Common use of Potential Modifications of Measures Clause in Contracts

Potential Modifications of Measures. The Services shall provide the Parties Notice upon issuance of any final biological opinion or incidental take permit issued by the Services pursuant to the ESA regarding the ICP Interim Measures (Appendix C). If the terms of any such final biological opinion or incidental take permit include revisions to the ICP Interim Measures, those measures in the Settlement shall be deemed modified to conform to the provisions of the biological opinion or incidental take permit if PacifiCorp agrees to such modifications. If PacifiCorp does not agree to such modifications, PacifiCorp reserves the right to withdraw its application for license amendment or refuse to accept an incidental take permit regarding the ICP Interim Measures.

Appears in 14 contracts

Samples: Klamath Hydroelectric Settlement Agreement, Settlement Agreement, Klamath Hydroelectric Settlement Agreement

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