Resolve Adverse Effects Sample Clauses

Resolve Adverse Effects a. Following public outreach and invitation of any additional consulting parties, the Department shall continue to consult with the SHPO, THPO/Indian Tribes, and other consulting parties to seek ways to avoid, minimize, or mitigate the adverse effect. b. If through further consultation the adverse effect can be avoided, the Department shall complete the review process as may be appropriate in accordance with Section III.A.1., III.A.2., or III.A.3. c. If the adverse effect cannot be avoided, the Department shall consult with the SHPO, THPO/Indian Tribes, and other consulting parties regarding appropriate minimization and/or mitigation measures. i. Minimization and/or mitigation measures shall be commensurate with the extent of the adverse effect to historic properties. ii. Minimization and/or mitigation measures may include, but are not limited to: archaeological data recovery, archaeological/historical contextual reports, archeological monitoring, preservation easements, detailed historic structure documentation, architectural salvage, interpretive and educational material, or signage. Other creative and meaningful minimization and/or mitigation alternatives as agreed upon by the Department, the SHPO, THPO/Indian Tribes, and other consulting parties. d. If the Department, the SHPO, THPO/Indian Tribes, and other participating interested parties, agree on how the adverse effects will be resolved, the Department and the SHPO shall execute a memorandum of agreement (MOA). The THPO/Indian Tribes shall be invited to concur in the MOA. i. The Department shall include the MOA as part of the issued permit and shall include specific permit conditions as necessary. ii. The Department shall ensure that the permittee carries out the permitted activity in accordance with the MOA and any specific permit conditions. e. If agreement cannot be reached, the Department shall attempt to continue consultation to reach an acceptable agreement. However, if agreement is not possible, the Department shall proceed according to Section III.C.
Sample 1
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Resolve Adverse Effects. SHPO concurs No consulting party disagrees Apply Criteria of Adverse Effect objection resolved Submit documentation to SHPO SECTION 106 PA FLOWCHART Follow36 CFR 800 historic properties may be affected 1. Establish Undertaking
Sample 1
Resolve Adverse Effects a. Following public outreach and invitation of any additional consulting parties, the Department shall continue to consult with the SHPO, THPO/Indian Tribes, and other consulting parties to seek ways to avoid, minimize, or mitigate the adverse effect. b. If through further consultation the adverse effect can be avoided, the Department shall complete the review process as may be appropriate in accordance with Section III.A. I ., 111.A.2., or 111.A.3. c. If the adverse effect cannot be avoided, the Department shall consult with the SHPO, THPO/lndian Tribes, and other consulting parties regarding appropriate minimization and/or mitigation measures. 1. Minimization and/or mitigation measures shall be commensurate with the extent of the adverse effect to historic properties.
Sample 1
Resolve Adverse Effects. Avoid, minimize, or mitigate adverse effects. Notify ACHP and involve the public per the PA. Delineate your Area of Potential Effects (APE) in VCRIS No Historic Property(ies) Affected SHPO DOES NOT CONCUR SHPO CONCURS 106 COMPLETE SHPO CONCURS 106 COMPLETE SHPO CONCURS 106 COMPLETE
Sample 1

Related to Resolve Adverse Effects

  • Litigation; Adverse Effects (a) To the best of Borrower’s knowledge, there is no Proceeding, pending or threatened, against Borrower or any property of Borrower (including the Property), which, if adversely determined, would result in a Material Adverse Effect. (b) Except as disclosed on Schedule 5.11 hereto, Borrower is not (i) in violation of any applicable law, which violation has a Material Adverse Effect, or (ii) subject to or in default with respect to any Court Order which has a Material Adverse Effect.

  • Material Adverse Effect The occurrence of any event or condition that has had, or could reasonably be expected to have, a Material Adverse Effect.

  • Company Material Adverse Effect Since the date of this Agreement, there shall not have been any Company Material Adverse Effect or any event, change, or effect that would, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect.

  • No Adverse Effect The acquisition by the Trust of the Receivables arising in the Additional Accounts shall not, in the reasonable belief of the Transferor, result in an Adverse Effect;

  • No Company Material Adverse Effect Since the date of this Agreement, there shall not have occurred any Company Material Adverse Effect.

  • Parent Material Adverse Effect Since the date of this Agreement, there shall not have been any Parent Material Adverse Effect or any event, change, or effect that would, individually or in the aggregate, reasonably be expected to have a Parent Material Adverse Effect.

  • Absence of Material Adverse Effect Since the date of this Agreement, there shall not have been any event, change or occurrence that, individually or in the aggregate, has had or would reasonably be expected to have a Company Material Adverse Effect.

  • Notice of Material Adverse Effect The Company shall notify the Buyer (and any subsequent holder of the Debentures), as soon as practicable and in no event later than three (3) business days of the Company’s knowledge of any Material Adverse Effect on the Company. For purposes of the foregoing, “knowledge” means the earlier of the Company’s actual knowledge or the Company’s constructive knowledge upon due inquiry.

  • Financial Condition; No Material Adverse Effect (a) The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein and (ii) fairly present in all material respects the financial condition of the Acquired Company and its Subsidiaries as of the respective dates thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein. (b) The Unaudited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein, and (ii) fairly present in all material respects the financial condition of the Acquired Company and its Subsidiaries as of the dates thereof and their results of operations for the periods covered thereby, subject, in the case of clauses (i) and (ii), to the absence of footnotes and to normal year-end audit adjustments. (c) The Borrower has heretofore furnished to the Joint Lead Arrangers the consolidated pro forma balance sheet of the Borrower and its Subsidiaries as of March 31, 2015, and the related consolidated pro forma statement of operations of the Borrower as of and for the twelve-month period then ended (such pro forma balance sheet and statement of operations, the “Pro Forma Financial Statements”), which have been prepared giving effect to the Transactions (excluding the impact of purchase accounting effects required by GAAP) as if such Transactions had occurred as of such date (in the case of such balance sheet) or at the beginning of such period (in the case of such statement of operations). The Pro Forma Financial Statements have been prepared in good faith, based on assumptions believed by the Borrower to be reasonable as of the date of delivery thereof, and present fairly in all material respects on a pro forma basis and in accordance with GAAP the estimated financial position of the Borrower and its Subsidiaries as of March 31, 2015, and their estimated results of operations for the periods covered thereby, assuming that the Transactions had actually occurred as of such date (in the case of such balance sheet) or at the beginning of such period (in the case of such statement of operations). (d) Since the Closing Date, there has been no Material Adverse Effect.

  • No Material Adverse Effect Since the date of this Agreement, there shall not have occurred any Material Adverse Effect.

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