Safe Harbor Agreement Sample Clauses
Safe Harbor Agreement. This Agreement is entitled to the rights, remedies, and protections afforded by and under, among other sections, sections 362(b)(6), 362(b)(17), 362(b)(27), 362(o), 546(e), 546(g), 546(j), 548(d), 553, 556, 560, 561 and 562 of the Bankruptcy Code, and any cash, securities or other property provided as credit support or collateral with respect to this Agreement shall constitute "margin payments" as defined in section 101(38) of the Bankruptcy Code and all payments for, under or in connection with the transactions contemplated hereby, shall constitute “settlement payments” as defined in section 101(51A) of the Bankruptcy Code.
Safe Harbor Agreement the Property is currently encumbered by the District’s Safe Harbor Agreement (SHA) with the United States Fish & Wildlife Service (US FWS). The SHA covers 28,000 acres of enrolled property and functions as a mitigation agreement with the US FWS in the event of an accidental “take” or “harm” to one of the species included in the SHA. During the sale process the District is required to notify both the US FWS and prospective Buyer of the Property of the SHA, this notification removes the Property from the SHA (see Letter from ▇▇▇▇▇ ▇▇▇▇▇, dated 11/15/17).
Safe Harbor Agreement. This Agreement is between the Department and the USFWS and is effective and binding on the date of the last signature in Section 2.13. Administrators of this Agreement are: Department: Director Arizona Game and Fish Department ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ USFWS: Field Supervisor Arizona Ecological Services Office U.S. Fish and Wildlife Service ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ In addition to the Department and the USFWS, this Agreement also encompasses any private landowner in the covered area who agrees to undertake, or who allows to be undertaken by other parties, applicable Chiricahua leopard frog management measures, reestablishment of populations, and other measures as described in the Agreement generally, and who obtains a Certificate of Inclusion from the Department as described in Section 2.1 of the Agreement. For purposes of this Agreement, any such landowner is termed a “Participating Landowner.” Landowners within or adjacent to the covered area who do not wish to directly participate in Chiricahua leopard frog management, reestablishment of populations, or other conservation enhancement measures, but are willing to follow minimization measures, may also gain assurances by obtaining a Certificate of Inclusion from the Department. Any such landowner will be considered a “Participating Neighbor.” The Agreement may also encompass certain State agencies, especially the Arizona State Land Department (ASLD), which administers State lands and grazing allotments in the covered area. For purposes of the Agreement, any such agency is termed a “Participating State Agency.” Thus, this Agreement is effective and binding on any Participant as of the effective date of a Certificate of Inclusion issued by the Department to that landowner or State agency. The obligations of Participating Landowners and Participating State Agencies under this Agreement are summarized in Section 2.5 and Section 3.2. The primary difference between a Participating Landowner and a Participating Neighbor is that the Participating Landowner will typically volunteer to have Chiricahua leopard frogs established at one (or more) appropriate enrolled site(s), create new or more stable habitat, or enhance habitat where Chiricahua leopard frogs already exist on the property, whereas the Participating Neighbor may receive Chiricahua leopard frogs through natural movements and dispersal into existing habitat sites. Additional cooperators under this Ag...