REGULATORY CERTAINTY Clause Samples
The Regulatory Certainty clause establishes clear expectations regarding compliance with applicable laws and regulations throughout the duration of an agreement. It typically requires both parties to adhere to current legal standards and may outline procedures for addressing changes in the regulatory environment, such as updating practices or renegotiating terms if new laws impact the agreement. This clause's core function is to minimize legal risk and ambiguity by ensuring that both parties are aligned on their obligations in a shifting regulatory landscape.
REGULATORY CERTAINTY. 24A.1 In this clause 24A and Annexure 1 the following terms have the meanings indicated:
REGULATORY CERTAINTY. Reduce administrative burdens on the offshore wind industry by clarifying, streamlining, and aligning, where appropriate, state regulatory requirements related to construction and installation of offshore wind projects;
REGULATORY CERTAINTY. DOI and the states intend that this Program, if implemented, provide regulatory certainty under the ESA to existing water related activities and to certain new water related activities subject to review under section 7 of the ESA. DOI and the states anticipate that the Program, as it may be modified after NEPA and ESA evaluation and over time, will serve as the reasonable and prudent alternative under section 7 for existing water related activities and covered new water related activities during the term of the Program. Notwithstanding that Program activities described below will generally be focused on the geographic area defined herein as Aassociated habitats,@ the implementation of such activities is to serve as the reasonable and prudent alternative for impacts to the target species and their habitats within the Platte River Basin downstream from the confluence of the North and South Platte Rivers. Regulatory certainty will be provided by the following mechanisms:
A. For water related activities existing as of the effective date of the Cooperative Agreement, FWS intends that the reasonable and prudent alternative during the term of the Program shall be the activities carried out by or on behalf of those water related activities through the Program, as described above and as set forth in Appendix B, AContributions of the Parties During the First Increment,@ and as may be set forth in the future for subsequent Program increments. For water related activities existing as of the effective date of the Cooperative Agreement for which consultation pursuant to section 7 was completed prior to or during the term of the Cooperative Agreement (covered by Cooperative Agreement Paragraphs VIII.A.1, 2 and 4), payments made or measures undertaken by or on behalf of these water related activities during the term of the Cooperative Agreement shall be credited against the payments and measures set forth in Appendix B to the extent they contribute to the land acquisition and restoration purposes of the Program.
B. For new water related activities subject to section 7(a)(2) of the ESA, FWS intends that the reasonable and prudent alternative during the term of the Program shall be the activities carried out by or on behalf of those water related activities through the Program, as described below and as set forth in Appendix A, Tabs 1B, 2B, 3B, APlan[s] for Future Depletions@ for the respective states. For such water related activities for which consultation pursuant to sec...
REGULATORY CERTAINTY
