STANDARDS AND QUALIFICATIONS Sample Clauses

STANDARDS AND QUALIFICATIONS. The cultural resources inventory surveys shall be conducted consistent with the Standards and Guidelines, applicable federal laws, and guidelines of the MT SHPO. In addition, the professionals that will conduct cultural resources studies described for the Undertaking shall meet the Secretary of the Interior’s Professional Qualifications and Standards (Professional Qualifications and Standards) (48 Fed. Reg. 22716, September 1983). All National Register findings shall be made pursuant to 36 C.F.R § 800, 36 C.F.R § 60.4, and National Park Service Bulletin 38. If unanticipated discoveries of cultural resources are found during implementation of the Undertaking, STB shall satisfy the requirements of Section 106 in accordance with 36 C.F.R § 800.13.
Sample 1
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STANDARDS AND QUALIFICATIONS. A. All architectural studies resulting from this Agreement shall be conducted by an individual who meets the Secretary of the Interior’s Professional Qualification Standards (36 CFR Part 61) in architectural history, and who has experience documenting engineering resources. The photographs for the report will be taken by a professional photographer with experience in documenting architectural resources. All architectural studies shall be consistent with the Secretary of the Interior’s Standards and Guidelines for Historical Documentation (48 FR 44728-30) and Architectural and Engineering Documentation (48 FR 44730-34) and the state Guidelines for Conducting Historic Resources Survey in Virginia or subsequent revisions to these documents. B. All archaeological studies resulting from this Agreement shall be conducted by an individual who meets the Secretary of the Interior’s Professional Qualifications Standards (36 CFR Part 61) in archaeology. All archaeological studies shall be consistent with the Secretary of the Interior’s Standards and Guidelines for Archeological Documentation (48 FR 44734-37), and DHR’s Guidelines for Conducting Historic Resources Survey, and shall take into account the ACHP’s publications, Consulting About Archaeology Under Section 106 (1990), Recommended Approach for Consultation on Recovery of Significant Information from Archeological Sites (1999), and Section 106 Archaeology Guidance (June 2007) or subsequent revisions to these documents.
Sample 1
STANDARDS AND QUALIFICATIONS. A. PROFESSIONAL QUALIFICATIONS. The BLM will ensure that all actions prescribed by this PA shall be carried out by or under the direct supervision of a person or persons meeting, at a minimum, the applicable professional qualification standards set forth in the Office of Personnel management professional qualifications for archaeology and historic preservation, or the Secretary of the Interior’s Professional Qualification Standards (PQS), as appropriate (48 Fed. Reg. 44739 dated September 29, 2983, and C.F.R. § 61. The PQS are available online at: xxxx://xxx.xxx.xxx/history/local-law/arch_stnds_9.htm. 1. Individuals must also meet the regional experience or other requirements of a BLM- issued Cultural Resources Use Permit issued under the authority of the Archaeological Resources Protection Act of 1979 (ARPA) (16 U.S.C. 470aa-mm) and U.S.C. 431-433) and its regulations (43 C.F.R. § 7), the Antiquities Act of 1906 (P. L. 59-209; 34 Stat. 225, 16 U.S.C. 431-433) and its regulations (43 C.F.R. § 3), and/or the Federal Land Policy and Management Act of 1976 (FLPMA) (Public Law 94-570). However, nothing in this Stipulation may be interpreted to preclude any party qualified under the terms of this paragraph from using the services of persons who do not meet the PQS, so long as the work of such persons is directly supervised in the field and laboratory by someone who meets the PQS. 2. On State lands in Arizona, all actions prescribed by this PA shall be carried out by or under the direct supervision of an AAA-permitted consultant.
Sample 1
STANDARDS AND QUALIFICATIONS. A. All actions prescribed by this Agreement shall be carried out by or under the direct supervision of a person or persons who meet the Secretary of the Interior’s Professional Qualification Standards (SOIPQS) for archaeology, history, or architectural history, as appropriate, as set forth in the Federal Register at 48 Fed. Reg. 44716-01 (September 29, 1983), and as proposed for revision in 1997 (FR 97-16168). Only Federal staff meeting the SOIPQS (Corps Qualified Staff) may apply the Programmatic Allowances (Allowances) listed in Appendix B, define APEs, oversee identification and evaluation of all historic properties, make determinations of eligibility, and make findings of effects. Corps Qualified Staff meeting the SOIPQS in the appropriate discipline shall review any National Register eligibility determination and findings of effect resulting from the performance of these activities prior to submitting such determinations to SHPO, IndianTribes, and NFRTs (Collectively, Tribes) for review. B. The Corps acknowledges that Tribes possess special expertise in assessing the National Register eligibility of properties with religious and cultural significance to them. C. For all Undertakings under this Agreement, the Corps shall conduct all Section 106 consultation with Indian Tribe(s). The Corps may authorize Requester(s), and/or their agents, to assist in identifying other consulting parties with a demonstrated interest in the Undertaking, and prepare any necessary analyses and documentation. The Corps shall follow the process set forth in Stipulation II.B, Roles and Responsibilities. The Corps remains legally responsible for all findings, determinations, and government-to-government relationships with the Indian Tribes. D. The Corps shall ensure that all documentation resulting from Undertakings reviewed pursuant to this Agreement is consistent with applicable SHPO guidelines and the confidentiality provisions of 54 U.S.C. § 307103 and 36 CFR § 800.11(c) and any other applicable regulations. E. Corps shall ensure that the provisions of the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and the Archaeological Resources Protection Act of 1979 (ARPA) (16 U.S.C. §470aa – 470mm) are followed on Federal lands.
Sample 1

Related to STANDARDS AND QUALIFICATIONS

  • Organization and Qualifications Customer and each of its Subsidiaries (i) is a corporation duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation, (ii) has the power and authority to own its properties and assets and to transact the businesses in which it presently is engaged and (iii) is duly qualified and is authorized to do business and is in good standing in each jurisdiction where it presently is engaged in business and is required to be so qualified.

  • Formation and Qualification (a) Each Borrower is duly incorporated and in good standing under the laws of the state listed on Schedule 5.2(a) and is qualified to do business and is in good standing in the states listed on Schedule 5.2(a) which constitute all states in which qualification and good standing are necessary for such Borrower to conduct its business and own its property and where the failure to so qualify could reasonably be expected to have a Material Adverse Effect on such Borrower. Each Borrower has delivered to Agent true and complete copies of its certificate of incorporation and by-laws and will promptly notify Agent of any amendment or changes thereto. (b) The only Subsidiaries of each Borrower are listed on Schedule 5.2(b).

  • Existence and Qualification The Contracting Party is an Oklahoma municipality, validly existing and in good standing under the laws of the State of Oklahoma, and the Contracting Party has all requisite power and authority to own, operate and lease its properties and to carry on its business as presently conducted.

  • Number and Qualifications The number of Managers of the Company shall not be less than three nor more than five, as may be determined by the Member from time to time, but no decrease in the number of Managers shall have the effect of shortening the term of any incumbent Manager.

  • Existence and Qualification; Power; Compliance With Laws Borrower is a corporation duly formed, validly existing and in good standing under the Laws of the State of California. Borrower is duly qualified or registered to transact business and is in good standing in the State of California, and each other jurisdiction in which the conduct of its business or the ownership or leasing of its Properties makes such qualification or registration necessary, except where the failure so to qualify or register and to be in good standing could not reasonably be expected to have a Material Adverse Effect. Borrower has all requisite power and authority to conduct its business, to own and lease its Properties and to execute and deliver each Loan Document to which it is a Party and to perform its Obligations. The chief executive offices of Borrower are located in San Dimas, California. All outstanding capital stock of Borrower is duly authorized, validly issued, fully paid and non-assessable, and no holder thereof has any enforceable right of rescission under any applicable state or federal securities or other Laws. Borrower is in compliance with all Laws and other legal requirements applicable to its business, has obtained all authorizations, consents, approvals, orders, licenses and permits from, and has accomplished all filings, registrations and qualifications with, or obtained exemptions from any of the foregoing from, any Governmental Agency that are necessary for the transaction of its business, except where the failure so to comply with Laws and other legal requirements applicable to its business, obtain authorizations, etc., file, register, qualify or obtain exemptions could not reasonably be expected to have a Material Adverse Effect.

  • Organization and Qualification The Company and each of the Subsidiaries is an entity duly incorporated or otherwise organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation or organization, with the requisite power and authority to own and use its properties and assets and to carry on its business as currently conducted. Neither the Company nor any Subsidiary is in violation nor default of any of the provisions of its respective certificate or articles of incorporation, bylaws or other organizational or charter documents. Each of the Company and the Subsidiaries is duly qualified to conduct business and is in good standing as a foreign corporation or other entity in each jurisdiction in which the nature of the business conducted or property owned by it makes such qualification necessary, except where the failure to be so qualified or in good standing, as the case may be, could not have or reasonably be expected to result in: (i) a material adverse effect on the legality, validity or enforceability of any Transaction Document, (ii) a material adverse effect on the results of operations, assets, business, prospects or condition (financial or otherwise) of the Company and the Subsidiaries, taken as a whole, or (iii) a material adverse effect on the Company’s ability to perform in any material respect on a timely basis its obligations under any Transaction Document (any of (i), (ii) or (iii), a “Material Adverse Effect”) and no Proceeding has been instituted in any such jurisdiction revoking, limiting or curtailing or seeking to revoke, limit or curtail such power and authority or qualification.

  • Required Qualifications At all times during the term of the Contract, Vendor shall have available, under direct employment and supervision and/or subcontract agreement fully incorporating the terms and conditions of the Contract Documents, the required qualified and properly licensed (as applicable) personnel to properly fulfill all the terms and conditions of the Contract.

  • Incorporation and Qualification The Company has been duly organized and is validly existing as a Corporation and in good standing under the laws of the State of Colorado with the requisite corporate power and authority to own and use its properties and assets and to carry on its business as currently conducted.

  • Due Organization and Qualification Borrower and each Subsidiary is a corporation duly existing and in good standing under the laws of its state of incorporation and qualified and licensed to do business in, and is in good standing in, any state in which the conduct of its business or its ownership of property requires that it be so qualified.

  • Organization and Qualification of Seller Seller is a corporation duly organized, validly existing and in good standing under the Laws of the State of Delaware. Seller is duly licensed or qualified to do business and is in good standing in each jurisdiction in which the ownership of the Purchased Assets or the operation of the Business as currently conducted makes such licensing or qualification necessary, except where the failure to be so licensed, qualified or in good standing would not have a Material Adverse Effect.

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