Special Consideration for Certain Archaeological Properties Sample Clauses

Special Consideration for Certain Archaeological Properties. If archaeological properties within an undertaking’s APE are protected from any potential effects by establishment and effective enforcement of an Environmentally Sensitive Area (ESA), as described in Attachment 5 to this Agreement, the signatories agree that Caltrans may consider such properties to be NRHP eligible for the purposes of that undertaking without conducting subsurface testing or surface collection. Caltrans shall consult with Indian tribes or other interested parties that may attach religious or cultural significance to the historic property to determine if the site has values that may qualify it as NRHP eligible under Criteria A, B, or C in addition to, or instead of, Criterion D. The assumption of NRHP eligibility permitted hereunder shall not extend to other undertakings whose APE includes the archaeological property, unless the signatories through consultation agree otherwise.
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Special Consideration for Certain Archaeological Properties. If archaeological properties within an undertaking’s APE are protected from any potential effects by establishment and effective enforcement of an Environmentally Sensitive Area (ESA), as described in Appendix 5 to this Agreement, the signatories agree that Caltrans may consider such properties to be NRHP eligible for the purposes of that undertaking. Caltrans shall consult with Indian tribes that may attach religious or cultural significance to the historic property to determine its significance and potential for effects This consideration of NRHP eligibility without formal evaluation shall not extend to other undertakings whose APE includes the property, unless through consultation Caltrans and the SHPO agree otherwise.
Sample 1

Related to Special Consideration for Certain Archaeological Properties

  • Additional Considerations For each mediation or arbitration: (i) Any mediation or arbitration will be held in New York, New York, at the offices of the mediator or arbitrator or at another location selected by CNHICA or the Seller. Any party or witness may participate by teleconference or video conference. (ii) CNHICA, the Seller and the Requesting Party will have the right to seek provisional relief from a competent court of law, including a temporary restraining order, preliminary injunction or attachment order, if such relief is available by law. (iii) Neither the Servicer, CNHICA nor the Seller will be required to produce personally identifiable customer information for purposes of any mediation or arbitration. The existence and details of any unresolved Repurchase Request, any informal meetings, mediations or arbitration proceedings, the nature and amount of any relief sought or granted, any offers or statements made and any discovery taken in the proceeding will be confidential, privileged and inadmissible for any purpose in any other mediation, arbitration, litigation or other proceeding. The parties will keep this information confidential and will not disclose or discuss it with any third party (other than a party’s attorneys, experts, accountants and other advisors, as reasonably required in connection with the mediation or arbitration proceeding under this Section 3.3), except as required by law, regulatory requirement or court order. If a party to a mediation or arbitration proceeding receives a subpoena or other request for information of the other party to the mediation or arbitration proceeding, the recipient will promptly notify the other party and will provide the other party with the opportunity to object to the production of its confidential information.

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