Common use of RESOLVING OBJECTIONS Clause in Contracts

RESOLVING OBJECTIONS. A. Should any signatory object in writing to Caltrans, or FHWA when it is the agency official, regarding the manner in which the terms of this Agreement are carried out, Caltrans or FHWA will immediately notify the other signatories and invited signatories of the objection and proceed to consult with the objecting party to resolve the objection. Caltrans or FHWA will honor the request of any other signatory or invited signatory to participate in the consultation and will take any comments provided by such parties into account. Caltrans or FHWA as appropriate shall establish a reasonable time frame for such consultation. B. If the objection is resolved through consultation, Caltrans or FHWA may authorize the disputed action to proceed in accordance with the terms of such resolution. C. If after initiating such consultation, Caltrans or FHWA determines that the objection cannot be resolved through consultation, Caltrans, or FHWA shall forward all documentation relevant to the objection to the ACHP, including Caltrans’ or FHWA’s proposed response to the objection. Within 30-calendar days after receipt of all pertinent documentation, the ACHP shall exercise one of the following options: 1. Advise Caltrans or FHWA that the ACHP concurs in Caltrans’ or FHWA’s proposed response to the objection, whereupon Caltrans or FHWA will respond to the objection accordingly; or 2. Provide Caltrans or FHWA with recommendations, which Caltrans or FHWA shall take into account in reaching a final decision regarding its response to the objection; or 3. Notify Caltrans or FHWA that the objection will be referred for comment consistent with 36 CFR § 800.7(a)(4) and proceed to refer the objection for comment. In this event, Caltrans or FHWA shall take the resulting comments into account consistent with 36 CFR § 800.7(c)(4). Caltrans responsibilities under this Agreement that are not the subject of the disagreement shall remain unchanged. D. Should the ACHP not exercise one of the foregoing options within 30 days after receipt of submitted pertinent documentation, the agency official’s responsibilities under Section 106 of the NHPA are fulfilled upon implementation of the proposed response to the objection. E. Caltrans or FHWA shall take into account any ACHP recommendation or comment and any comments from the other signatories and invited signatories to this Agreement in reaching a final decision- regarding the objection. Caltrans’ or FHWA’s responsibility to carry out all actions under this Agreement that are not the subjects of the objection shall remain unchanged. F. Caltrans or FHWA shall provide all other signatories and invited signatories to this Agreement with a written copy of its final decision regarding any objection addressed pursuant to Stipulation XX.X. X. Xxxxxxxx or FHWA may authorize any action subject to objection under items 1-6 of Stipulation XX.A to proceed, provided the objection has been resolved in accordance with the terms of items 1-6 of Stipulation XX.A.

RESOLVING OBJECTIONS. A. Should any signatory object in writing to Caltrans, or FHWA when it is the agency official, regarding the manner in which the terms of this Agreement are carried out, Caltrans or FHWA will immediately notify the other signatories and invited signatories of the objection and proceed to consult with the objecting party to resolve the objection. Caltrans or FHWA will honor the request of any other signatory or invited signatory to participate in the consultation and will take any comments provided by such parties into account. Caltrans or FHWA as appropriate shall establish a reasonable time frame for such consultation.and B. If the objection is resolved through consultation, Caltrans or FHWA may authorize the disputed action to proceed in accordance with the terms of such resolution. C. If after initiating such consultation, Caltrans or FHWA determines that the objection cannot be resolved through consultation, Caltrans, or FHWA shall forward all documentation relevant to the objection to the ACHP, including Caltrans’ or FHWA’s proposed response to the objection. Within 30-calendar days after receipt of all pertinent documentation, the ACHP shall exercise one of the following options: 1. Advise Caltrans or FHWA that the ACHP concurs in Caltrans’ or FHWA’s proposed response to the objection, whereupon Caltrans or FHWA will respond to the objection accordingly; or 2. Provide Caltrans or FHWA with recommendations, which Caltrans or FHWA shall take into account in reaching a final decision regarding its response to the objection; or 3. Notify Caltrans or FHWA that the objection will be referred for comment consistent with 36 CFR § 800.7(a)(4) and proceed to refer the objection for comment. In this event, Caltrans or FHWA shall take the resulting comments into account consistent with 36 CFR § 800.7(c)(4). Caltrans responsibilities under this Agreement that are not the subject of the disagreement shall remain unchanged. D. Should the ACHP not exercise one of the foregoing options within 30 days after receipt of submitted pertinent documentation, the agency official’s responsibilities under Section 106 of the NHPA are fulfilled upon implementation of the proposed response to the objection. E. Caltrans X. Xxxxxxxx or FHWA shall take into account any ACHP recommendation or comment and any comments from the other signatories and invited signatories to this Agreement in reaching a final decision- regarding the objection. Caltrans’ or FHWA’s responsibility to carry out all actions under this Agreement that are not the subjects of the objection shall remain unchanged. F. Caltrans X. Xxxxxxxx or FHWA shall provide all other signatories and invited signatories to this Agreement with a written copy of its final decision regarding any objection addressed pursuant to Stipulation XX.X.XX.A. X. Xxxxxxxx G. Caltrans or FHWA may authorize any action subject to objection under items 1-6 of Stipulation XX.A to proceed, provided the objection has been resolved in accordance with the terms of items 1-6 of Stipulation XX.A.6

RESOLVING OBJECTIONS. A. 1. Should any signatory object in writing to Caltrans, or FHWA when it is the agency official, regarding the manner in which the terms of this Agreement are carried out, Caltrans or FHWA will immediately notify the other signatories and invited signatories of the objection and proceed to consult with the objecting party to resolve the objection. Caltrans or FHWA will honor the request of any other signatory or invited signatory to participate in the consultation and will take any comments provided by such parties into account. Caltrans or FHWA as appropriate shall establish a reasonable time frame for such consultation. B. 2. If the objection is resolved through consultation, Caltrans or FHWA may authorize the disputed action to proceed in accordance with the terms of such resolution. C. 3. If after initiating such consultation, Caltrans or FHWA determines that the objection cannot be resolved through consultation, Caltrans, or FHWA shall forward all documentation relevant to the objection to the ACHP, including Caltrans’ or FHWA’s proposed response to the objection. Within 30-calendar days after receipt of all pertinent documentation, the ACHP shall exercise one of the following options: 1. a. Advise Caltrans or FHWA that the ACHP concurs in Caltrans’ or FHWA’s proposed response to the objection, whereupon Caltrans or FHWA will respond to the objection accordingly; or 2. b. Provide Caltrans or FHWA with recommendations, which Caltrans or FHWA shall take into account in reaching a final decision regarding its response to the objection; or 3. c. Notify Caltrans or FHWA that the objection will be referred for comment consistent with 36 CFR § 800.7(a)(4) and proceed to refer the objection for comment. In this event, Caltrans or FHWA shall take the resulting comments into account consistent with 36 CFR § 800.7(c)(4). Caltrans responsibilities under this Agreement that are not the subject of the disagreement shall remain unchanged. D. 4. Should the ACHP not exercise one of the foregoing options within 30 days after receipt of submitted pertinent documentation, the agency official’s responsibilities under Section 106 of the NHPA are fulfilled upon implementation of the proposed response to the objection. E. 5. Caltrans or FHWA shall take into account any ACHP recommendation or comment and any comments from the other signatories and invited signatories to this Agreement in reaching a final decision- regarding the objection. Caltrans’ or FHWA’s responsibility to carry out all actions under this Agreement that are not the subjects of the objection shall remain unchanged. F. 6. Caltrans or FHWA shall provide all other signatories and invited signatories to this Agreement with a written copy of its final decision regarding any objection addressed pursuant to Stipulation XX.X.XX.A.‌‌ X. Xxxxxxxx 7. Caltrans or FHWA may authorize any action subject to objection under items 1-6 of Stipulation XX.A to proceed, provided the objection has been resolved in accordance with the terms of items 1-6 of Stipulation XX.A.

RESOLVING OBJECTIONS. 770 A. Should any signatory object in writing to Caltrans, or FHWA when it is the agency official, 771 regarding the manner in which the terms of this Agreement are carried out, Caltrans or FHWA 772 will immediately notify the other signatories and invited signatories of the objection and 773 proceed to consult with the objecting party to resolve the objection. Caltrans or FHWA will 774 honor the request of any other signatory or invited signatory to participate in the consultation and will take any 775 comments provided by such parties into account. Caltrans or FHWA as appropriate shall 776 establish a reasonable time frame for such consultation. 777 B. If the objection is resolved through consultation, Caltrans or FHWA may authorize the 778 disputed action to proceed in accordance with the terms of such resolution. 779 C. If after initiating such consultation, Caltrans or FHWA determines that the objection cannot 780 be resolved through consultation, Caltrans, or FHWA shall forward all documentation relevant 781 to the objection to the ACHP, including Caltrans’ or FHWA’s proposed response to the 782 objection. Within 30-calendar days after receipt of all pertinent documentation, the ACHP shall 783 exercise one of the following options: 784 1. Advise Caltrans or FHWA that the ACHP concurs in Caltrans’ or FHWA’s proposed response 785 to the objection, whereupon Caltrans or FHWA will respond to the objection accordingly; or 786 2. Provide Caltrans or FHWA with recommendations, which Caltrans or FHWA shall take into 787 account in reaching a final decision regarding its response to the objection; or 788 3. Notify Caltrans or FHWA that the objection will be referred for comment consistent with 36 789 CFR § 800.7(a)(4) and proceed to refer the objection for comment. In this event, Caltrans or 790 FHWA shall take the resulting comments into account consistent with 36 CFR § 800.7(c)(4). 791 Caltrans responsibilities under this Agreement that are not the subject of the disagreement 792 shall remain unchanged. . 793 D. Should the ACHP not exercise one of the foregoing options within 30 days after receipt of 794 submitted pertinent documentation, the agency official’s responsibilities under Section 106 of 795 the NHPA are fulfilled upon implementation of the proposed response to the objection. E. Caltrans . 796 X. Xxxxxxxx or FHWA shall take into account any ACHP recommendation or comment and any 797 comments from the other signatories and invited signatories to this Agreement in reaching a 798 final decision- regarding the objection. Caltrans’ or FHWA’s responsibility to carry out all actions 799 under this Agreement that are not the subjects of the objection shall remain unchanged. F. Caltrans or FHWA shall provide all other signatories and invited signatories to this Agreement with a written copy of its final decision regarding any objection addressed pursuant to Stipulation XX.X. X. Xxxxxxxx or FHWA may authorize any action subject to objection under items 1-6 of Stipulation XX.A to proceed, provided the objection has been resolved in accordance with the terms of items 1-6 of Stipulation XX.A.

RESOLVING OBJECTIONS. A. 1. Should any signatory object in writing to Caltrans, or FHWA when it is the agency official, regarding the manner in which the terms of this Agreement are carried out, Caltrans or FHWA will immediately notify the other signatories and invited signatories of the objection and proceed to consult with the objecting party to resolve the objection. Caltrans or FHWA will honor the request of any other signatory or invited signatory to participate in the consultation and will take any comments provided by such parties into account. Caltrans or FHWA as appropriate shall establish a reasonable time frame for such consultation. B. 2. If the objection is resolved through consultation, Caltrans or FHWA may authorize the disputed action to proceed in accordance with the terms of such resolution. C. 3. If after initiating such consultation, Caltrans or FHWA determines that the objection cannot be resolved through consultation, Caltrans, or FHWA shall forward all documentation relevant to the objection to the ACHP, including Caltrans’ or FHWA’s proposed response to the objection. Within 30-calendar days after receipt of all pertinent documentation, the ACHP shall exercise one of the following options: 1. a. Advise Caltrans or FHWA that the ACHP concurs in Caltrans’ or FHWA’s proposed response to the objection, whereupon Caltrans or FHWA will respond to the objection accordingly; or 2. b. Provide Caltrans or FHWA with recommendations, which Caltrans or FHWA shall take into account in reaching a final decision regarding its response to the objection; or 3. c. Notify Caltrans or FHWA that the objection will be referred for comment consistent with 36 CFR § 800.7(a)(4) and proceed to refer the objection for comment. In this event, Caltrans or FHWA shall take the resulting comments into account consistent with 36 CFR § 800.7(c)(4). Caltrans responsibilities under this Agreement that are not the subject of the disagreement shall remain unchanged. D. 4. Should the ACHP not exercise one of the foregoing options within 30 days after receipt of submitted pertinent documentation, the agency official’s responsibilities under Section 106 of the NHPA are fulfilled upon implementation of the proposed response to the objection. E. 5. Caltrans or FHWA shall take into account any ACHP recommendation or comment and any comments from the other signatories and invited signatories to this Agreement in reaching a final decision- regarding the objection. Caltrans’ or FHWA’s responsibility to carry out all actions under this Agreement that are not the subjects of the objection shall remain unchanged. F. 6. Caltrans or FHWA shall provide all other signatories and invited signatories to this Agreement with a written copy of its final decision regarding any objection addressed pursuant to Stipulation XX.X.XX.A. X. Xxxxxxxx 7. Caltrans or FHWA may authorize any action subject to objection under items 1-6 of Stipulation XX.A to proceed, provided the objection has been resolved in accordance with the terms of items 1-6 of Stipulation XX.A.