STATE PERFORMANCE REQUIREMENTS Sample Clauses

STATE PERFORMANCE REQUIREMENTS. A. Compliance with governing laws, regulations and MOU. The State shall make all determinations under this MOU in accordance with 23 CFR 771.117(a) and
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STATE PERFORMANCE REQUIREMENTS. A. Compliance with governing laws, regulations and MOU. The State shall make all determinations under this MOU in accordance with 23 CFR § 771.117(a) and (b) and succeeding regulations. All actions by the State in carrying out its responsibilities under this MOU shall comply with, and be consistent with, the coordination provisions of Stipulation II and all applicable Federal laws, regulations, policies, and guidance. The State also shall comply with State and local laws to the extent applicable. 1. Failure to meet the requirements of Stipulation IV(A) is grounds for a decision by the FHWA to terminate this MOU pursuant to Stipulation IX(A) if the FHWA determines, after good-faith consultation with the State, that there is an irreconcilable material conflict between a provision of State law, regulation, policy, or guidance and applicable Federal law, regulation, policy, or guidance, and the FHWA reasonably determines that such conflict is preventing the State from meeting its Stipulation IV(A) obligations. The grounds for such decision may include, but are not limited to, the mere existence of the conflict (i.e., on its face) and/or the effect of the conflict on the State’s decision(s) on proposed CE project(s) (i.e., as applied). 2. Official USDOT and FHWA formal guidance and policies relating to environmental review matters are posted online at FHWA’s website (currently at xxxx://xxx.xxxx.xxx.xxx/hep/legreg.htm), contained in the FHWA Environmental Guidebook (currently at xxxx://xxxxxxxxxxx/xxxx/xxx/xxx/xxxxxxxxx/xxxxx/xxx), or sent to the State electronically or in hard copy. 3. After the effective date of this MOU, the FHWA will use its best efforts to ensure that any new or revised FHWA policies and guidance that are final and applicable to the State’s performance under this MOU are communicated to the State within 10 days of issuance. Delivery may be accomplished by e-mail, mail, publication in the Federal Register or by means of a publicly available online posting including at the sites noted above. If communicated to the State by e-mail or mail, such material may be sent either to the party specified in this MOU to receive notices, or to the Chief of the California Department of Transportation (Caltrans)
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STATE PERFORMANCE REQUIREMENTS. A. Processing projects under this Agreement: identification, record keeping, and review of effects. For projects that Iowa DOT determines meet the criteria specified in Section I of this Agreement, Iowa DOT shall: 1. Institute a process to identify and review the environmental effects of the proposed project.
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STATE PERFORMANCE REQUIREMENTS. A. Processing projects under this Agreement: identification, record keeping, and review of effects. For projects that WSDOT determines meet the criteria specified in Section I of this Agreement, WSDOT shall: 1. Document its certification that a project meets the conditions specified in Sections I (B) and II (B), specifying the action from Section I (C) that applies to the project and including, at a minimum, the printed name, title, and date of the State official approving the certification on the appropriate WSDOT form (which can be found in the WSDOT Environmental Procedures Manual and the Local Agency Guidelines Manual). 2. Include on the Environmental Classification Summary form the following certification when recording the CE findings: "WSDOT has determined that this project does not individually or cumulatively have a significant impact on the environment as defined by NEPA, or involve unusual circumstances as defined in 23 CFR 771.117(b), such that it is excluded from the requirements to prepare an environmental assessment or environmental impact statement." 3. Record in the project file: a. The regulatory reference for the applicable categorically exclusion. b. The duration (in days) from the date WSDOT initiates its processing of the CE project to the date WSDOT completes its CE certification process. c. The CE findings. d. The outcome of any environmental studies conducted to consider unusual circumstances (23 CFR 771.117(b)) and to determine if the CE classification is proper, as appropriate. e. Any document used in decision making. 4. Following the CE decision, WSDOT shall re-evaluate its CE certification for the project prior to requesting any major approvals or grants from FHWA, to ensure that the CE designation remains valid. WSDOT shall consult with FHWA and document the re-evaluation (when necessary) pursuant to 23 CFR 771.129. As part of this responsibility a. A re-evaluation must occur when there is a change in the scope or location of the project such that new impacts may occur that were not previously considered. b. A written re-evaluation must occur when at least 3 years have passed since the date the project was certified. These must be included in the project record.
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STATE PERFORMANCE REQUIREMENTS. Processing I-System access changes under this Agreement: identification, record keeping, and review of effects. For projects that __DOT determines meet the criteria specified in Section I of this Agreement, __DOT will: Document its determination that a project meets engineering and operability acceptability as specified in Section II (A). Include in the engineering and operability acceptability documentation the following certification: "__DOT has determined that this type of I-System access does not have the potential to adversely impact the safety and performance of the I-System." Document compliance with the transportation planning, air quality conformity, environmental review requirements specified in Section II(B). Documentation that shows all requirements and considerations specified in Section II(B) may be compiled in a single Interstate justification report. Compliance with the environmental review requirements should indicate the NEPA class of action and date of CE determination, FONSI, or ROD. The __DOT Chief Engineer acceptability determination specified in Section II(C) including signature, printed name, title, and date of the determination. __DOT will maintain electronic and/or paper project records and records pertaining to __DOT administration of its review and acceptability determination process for individual requests for I-System access change. __DOT will provide FHWA with copies of any project records FHWA may request. __DOT will retain those records for a period of no less than three (3) years after completion of project construction. This 3-year retention provision does not relieve __DOT of its project or program recordkeeping responsibilities under 49 CFR 18.42 or any other applicable laws, regulations, or policies. Non-transferability. __DOT may not transfer or assign any of the responsibilities administratively delegated to __DOT under this Agreement. __DOT may utilize contractors and others to assist __DOT in carrying out its responsibilities. __DOT will maintain adequate organizational and staff capability and expertise to effectively carry out the provisions of this Agreement. This includes, without limitation: Using appropriate technical and managerial expertise to perform the functions set forth under this Agreement. Devoting adequate financial and staff resources to carry out the review and processing of projects under this Agreement. The State may procure through consultant services some or all of the engineering, environment...
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STATE PERFORMANCE REQUIREMENTS. A. Compliance with governing laws, regulations and MOU. The State shall make all CE determinations under this MOU in accordance with 23 CFR 771.117(a) and (b) and succeeding regulations. All actions by the State in carrying out its responsibilities under this MOU shall comply with, and be consistent with, the coordination provisions of Stipulation II and all applicable Federal laws, regulations, Executive Orders, policies, and formal guidance. The State also shall comply with State and local laws to the extent applicable. 1. Failure to meet the requirements of Stipulation IV(A) is grounds for a decision by FHWA to terminate this MOU pursuant to Stipulation IX(A) if FHWA determines, after good-faith consultation with the State, that there is an irreconcilable material conflict between a provision of State law, regulation, policy, or guidance and applicable Federal law, regulation, policy, or guidance, and FHWA reasonably determines that such conflict is preventing the State from meeting its Stipulation IV(A) obligations. The grounds for such decision may include, but are not limited to, the mere existence of the conflict (i.e., on its face) and/or the effect of the conflict on the State’s decision(s) on proposed CE project(s) (i.e., as applied).
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Related to STATE PERFORMANCE REQUIREMENTS

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  • Prohibition of Performance Requirements 1. The provisions of the Agreement on Trade-Related Investment Measures in Annex 1A to the WTO Agreement (TRIMs), which are not specifically mentioned in or modified by this Agreement, shall apply, mutatis mutandis, to this Agreement. 2. Member States shall undertake joint assessment on performance requirements no later than 2 years from the date of entry into force of this Agreement. The aim of such assessment shall include reviewing existing performance requirements and considering the need for additional commitments under this Article.

  • Service Requirements Grantee shall:

  • Interface Requirements 2.4.5.1 The NID shall be equal to or better than all of the requirements for NIDs set forth in the applicable industry standard technical references.

  • Service Requirement Except as otherwise provided in Section 6(e) of the Plan or Section 2 of this Agreement, this Option may be exercised only while you continue to provide Service to the Company or any Affiliate, and only if you have continuously provided such Service since the Grant Date of this Option.

  • Quarterly Contractor Performance Reporting Customers shall complete a Contractor Performance Survey (Exhibit I) for each Contractor on a Quarterly basis. Customers will electronically submit the completed Contractor Performance Survey(s) to the Department Contract Manager no later than the due date indicated in Contract Exhibit D, Section 17, Additional Special Contract Conditions. The completed Contractor Performance Survey(s) will be used by the Department as a performance-reporting tool to measure the performance of Contractors. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MyFloridaMarketPlace or on the Department's website).

  • Registry Performance Specifications Registry Performance Specifications for operation of the TLD will be as set forth in Specification 10 attached hereto (“Specification 10”). Registry Operator shall comply with such Performance Specifications and, for a period of at least one (1) year, shall keep technical and operational records sufficient to evidence compliance with such specifications for each calendar year during the Term.

  • CONTRACTOR PERFORMANCE AUDIT The Contractor shall allow the Authorized User to assess Contractor’s performance by providing any materials requested in the Authorized User Agreement (e.g., page load times, response times, uptime, and fail over time). The Authorized User may perform this Contractor performance audit with a third party at its discretion, at the Authorized User’s expense. The Contractor shall perform an independent audit of its Data Centers, at least annually, at Contractor expense. The Contractor will provide a data owner facing audit report upon request by the Authorized User. The Contractor shall identify any confidential, trade secret, or proprietary information in accordance with Appendix B, Section 9(a), Confidential/Trade Secret Materials.

  • Performance and Compliance Purchaser shall have performed all of the covenants and complied, in all material respects, with all the provisions required by this Agreement to be performed or complied with by it on or before the Closing.

  • Compliance Requirements A. Nondiscrimination. The Contractor agrees to comply, and to require its subcontractor(s) to comply, with the nondiscrimination provisions of MCL 37.2209. The Contractor further agrees to comply with the provisions of Section 9:158 of Chapter 112 of the Xxx Arbor City Code and to assure that applicants are employed and that employees are treated during employment in a manner which provides equal employment opportunity.

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