Common use of Replacement SEP Clause in Contracts

Replacement SEP. If there is a material failure, in whole or in part, to perform the Calas Park Stormwater SEP described in Section III, paragraph 2.b., and Attachment B, due to circumstances beyond the control of the Discharger and/or the Discharger’s agents (e.g., the City of Xxxxxx), and the Los Angeles Water Board does not move to collect the Payment of Suspended Liability amount as provided in Section III, paragraph 18, above, the Parties agree that the Discharger may propose a Replacement SEP. Whether there is a material failure to perform the Calas Park Stormwater SEP described in Section III, paragraph 2.b., and Attachment B shall be determined by the Executive Officer. The Discharger shall have sixty (60) days from the date of the Executive Officer’s determination to propose a Replacement SEP(s). The cost of the Replacement SEP shall be for the entire SEP Amount, or some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing and shall be treated as a suspended liability subject to the same conditions provided for the SEP being replaced. The terms and conditions of the Replacement SEP shall be memorialized in a Supplemental Agreement to this Stipulated Order, signed by both parties and approved by the Los Angeles Water Board or its delegee. The Replacement SEP shall meet the criteria in the SEP Policy, and shall be completed within 36 months of the Los Angeles Water Board’s or its delegee’s approval of the Supplemental Agreement (Replacement SEP Completion Date). The Executive Officer may grant an extension for good cause shown as to why the Replacement SEP cannot be completed by the Replacement SEP Completion Date. The Parties agree that, unless requested by the Executive Officer, the Supplemental Agreement will not be subject to public notice and comment so long as the initial notice and comment period complied with federal and/or state requirements. If there is a material failure to perform a Replacement SEP, then the Executive Officer shall issue a “Notice of Failure to Complete SEP” as described in Section III, paragraph 18. The Discharger shall not have an opportunity to propose a second Replacement SEP should it fail to complete the Replacement SEP for any reason.

Replacement SEP. If there is a material failure, in whole or in part, to perform the Calas Park Stormwater SEP SEPs described in Section III, paragraph 2.b., and Attachment BParagraph 9.c, due to circumstances beyond the control of the Discharger Discharger, Rose Foundation, and/or the Discharger’s agents (e.g., the City of Xxxxxx)SEP Implementing Parties, and the Los Angeles Regional Water Board does not move to collect the Payment of Suspended Liability amount as provided in Section III, paragraph 18, Paragraph 22 above, the Parties agree that the Discharger may propose a Replacement SEP. Whether there is a material failure to perform the Calas Park Stormwater SEP SEP(s) described in Section III, paragraph 2.b., and Attachment B Paragraph 9.c shall be determined by the Executive Officer. The Discharger shall have sixty (60) 60 days from the date of the Executive Officer’s determination to propose a Replacement SEP(s)SEP. The cost of the Replacement SEP shall be for the entire SEP Amount, or or, some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing and shall be treated as a suspended liability subject to the same conditions provided for the SEP being replaced. The terms and conditions of the Replacement SEP shall be memorialized in a Supplemental Agreement to this Stipulated Order, signed by both parties Parties and approved by the Los Angeles Regional Water Board or its delegee. The Replacement SEP shall meet the criteria in the SEP Policy, Policy and shall be completed within 36 months of the Los Angeles Regional Water Board’s or its delegee’s approval of the Supplemental Agreement (Replacement SEP Completion Date). The Executive Officer may grant an extension for good cause shown as to why the Replacement SEP cannot be completed by the Replacement SEP Completion Date. The Parties agree that, unless requested by the Executive Officer, the Supplemental Agreement will not be subject to public notice and comment so long as the initial notice and comment period complied complies with federal and/or state requirements. If there is a material failure to perform a Replacement SEP, then the Executive Officer shall issue a “Notice of Failure to Complete SEP” as described in Section III, paragraph 18Paragraph 22. The Discharger shall not have an opportunity to propose a second Replacement SEP should it fail to complete the Replacement SEP for any reason.

Replacement SEP. If there is a material failure, in whole or in part, to perform the Calas Park Stormwater SEP described in Section III, paragraph 2.bParagraph 9.b., and Attachment B, due to circumstances beyond the control of the Discharger Discharger, Rose Foundation, and/or the Discharger’s agents (e.g., the City of Xxxxxx)SEP Implementing Party, and the Los Angeles Regional Water Board does not move to collect the Payment of Suspended Liability amount as provided in Section III, paragraph 18, Paragraph 22 above, the Parties agree that the Discharger may propose a Replacement SEP. Whether there is a material failure to perform the Calas Park Stormwater SEP SEP(s) described in Section III, paragraph 2.b., and Attachment B Paragraph 9.b. shall be determined by the Executive Officer. The Discharger shall have sixty (60) 60 days from the date of the Executive Officer’s determination to propose a Replacement SEP(s)SEP. The cost of the Replacement SEP shall be for the entire SEP Amount, or or, some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing and shall be treated as a suspended liability subject to the same conditions provided for the SEP being replaced. The terms and conditions of the Replacement SEP shall be memorialized in a Supplemental Agreement to this Stipulated Order, signed by both parties and approved by the Los Angeles Regional Water Board or its delegee. The Replacement SEP shall meet the criteria in the SEP Policy, and shall be completed within 36 months of the Los Angeles Regional Water Board’s or its delegee’s approval of the Supplemental Agreement (Replacement SEP Completion Date). The Executive Officer may grant an extension for good cause shown as to why the Replacement SEP cannot be completed by the Replacement SEP Completion Date. The Parties agree that, unless requested by the Executive Officer, the Supplemental Agreement will not be subject to public notice and comment so long as the initial notice and comment period complied complies with federal and/or state requirements. If there is a material failure to perform a Replacement SEP, then the Executive Officer shall issue a “Notice of Failure to Complete SEP” as described in Section III, paragraph 18Paragraph 22. The Discharger shall not have an opportunity to propose a second Replacement SEP should it fail to complete the Replacement SEP for any reason.

Replacement SEP. If there is a material failure, in whole or in part, to perform the Calas Park Stormwater Tree Planting SEP described in Section III, paragraph 2.b., and Attachment B, due to circumstances beyond the control of the Discharger Discharger, the Rose Foundation, and/or the Discharger’s agents (e.g., the City of Xxxxxx)SEP Implementing Party, and the Los Angeles Water Board does not move to collect the Payment of Suspended Liability amount remaining SEP Amount as provided in Section III, paragraph 1816, above, the Parties agree that the Discharger may propose a Replacement SEP. Whether there is a material failure to perform the Calas Park Stormwater Tree Planting SEP described in Section III, paragraph 2.b., and Attachment B B, shall be determined by the Executive Officer. The Discharger shall have sixty (60) days from the date of the Executive Officer’s determination to propose a Replacement SEP(s). The cost of the Replacement SEP shall be for the entire SEP Amount, or some portion thereof less reflecting the value of any completed milestones of the Tree Planting SEP as stipulated to by the Parties in writing and shall be treated as a suspended liability subject to the same conditions provided for the SEP being replaced. The terms and conditions of the Replacement SEP shall be memorialized in a Supplemental Agreement to this Stipulated Order, signed by both parties and approved by the Los Angeles Water Board or its delegee. The Replacement SEP shall meet the criteria in the SEP Policy, Policy and shall be completed within 36 months of the Los Angeles Water Board’s or its delegee’s approval of the Supplemental Agreement (Replacement SEP Completion Date). The Executive Officer may grant an extension for good cause shown as to why the Replacement SEP cannot be completed by the Replacement SEP Completion Date. The Parties agree that, unless requested by the Executive Officer, the Supplemental Agreement will not be subject to public notice and comment so long as the initial notice and comment period complied with federal and/or state requirements. If there is a material failure to perform a Replacement SEP, then the Executive Officer shall issue a “Notice of Failure to Complete SEP” as described in Section III, paragraph 18. The Discharger shall not have an opportunity to propose a second Replacement SEP should it fail to complete the Replacement SEP for any reason.paragraph