Prepare Biological Assessments Sample Clauses

Prepare Biological Assessments. Because there are federally listed species that could be affected by the project, the USACE will need to conduct Section 7 Endangered Species Act consultation with the USFWS and NOAA Fisheries. Specifically, the USFWS will need to be consulted for impacts to the California red- legged frog and NOAA Fisheries will need to be consulted for impacts to the central California coast steelhead. To facilitate the consultation, MIG will prepare the Biological Assessments for each agency. The Biological Assessments will be prepared using the USFWS Guidance for Preparing a Biological Assessment to ensure that the Biological Assessments include all the information that the USFWS and/or NOAA Fisheries require to complete Section 7 consultation. The NOAA Fisheries Biological Assessment will also include an evaluation of Essential Fish Habitat, if any, in the project area to ensure compliance with the Xxxxxxxx-Xxxxxxx Fishery Conservation and Management Act. The Biological Assessments will rely heavily on information in the Biological Resources Report (Task 7.2) for the project. However, the Biological Assessments will focus on impacts to the federally listed species that could occur during project activities. MIG will work with the client and/or contractor to determine feasible avoidance and minimization and/or mitigation measures that can be implemented during project activities, including measures recommended from the resource agency pre-application meeting (Task 7.4.A) and other resource agency consultation. MIG will complete the Biological Assessments and respond to one round of comments from the client. The Biological Assessments will be submitted to the USACE with the Section 404 Nationwide Permit application. It is anticipated that the USACE will conduct informal consultation with the USFWS and NOAA Fisheries under Section 7 of the Endangered Species Act and that the outcome will be a “may affect, not likely to adversely affect” concurrence letter for the project. This scope of work does not include additional consultation with the USFWS or NOAA Fisheries.
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Related to Prepare Biological Assessments

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Taxes The Company shall pay, and shall cause each of its Subsidiaries to pay, prior to delinquency, all material taxes, assessments, and governmental levies except such as are contested in good faith and by appropriate proceedings or where the failure to effect such payment is not adverse in any material respect to the Holders of the Notes.

  • Compliance with Laws Comply in all material respects with the requirements of all Laws and all orders, writs, injunctions and decrees applicable to it or to its business or property, except in such instances in which (a) such requirement of Law or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted; or (b) the failure to comply therewith could not reasonably be expected to have a Material Adverse Effect.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

  • Amendments This Agreement may not be amended, modified or waived as to any particular provision, except by a written instrument executed by all parties hereto.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • NOW, THEREFORE the parties hereto agree as follows:

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