SPECIES COVERED BY THIS AGREEMENT Sample Clauses

SPECIES COVERED BY THIS AGREEMENT. This Agreement covers the California red-legged frog, California tiger salamander, and Xxxxx’x blue butterfly, which are collectively referred to in this document as the “Covered Species.” Additionally, through issuance by the Service of an enhancement of survival permit, the District would be provided incidental take coverage for the Covered Species. The Act’s take prohibitions generally do not apply to listed plant species on private property, and thus, the incidental take assurances provided under the safe harbor policy may not legally be necessary for listed plant species. However, the Service encourages non-Federal landowners to enter safe harbor agreements to restore and enhance habitat for listed plant species. Therefore, we are also including the Xxxxx’x piperia in this Agreement to promote its conservation and recovery. Each of the Covered Species and Xxxxx’x piperia occur at Palo Corona Regional Park (Park). The California red-legged frog has the potential to be found in ponds, streams, wetlands and riparian habitats along the Central Coast of California, and the California tiger salamander has the potential to be found in wetland habitat along the Central Coast of California. Both, the California red-legged frog and California tiger salamander, can occur in upland habitat that is adjacent to these ponds, streams, wetlands and/or riparian habitats. The Xxxxx’x blue butterfly has the potential to occur in coastal dune, cliffside chaparral, coastal scrub, and coastal grassland habitats from the mouth of the Xxxxxxx River in Monterey County to San Carpoforo Creek in northern San Xxxx Obispo County. Xxxxx’x piperia occurs in Monterey pine forest and maritime chaparral habitats, and is endemic to Monterey County. Habitat for the California red-legged frog is described in Xxxxx and Xxxxxxxx (1988) and the critical habitat rule for the California red-legged frog published on March 17, 2010 (75 FR 12815). Adult California red-legged frogs prefer dense, shrubby or emergent riparian vegetation closely associated with deep (greater than 2.3 feet), still, or slow-moving water (Xxxxx and Xxxxxxxx 1988). However, California red-legged frogs also have been found in ephemeral creeks and drainages and in ponds that may or may not have riparian vegetation. Some California red- legged frogs have been found to remain in their breeding pond, while others disperse from their breeding habitat to forage and seek sheltering habitat. Habitat for the California red-legged ...
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SPECIES COVERED BY THIS AGREEMENT. Species to be covered under this agreement are Gila topminnow (Poeciliopsis occidentalis occidentalis) and desert pupfish (Cyprinodon macularius). If data on species present in the retention basins demonstrate that additional threatened or endangered species are utilizing wetland habitat within the basin, this agreement may be amended to include those species. ADOT is encouraging native vegetation in the basin which may result in additional species utilizing this habitat.
SPECIES COVERED BY THIS AGREEMENT. ‌ This Agreement covers the Xxxxx pupfish, which is also referred to in this document as the “Covered Species.” The following description of the Xxxxx pupfish and its habitat is based upon information from Service (1998 and 2009), Xxxxxx (1974), Xxxxx and Xxxxxx (1978), Xxxxxx (1948), and Xxxxx (2002), and may include information from references therein. Historically, Xxxxx pupfish were widely distributed and abundant along the Owens River, occurring in clear waters of springs, sloughs, marshes, irrigation ditches, and flooded pastures from Fish Slough in Mono County and possibly as far south as the Owens River delta in Xxxxx Lake in Inyo County. By the early 1930s, the Xxxxx pupfish had become scarce throughout its historical range. This scarcity is attributed to predation from introduced non-native fish (e.g., largemouth bass (Micropterus salmoides), smallmouth bass (Micropterus dolomieui), brown trout (Salmo trutta), bluegill (Lepomis macrochirus)), and water diversions that decreased and altered Owens River flows resulting in loss of hydrological connections and desiccation of shallow pupfish habitats. By 1942, the Xxxxx pupfish was believed to be extinct; however, in July of 1964, the Xxxxx pupfish was rediscovered in Fish Slough. All current populations have been propagated from this remnant stock. More recently, introduced mosquitofish (Gambusia affinis), red swamp crayfish (Procambarus clarkii), and bullfrogs (Rana catesbeiana) have become a threat to Xxxxx pupfish through competition and/or predation. Currently, there are only three populations of Xxxxx pupfish: the population at Fish Slough, consisting of three sub- populations; the population at Mule Spring; and the population at Well 368. The latter two are located in Inyo County. The Xxxxx pupfish is one of four fishes native to the Xxxxx Basin. The three other fishes are Xxxxx tui chub (Siphateles [Gila] bicolor snyderi), Xxxxx speckled dace (Rhinichthys osculus ssp.), and Xxxxx sucker (Catostomus fumeiventris). The Xxxxx pupfish is a small fish in the family Cyprinodontidae, which rarely exceeds 2.5 inches in length, and lives for approximately one to several years. Females are dusky, olive-green in color, with several dark vertical bars aligned in a row along the sides. Males are bright blue, particularly during the spring and summer spawning season. The Xxxxx pupfish is restricted to the Xxxxx Valley portion of the Owens River in Mono and Inyo counties, California. Morphological, genetic, ...
SPECIES COVERED BY THIS AGREEMENT. This Agreement covers the California red-legged frog (Rana draytonii), which is also referred to as the “Covered Species.” This species was listed as threatened in 1996 (Service 1996). Habitat for the California red-legged frog is described in Xxxxx and Xxxxxxxx (1988) and the critical habitat rule for the California red-legged frog published on March 17, 2010 (75 FR 12815). Adult California red-legged frogs prefer dense, shrubby or emergent riparian vegetation closely associated with deep (greater than 2.3 feet), still or slow moving water (Xxxxx and Xxxxxxxx 1988). However, California red-legged frogs also have been found in ephemeral creeks and drainages and in ponds that may or may not have riparian vegetation. Some California red- legged frogs have been found to remain in their breeding pond, while others disperse from their breeding habitat to forage and seek sheltering habitat. Habitat for the California red-legged frog consists of aquatic habitat, upland habitat, and/or dispersal habitat (75 FR 12815). The California red-legged frog requires aquatic habitat for breeding, such as any standing body of freshwater, including natural and manmade (e.g., stock) ponds, slow moving streams or pools within streams, and other ephemeral or permanent water bodies that typically become inundated during winter rains and hold water for a minimum of 20 weeks in all but the driest of years. The California red-legged frog breeding season typically runs from November through April, which coincides with the general rainy season in California. Mating most commonly occurs during February or March, but can vary depending on local and seasonal climatic patterns. Non- breeding aquatic habitat includes freshwater habitats that may or may not hold water long enough for the species to hatch and complete its aquatic lifecycle but provides for shelter, foraging, predator avoidance, and aquatic dispersal habitat for juvenile and adult California red- legged frogs. This includes plunge pools within intermittent creeks, seeps, quiet water refugia during high water flows, and springs of sufficient moisture to withstand the summer dry period. Upland habitat for the California red-legged frog includes those areas of variable distance from the edge of the riparian vegetation or drip-line surrounding aquatic habitat that provide for shelter, foraging, and predator avoidance. The upland features also maintain hydrologic, geographic, topographic, ecologic and edaphic features that suppo...
SPECIES COVERED BY THIS AGREEMENT. This Agreement covers wildlife species listed in Appendix A.
SPECIES COVERED BY THIS AGREEMENT. This Agreement covers the Xxxxx’x blue butterfly and California red-legged frog, which are collectively referred to in this document as the “Covered Species.” Additionally, through issuance by the Service of an enhancement of survival permit, DPR would be provided incidental take coverage for the Covered Species. The Xxxxx’x blue butterfly is known to occur at the Park, and the California red-legged frog has the potential to occur at the Park. The Xxxxx’x blue butterfly has the potential to occur in coastal dune, cliffside chaparral, coastal scrub, and coastal grassland habitats from the mouth of the Xxxxxxx River in Monterey County to San Carpoforo Creek in northern San Xxxx Obispo County. The California red-legged frog has the potential to be found in ponds, streams, wetlands, and riparian habitats along the Central Coast of California. The California red-legged frog can occur in upland habitat that is adjacent to these ponds, streams, wetlands, and/or riparian habitats.

Related to SPECIES COVERED BY THIS AGREEMENT

  • TERMINATING THIS AGREEMENT You can terminate this Agreement at any time by notifying us in writing and by discontinuing the use of your Logon ID. We can also terminate this Agreement and revoke access to Online Banking at any time. Whether you terminate the Agreement or we terminate the Agreement, the termination will not affect your obligations under this Agreement, even if we allow any transaction to be completed with your Logon ID after this Agreement has been terminated.

  • NOW THIS AGREEMENT WITNESSES —

  • PARTIES TO THIS AGREEMENT This Agreement binds:

  • Vendor’s Resellers as Related to This Agreement Vendor’s Named Resellers (“Resellers”) under this Agreement shall comply with all terms and conditions of this agreement and all addenda or incorporated documents. All actions related to sales by Authorized Vendor’s Resellers under this Agreement are the responsibility of the awarded Vendor. If Resellers fail to report sales to TIPS under your Agreement, the awarded Vendor is responsible for their contractual failures and shall be billed for the fees. The awarded Vendor may then recover the fees from their named reseller. Support Requirements If there is a dispute between the awarded Vendor and TIPS Member, TIPS or its representatives may, at TIPS sole discretion, assist in conflict resolution if requested by either party. TIPS, or its representatives, reserves the right to inspect any project and audit the awarded Vendor’s TIPS project files, documentation and correspondence related to the requesting TIPS Member’s order. If there are confidentiality requirements by either party, TIPS shall comply to the extent permitted by law. Incorporation of Solicitation The TIPS Solicitation which resulted in this Vendor Agreement, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, or other, the Vendor’s response to same and all associated documents and forms made part of the solicitation process, including any addenda, are hereby incorporated by reference into this Agreement as if copied verbatim. SECTION HEADERS OR TITLES THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT. STATUTORY REQUIREMENTS Texas governmental entities are prohibited from doing business with companies that fail to certify to this condition as required by Texas Government Code Sec. 2270. By executing this agreement, you certify that you are authorized to bind the undersigned Vendor and that your company (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. You certify that your company is not listed on and does not and will not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/foreign-terrorist.pdf You certify that if the certified statements above become untrue at any time during the life of this Agreement that the Vendor will notify TIPS within three (3) business day of the change by a letter on Vendor’s letterhead from and signed by an authorized representative of the Vendor stating the non-compliance decision and the TIPS Agreement number and description at: Attention: General Counsel ESC Region 8/The Interlocal Purchasing System (TIPS) 0000 Xxxxxxx 000 Xxxxx Xxxxxxxxx, XX,00000 And by an email sent to xxxx@xxxx-xxx.xxx Insurance Requirements The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract Holders: General Liability $1,000,000 each Occurrence/ Aggregate Automobile Liability $300,000 Includes owned, hired & non-owned Workers' Compensation Statutory limits for the jurisdiction in which the Vendor performs under this Agreement. Umbrella Liability $1,000,000 When the Vendor or its subcontractors are liable for any damages or claims, the Vendor’s policy, when the Vendor is responsible for the claim, must be primary over any other valid and collectible insurance carried by the Member. Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractor's insurance policy. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Insurance shall be written by a carrier with an A-; VII or better rating in accordance with current A.M. Best Key Rating Guide. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor’s required minimum coverage shall not be suspended, voided, cancelled, non-renewed or reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member. Special Terms and Conditions • Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips- xxx.xxx. Should a TIPS Member send an order directly to the Vendor, it is the Vendor’s responsibility to forward a copy of the order to TIPS at the email above within 3 business days and confirm its receipt with TIPS. • Vendor Encouraging Members to bypass TIPS agreement: Encouraging TIPS Members to purchase directly from the Vendor or through another agreement, when the Member has requested using the TIPS cooperative Agreement or price, and thereby bypassing the TIPS Agreement is a violation of the terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS Program. • Order Confirmation: All TIPS Member Agreement orders are approved daily by TIPS and sent to the Vendor. The Vendor should confirm receipt of orders to the TIPS Member (customer) within 3 business days. • Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, updated pricing when effective. TIPS shall be notified when prices change in accordance with the award.

  • ENDING THIS AGREEMENT We may end this Agreement, close the Account or limit your right to access the Account at any time without telling you in advance. The Primary Cardholder may also end this Agreement by telling us. Even if this Agreement is cancelled, the Primary Cardholder is still responsible to pay all amounts owing on the Account. When the Agreement ends, benefits, services and coverages will automatically end, or we can cancel or change them at our discretion.

  • CHANGING THIS AGREEMENT We may change this Agreement, including (for example) changing the addresses and telephone numbers you should use to contact us, changing fees, adding new fees, changing the Daily Periodic Rates and corresponding APRs or increasing your required minimum payment. We may change this Agreement based on economic or market conditions, our business strategies or for any other reason (including reasons unrelated to you or your Account). Any changes we make to this Agreement may apply to new transactions and/or then-existing balances as described in any notice we are required to provide to you. We will notify you of changes to this Agreement as required by applicable law. We will mail any required written notice to the address we have on file for your Account.

  • NOW THIS AGREEMENT WITNESSES Definitions

  • Breach of this Agreement If the Executive commits a breach, or threatens to commit a breach, of any of the provisions of Sections 7, 8 or 9 of this Agreement, then the Company shall have the right and remedy to have those provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed by the Executive that the rights and privileges of the Company granted in Sections 7, 8 and 9 are of a special, unique and extraordinary character and any such breach or threatened breach will cause great and irreparable injury to the Company and that money damages will not provide an adequate remedy to the Company.

  • Execution of this Agreement This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by facsimile or other electronic transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes.

  • Termination of this Agreement (a) The Representative shall have the right to terminate this Agreement by giving notice to the Company as hereinafter specified at any time at or prior to the Closing Date or any Option Closing Date (as to the Option Shares to be purchased on such Option Closing Date only), if in the discretion of the Representative, (i) there has occurred any material adverse change in the securities markets or any event, act or occurrence that has materially disrupted, or in the opinion of the Representative, will in the future materially disrupt, the securities markets or there shall be such a material adverse change in general financial, political or economic conditions or the effect of international conditions on the financial markets in the United States is such as to make it, in the judgment of the Representative, inadvisable or impracticable to market the Shares or enforce contracts for the sale of the Shares (ii) trading in the Company’s Common Stock shall have been suspended by the Commission or Nasdaq or trading in securities generally on the Nasdaq Stock Market, the NYSE or the NYSE MKT shall have been suspended, (iii) minimum or maximum prices for trading shall have been fixed, or maximum ranges for prices for securities shall have been required, on the Nasdaq Stock Market, the NYSE or NYSE American, by such exchange or by order of the Commission or any other governmental authority having jurisdiction, (iv) a banking moratorium shall have been declared by federal or state authorities, (v) there shall have occurred any attack on, outbreak or escalation of hostilities or act of terrorism involving the United States any declaration by the United States of a national emergency or war, any substantial change or development involving a prospective substantial change in United States or other international political, financial or economic conditions or any other calamity or crisis, or (vi) the Company suffers any loss by strike, fire, flood, earthquake, accident or other calamity, whether or not covered by insurance, or (vii) in the judgment of the Representative, there has been, since the time of execution of this Agreement or since the respective dates as of which information is given in the Registration Statement, the Time of Sale Disclosure Package or the Final Prospectus, any material adverse change in the assets, properties, condition, financial or otherwise, or in the results of operations, business affairs or business prospects of the Company, whether or not arising in the ordinary course of business. Any such termination shall be without liability of any party to any other party except that the provisions of Section 5(a)(viii) and Section 7 hereof shall at all times be effective and shall survive such termination.

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