SCREENED UNDERTAKINGS Sample Clauses

SCREENED UNDERTAKINGS. Screened undertakings are those undertakings that have the potential to affect historic properties, but following appropriate screening, may be determined exempt from further review or consultation under this Agreement. The Caltrans PQS is responsible for screening those individual undertakings that are included within the classes of screened undertakings listed below to determine if those individual undertakings require further consideration, or if they may be determined exempt from further review or consultation under the terms of this Agreement, as prescribed by Stipulation VII. The undertaking will not qualify as exempt from further review if conditions must be imposed on the undertaking to ensure that potential historic properties would not be affected. All features of the undertaking, including the identification of mandatory storage, disposal, or borrow areas and construction easements, must be identified prior to the screening process. If additional features are added to a screened undertaking, the undertaking must be rescreened. This Attachment applies only when the federal undertaking is limited exclusively to one or more of the activities listed below. Additional Section 106 review will be required, following the steps outlined in Stipulation VIII of the Agreement, if the Caltrans PQS determines that the undertaking has potential to affect historic properties.
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SCREENED UNDERTAKINGS. The HPM/DHPS may determine that a specific undertaking subsumed under the list of Screened Undertakings found in Appendix D qualifies for certification as such under the streamlined procedures in this PA. Documentation regarding a Screened Undertaking’s certification and exemption from additional review under this PA shall be retained in a Forest’s cultural resources or project files, and entered into the Forest Service’s INFRA database. (a) Any Forest may elect to review a normally Screened Undertaking under the non- exempted terms of this PA or 36 CFR part 800. (b) The SHPO or ACHP may request that a Screened Undertaking, or groups thereof, instead be considered undertakings subject to the identification and other stipulations under this PA or 36 CFR 800. (c) The SHPO or ACHP may request that a Forest consult with it about a particular Screened Undertaking or groups thereof, prior to continued consideration under this PA. (d) Should disputes or objections arise to Screened Undertakings or to classes of Screened Undertakings, except any undertaking being reviewed under the agency’s appeal regulations or procedures, see Stipulation 12.1. (e) Should an objection by the public arise to a Screened Undertaking prior to implementation, the Forest shall consult with the objecting party and the SHPO for not more than 30 calendar days following receipt to resolve the objection. If the objection is resolved within this timeframe, the parties shall proceed in accordance with the terms of that resolution. If the objection cannot be resolved within this time frame, and the Forest and the SHPO have not agreed to extend the consultation period, the Forest shall submit the disputed undertaking for review either under this PA or under 00 XXX xxxx 000 (Xxxxxxxx X). (f) Any Signatory to this PA may propose that Appendix D be modified by removal or revision of Screened Undertakings or by addition of a previously non-screened class of undertakings. Such proposals for modification of Appendix D shall be considered pursuant to the provisions for revisions or amendment of this PA at Stipulations 12.2 – 12.
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SCREENED UNDERTAKINGS. The following screened undertakings require HPL screening for historic characteristic compatibility. They may or may not be approved based on historic preservation needs. In addition, they require Special Use Administrator approval and Forest Service authorization. Screened undertakings are otherwise exempt from further review or consultation pursuant to this PA or 36 C.F.R. 800; but, they must be reported as screened exemptions in the annual report for the Regional or Sierra PAs. 1. Structural upgrades to meet building code or health and safety requirements that are visible but otherwise meet FSH 2709.11,41.23g guidance and the Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic Buildings. 2. Installation of an accessible elevator when not visible from the primary facade, and where matching exterior historic fabric and character. 3. Minor addition (less than 9 square feet) for storage or installation of mechanical equipment (e.g., water heater or furnace) on building exterior, if the addition meets the Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic Buildings, when not visible from the primary facade, and where matching surrounding exterior fabric and historic character. 4. Installation of light tubes and skylights, if they are not visible from the primary facade, if installation meets the Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic Buildings, and if their installation is compatible with the historic materials and character of the recreation residence and the tract as a whole. 5. Addition, reconstruction, or remodeling (e.g., addition of dormers or a room, or updating a bathroom or kitchen) that substantially alters the exterior appearance of the cabin, if its plans are completed by a licensed architect or general contractor, as follows. The licensed architect or contractor must use the skills of a preservation engineer, historic architect, or architectural historian to develop the plans; must have experience in rehabilitation of historic buildings; and must apply the Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic Buildings to development of the plans. The addition, reconstruction, or remodel must meet the guidelines in FSH 2709.11,41.23g 2b and/or 2c, and must be compatible with the historic character of the recreation residence and with the character of the tract as a whole. For example, if the recreation residence is a lo...
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SCREENED UNDERTAKINGS. Screened undertakings are classes of undertakings that have the potential to affect historic properties, but following appropriate screening, may be determined exempt from further Section 106 review under this Agreement. Caltrans PQS may only determine the undertaking to be exempt if, after screening, they determine that the undertaking will not affect historic properties. This appendix applies only when the undertaking is limited exclusively to one or more of the activities listed below. If the Caltrans PQS determines that the undertaking has potential to affect historic properties, additional Section 106 review will be required following the steps outlined in Stipulation VIII of this Agreement. The Caltrans PQS is responsible for screening individual undertakings that fall into one or more of the classes of screened undertakings listed below to determine if the individual undertaking requires further consideration, or if it may be determined exempt from further review under the terms of this Agreement, as prescribed by Stipulation VII. Only Caltrans PQS may determine that an undertaking is exempt from further review as a result of screening. Except for minor maintenance on historic bridges and tunnels, the undertaking will not qualify as exempt from further review if there may be historic properties present that could be affected. An undertaking will not qualify as exempt from review if conditions must be imposed to ensure that potential historic properties would not be affected. All features of the undertaking, including the identification of mandatory and/or designated storage, disposal, or borrow areas, depth of disturbance, and construction easements, must be identified prior to the screening process. If additional features are added to a screened undertaking, the undertaking must be rescreened. The screening process may include one or more of the following procedures. The process is not limited to the procedures below, nor are all these procedures required for all undertakings. Screening should be appropriate to the specific complexity, scale, scope, and location of the undertaking. Screening may include: • Literature/records review to determine potential for involvement of historic properties. • Desktop geoarchaeological analysis or buried site sensitivity analysis. • Contacting California Native American Tribes who are traditionally affiliated with the undertaking area and inviting them to consult on the undertaking. • Field review of undertaking ...
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SCREENED UNDERTAKINGS. FHRMs or FHRSs shall determine whether a specific undertaking subsumed in the following classes of undertakings may be treated as exempt under this PA. If the FHRM or FHRS determines that an undertaking may affect historic properties, the undertaking shall not be considered exempt and shall be subject to the provisions of this Agreement or 00 XXX 000, as appropriate. Exempt undertakings may include: 1. land use planning activities that do not authorize specific undertakings (e.g., Forest Land and Resource Management Plans, Wilderness Plans, Wild and Scenic River Plans); 2. activities whose APE is entirely within obviously disturbed contexts, and the disturbance is such that the presence of historic properties is considered highly unlikely; 3. activities that do not involve ground or surface disturbance (e.g., timber stand improvement, precommercial thinning, nondisturbing wildlife structures, and fuels treatment), and that do not have the potential to affect access to or use of resources by Native Americans;
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SCREENED UNDERTAKINGS. Some types of undertakings, by their nature, usually have little potential to affect historic properties, but may have such potential under certain circumstances and contexts. The circumstances and contexts of such undertakings shall be reviewed (screened) by the FHRM or FHRS to determine whether further consideration of heritage preservation activities is necessary. Undertakings that shall be screened by the FHRM or FHRS are listed in Attachment 4.II.
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Related to SCREENED UNDERTAKINGS

  • Undertakings The Company shall comply with all the provisions of any undertakings contained and required to be contained in the Registration Statement.

  • WARRANTIES AND UNDERTAKINGS 18.1 Each Party warrants to the other that: (a) subject to Clause 18.2, it has obtained and will maintain at all times during the Term all licences, authorisations, permits, consents and other approvals necessary to enter into this Agreement and to enable it to fulfil its obligations under this Agreement; (b) it has negotiated, entered into and executed this Agreement as principal (and not as agent or in any other capacity, fiduciary or otherwise); and (c) it is and will remain a party to the Network Code for the duration of the Term. 18.2 Where the Service Provider does not hold a gas shipper licence, the Service Provider warrants that it shall use the shipping services of the licensed gas shipper whose Shipper Short Code is specified in Schedule 1 for the purpose of fulfilling its obligations under this Agreement. The Service Provider warrants that such licensed gas shipper has and will continue to hold throughout the Term a licence permitting it to ship gas on the NTS, and will ship Natural Gas on the NTS on behalf of the Service Provider for the purposes of the Service Provider’s performance of this Agreement. 18.3 The Service Provider acknowledges that the Customer requires the services provided under this Agreement (and in particular the withdrawal service) to comply with the Gas Safety (Management) Regulations 1996, and that the Customer requires a physical flow of Natural Gas from the Facility at least equal to its Nominated Withdrawal Quantity. Accordingly, the Service Provider warrants to the Customer, subject to Clauses 7, 13 and 14, that it shall ensure that: (a) the physical flow of Natural Gas from the Facility to the NTS on any Day in respect of which the Customer has submitted a Withdrawal Nomination is not less than the Nominated Withdrawal Quantity plus the Reallocation Quantity (if any) plus the quantity of Natural Gas nominated for withdrawal by other users of the Facility less the quantity of Natural Gas nominated for injection by the Customer and other users of the Facility; and (b) the Service Provider shall not knowingly or deliberately do anything that would put the Customer in breach of the Gas Safety (Management) Regulations 1996 and shall fully co-operate with the Customer insofar as such co-operation is required to ensure that the Customer complies with its obligations under the Gas Safety (Management) Regulations 1996. The Service Provider acknowledges and agrees that the provision of the Service is in accordance with its obligation pursuant to Regulation 6(6) of the Gas Safety (Management) Regulations 1996. 18.4 The Service Provider warrants to the Customer that, at the Gas Delivery Point, Natural Gas to be withdrawn shall be free from lien, charge, encumbrance or adverse claim (as to title or otherwise) including any claim for any Tax, royalty or other charge arising on or before withdrawal. The Service Provider shall indemnify the Customer and hold it harmless against any loss, liability, damage, claim, action, proceeding, cost, and expense suffered or incurred by or made or brought against the Customer in consequence of a breach of this warranty. 18.5 The Customer warrants to the Service Provider that, at the Gas Delivery Point, Natural Gas to be injected shall be free from lien, charge, encumbrance or adverse claim (as to title or otherwise) including any claim for any Tax, royalty or other charge arising on or before injection. The Customer shall indemnify the Service Provider and hold it harmless against any loss, liability, damage, claim, action, proceeding, cost, and expense suffered or incurred by or made or brought against the Service Provider in consequence of a breach of this warranty. 18.6 The Service Provider acknowledges and agrees that nothing in this Agreement shall prevent the Customer from complying with any Legal Requirement and in such regard the Customer shall be able to take any action that it considers to be necessary to comply with any Legal Requirement. 18.7 The Customer warrants to the Service Provider that it is entering into this Agreement for Operating Margins Purposes and in accordance with the requirements of its gas transporter license.

  • Other Undertakings To protect the interests of the Company and its direct and indirect affiliates and subsidiaries (individually, an “IMS Company” and collectively, the “IMS Companies”), including the confidential information of the IMS Companies and the confidential information of their respective customers, data suppliers, prospective customers and other companies with which the IMS Companies have a business relationship, and in consideration of the covenants and promises and other valuable consideration described in this Agreement, the Company and the Participant agree as follows: (a) The Participant acknowledges and agrees that he or she is bound by the confidentiality and other covenants contained in one or more restrictive covenant and confidentiality agreements that he or she has executed with an IMS Company, which covenants and agreements are incorporated herein by reference and shall survive any exercise, expiration, forfeiture or other termination of this Agreement or the SARs issuable hereunder. The Participant also acknowledges and agrees that the Company shall be an affiliate for purposes of such restrictive covenant and confidentiality agreements. (b) The Participant acknowledges that the opportunity to participate in the Plan and the financial benefits that may accrue from such participation, is good, valuable and sufficient consideration for the following: (i) The Participant acknowledges and agrees that he or she is and will remain bound by the non-competition, non-solicitation and other covenants contained in the restrictive covenant and confidentiality agreement(s) that he or she has executed with any of the IMS Companies to the fullest extent permitted by law. (ii) The Participant further acknowledges and agrees that the period during which the non-competition and non-solicitation covenants in such agreement(s) will apply following a termination of Employment shall be extended from twelve (12) months to eighteen (18) months; provided, however, that the remedies available for breach of any non-competition or non-solicitation covenants during such extended six-month period shall be limited to the following: (x) to the extent then outstanding, the forfeiture of the SARs for no consideration, and (y) to the extent the SARs have been exercised on or after the date that is 18 months before Participant’s cessation of Employment, with respect to the shares of Stock issued upon such exercise (including shares withheld for taxes), the Participant shall pay to the Company an amount equal to (A) the aggregate fair market value of such shares of Stock as of the date of exercise, plus (B) the excess, if any, of the aggregate proceeds of all sales of such shares of Stock over the amount described under subsection (A) above. (For this purpose, the Participant’s earliest sales of shares following such exercise will be deemed sales of the shares acquired upon such exercise.) The Company shall also be entitled to the foregoing remedies in the event of a material breach of any confidentiality, non-disclosure or other similar covenant contained in the restrictive covenant and confidentiality agreement(s) that the Participant has executed with an IMS Company. (iii) The Participant further acknowledges and agrees to the Company’s application, implementation and enforcement of (a) such policy set forth in Section 8(b)(ii) of this Agreement and (b) any provision of applicable law or Company policy relating to cancellation, recoupment, rescission or payback of compensation and expressly agrees that the Company may take such actions as are necessary to effectuate such policy (as applicable to the Participant) or applicable law without further consent or action being required by the Participant. For purposes of the foregoing, the Participant expressly and explicitly authorizes the Company to issue instructions, on the Participant’s behalf, to any brokerage firm and/or third party administrator engaged by the Company to hold Participant’s shares of Stock and other amounts acquired under the Plan to re-convey, transfer or otherwise return such shares of Stock and/or other amounts to the Company. To the extent that the terms of this Agreement and such policy conflict, the terms of such policy shall prevail. (iv) By accepting the SARs, the Participant consents to one or more deductions from any amounts any IMS Company owes the Participant from time to time in an aggregate amount equal to all amounts described in subsection (ii) above, to the extent such deductions are permitted by applicable law. Any such deduction from an amount that constitutes a deferral of compensation under Code Section 409A may only take place at the time the amount would otherwise be payable to the Participant, except to the extent permitted by Code Section 409A.

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