonable control of, and did not occur through, the fault or negligence of the Participants, including but not limited to "acts of Nature" or sudden actions of the elements such as those described above. Such catastrophes could either locally destroy the species’ population or render the habitat unsuitable, thereby reducing population numbers or occupied acreage below the original baseline conditions. For such circumstances beyond the control of the Participants, the Parties may agree to revise the Agreement's baseline conditions to reflect the new circumstances, rather than terminate the Agreement.
Permit Severability. Each Certificate of Inclusion issued by the Department to a Participant will be severable with respect to the Department’s Section 10(a)(1)(A) permit and with respect to Certificates of Inclusion issued by the Department to other Participants. Thus, failure on the part of one landowner may result in revocation of that landowner’s Certificate, but shall not affect the rights and obligations of other landowners under their respective Certificates. Nor will it affect the Department’s permit, provided that the Department is itself otherwise in compliance with all terms and conditions of the permit and the Agreement.
Permit Severability. Each Certificate of Inclusion issued by the Malpai to a Participating Landowner, Participating Neighbor, or Participating State Agency will be severable with respect to the Malpai’s section 10(a)(1)(A) permit, and with respect to Certificates of Inclusion issued by Malpai to other Participating Landowners, Neighbors, or State Agencies. Thus, failure on the part of one landowner may result in revocation of that landowner’s Certificate, but shall not affect the rights and obligations of other landowners under their respective Certificates. Nor will it affect Malpai’s permit, provided that Malpai is itself otherwise in compliance with all terms and conditions of the permit and the Agreement.
