Response to Unforeseen Circumstances Sample Clauses

Response to Unforeseen Circumstances. Upon a determination that an unforeseen circumstance has occurred and that additional Conservation Measures are required to address the unforeseen circumstance that were neither identified in the Conservation Plan nor capable of implementation within the budget set forth in Chapter 7 of the HCP, and provided that the Permittees are in compliance with any applicable terms of the LCR MSCP, the cost of any additional Conservation Measures will be borne by the Federal government, other governmental agencies, private conservation organizations, or other private entities who are not part of the LCR MSCP. Costs associated with modifications to the Conservation Plan resulting from any such Conservation Measures shall be dealt with in accordance with section 9.9 of the FMA.
Sample 1Sample 2
AutoNDA by SimpleDocs
Response to Unforeseen Circumstances. Provided that the Conservation Plan is being properly implemented by the Permittees, upon a determination that an unforeseen circumstance exists and that additional Conservation Measures neither identified in the Conservation Plan nor capable of implementation within the budget set forth in Chapter 9 of the HCP are required to address the unforeseen circumstance, Permittees shall not be required to undertake additional conservation or mitigation measures not already provided for by the Conservation Plan without the express, written consent of the Permittees. If the Service determines, in accordance with 50 C.F.R. §17.22, that additional conservation and mitigation measures are deemed necessary to respond to unforeseen circumstances, the Service may require additional measures of Permittees only to the extent such measures are limited to modifications within conserved habitat areas or to changes to the Conservation Plan’s conservation program for the affected species. Any such modifications must maintain the original terms of the Conservation Plan to the maximum extent possible. Without the express and written consent of Permittees, under no circumstance shall the Service require additional conservation and/or mitigation measures that would involve the commitment of additional land, water, or financial compensation or any additional restrictions on the use of land, water, or other natural resources otherwise available for development or use under the terms of the Conservation Plan. In accordance with this Paragraph, to the extent the Service determines that additional conservation and/or mitigation measures are necessary to respond to unforeseen circumstances, any costs associated with modifications to the Conservation Plan resulting from any such Conservation Measures shall be dealt with in accordance with applicable regulations and Section of the FMA.
Sample 1

Related to Response to Unforeseen Circumstances

  • Unforeseen Circumstances Contractor is not responsible for any delay caused by natural disaster, war, civil disturbance, labor dispute or other cause beyond Contractor's reasonable control, provided Contractor gives written notice to County of the cause of the delay within 10 days of the start of the delay.

  • Unusual Circumstances If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur, and those circumstances significantly affect the Contractor’s cost in providing the required prior items or services, then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the Contractor, and the requested adjustments must be fully documented. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the City will reserve the following options:

  • Changes in Circumstances It is expressly understood and agreed that the Grantee assumes all risks incident to any change hereafter in the applicable laws or regulations or incident to any change in the market value of the Restricted Shares after the date hereof.

  • Change in Circumstances SECTION 8.01. Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Interest Period for any Euro-Dollar Loan:

  • Exceptional Circumstances The Recipient agrees that the Federal Government may require another method of valuation to be used to determine the fair market value of Project real property withdrawn from service. In unusual circumstances, the Recipient may request permission to use another reasonable valuation method including, but not limited to accelerated depreciation, comparable sales, or established market values.

  • Special Circumstances An employee shall be entitled to extend the maternity leave by up to an additional six (6) consecutive weeks' leave without pay where a physician certifies the employee as unable to return to work for medical reasons related to the birth. An employee shall be entitled to extend the parental leave by up to an additional five (5) consecutive weeks' leave without pay where the child is at least six (6) months of age before coming into the employee's care and custody and the child is certified as suffering from a physical, psychological or emotional condition. Provided however, that in no case shall the combined maternity and parental leave exceed fifty-two (52) consecutive weeks following the commencement of the leave.

  • CHANGE OF CIRCUMSTANCES The Company will, at any time during the pendency of a Placement Notice advise the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to the Agent pursuant to this Agreement.

  • Extraordinary Circumstances If either party is rendered unable, wholly or in part, by reason of strikes, accidents, acts of God, weather conditions or any other acts beyond its control and without its fault or negligence to comply with any obligations or performance required under this Agreement, then such party shall have the option to suspend its obligations or performance hereunder until the extraordinary performance circumstances are resolved. If the extraordinary performance circumstances are not resolved within a reasonable period of time, however, the non-defaulting party shall have the option, upon prior written notice, of terminating the Agreement.

  • FORCE MAJEURE CIRCUMSTANCES Lithium Hosting, llc CANNOT and WILL NOT be liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood or other natural disaster, strike or other labor disturbances, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

  • Extenuating Circumstances ‌ The provisions of the national legislation of member States on extenuating circumstances shall apply to the offenses provided for in this Annex.

Time is Money Join Law Insider Premium to draft better contracts faster.