Threats and Limiting Factors Sample Clauses

Threats and Limiting Factors. Survival and Recovery Needs Conservation and Recovery Efforts to Date Covered Lands
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Threats and Limiting Factors. Though they are no longer threatened by direct overexploitation from hunting or trapping, ocelots in Texas still face a variety of threats. Habitat loss from rapid development around the Rio Grande Valley of South Texas threatens remaining ocelot habitat (Xxxxxxxx et al. 2020). Habitat loss has caused isolation of the two Texas ocelot populations, which has led to low genetic diversity in Texas ocelots that could ultimately cause a loss of adaptive capacity and/or inbreeding depression (Xxxxxxx et al. 2011, 2014, 2016). Vehicle collisions are the largest known source of mortality for ocelots in Texas (Xxxxxxxxx et al. 2020, 2021, 2022; Xxxxxxx et al. 2021). Given the small population size and the range of threats that it faces, Xxxxxx et al. (2005b) projected that the Refuge Population has a 65% probability of going extinct within 100 years without effective recovery actions to support the population. These recovery actions include habitat expansion, genetic augmentation via translocations of ocelots, and measures to reduce road mortality (Xxxxxx et al. 2005b). Stochastic, catastrophic natural events such as severe droughts, wildfire, zoonotic disease outbreaks, sea-level rise, and major hurricanes - all of which may be exacerbated by future climate change - may also pose direct threats to the small coastal Texas ocelot populations. A large portion of the known ocelot populations exists in low elevation habitat (< 5 m above sea level). This is a concern for the persistence of Texas ocelots; due to climate change, sea levels are expected to rise by at least 1 foot in coastal areas by 2100 (Sweet et al. 2022) and tropical cyclone intensities and associated storm surges are expected to increase (Xxxxxxx et al. 2020). Further, recent natural disasters have emphasized the need to create an additional ocelot population that is geographically distinct from existing populations and any possible catastrophes they may face. These recent disasters include the Texas Drought of 2011, Hurricane Xxxxxx in 2017, Hurricane Xxxxx in 2020, and the Hayfield South and Oak Motte Wildfires in Willacy and Kenedy Counties in Spring 2022. Establishment of an additional ocelot population may provide a safeguard for the species’ persistence in Texas even in the face of climate change. Ocelots’ survival is dependent on sufficient availability of preferred cover, reproductive access, and availability of prey. Across their geographic range in the Americas, ocelots have been linked to a ...
Threats and Limiting Factors. The primary threats to NSO identified in the Revised Recovery Plan include competition from barred owls; ongoing loss of habitat as a result of timber harvest, wildfire, and other disturbances; and historical loss of habitat from past activities (USDI FWS 2011). The range- wide NSO population is estimated to have declined by 3.8 percent per year since 1985 and annual rates of decline have been accelerating in specific parts of the range (Xxxxxx et al. 2016). The decline of in the historic portion of its range is attributed to timber harvest and fragmentation of older forest stands across the landscape. Historical timber harvest and land- conversion caused an estimated 60-88 percent decline in NSO habitat from the 1800s until the time it was listed in 1990 (USDI FWS 2011). Forest fragmentation increased dramatically from the 1930s and 1940s through 2005 (Xxxxx and Lint 2005) as timber harvesting outpaced the development of structurally complex forests. The most recent assessment of range-wide trends in NSO habitat was based on the NWFP 20- year monitoring report that calculated changes on federal and non-federal lands from 1993 through 2012 (Xxxxx et al. 2015). The report concluded that the rate of habitat loss due to timber harvest on federal lands has declined since the listing of the species in 1990 and the implementation of the NWFP in 1994. This trend is significant because much of the high-quality habitat NSO use for nesting and roosting occurs on federal lands. However, large and severe wildfires continue to pose a risk. On federal lands, most of the nesting and roosting habitat loss (73 percent) was due to wildfire (Xxxxx et al. 2015). Although habitat loss due to timber harvesting has declined on federal lands under the NWFP, net habitat loss is still occurring, particularly from timber harvest on non-federal lands. Timber harvest accounted for 63 percent of the nesting and roosting habitat loss range-wide from 1993 through 2012 (Xxxxx et al. 2015). The barred owl also represents a significant threat to the NSO. With its recent expansion to as far south as Marin County, California along the Coast Range and Kings Canyon National Park in the southern Sierra Nevada, the barred owl’s range now completely overlaps that of the NSO (Xxxxxxxxx et al. 2004). Barred owls affect NSO through competition for resources, direct harm through aggressive behavior, and hybridization. Barred owls have severely reduced NSO site occupancy, reproduction, and survival b...
Threats and Limiting Factors. Though the xxxx xxxx population in the United States is expanding, habitat fragmentation, reduction of prey populations, and direct human contact remain threats to the species (CDFG 2011). The California Wolf Management Plan describes the main threats and limiting factors for the xxxx xxxx in California (Xxxxxx et al. 2016). Wolves are found only where conditions support an adequate prey base comprised primarily of ungulates, such as deer and elk. One of the primary limiting factors for wolf populations in California is the limited availability of large areas of habitat that are relatively undeveloped and have less chance for contact and conflict with humans. Most wolf packs appear particularly sensitive to human disturbance near den sites and may, depending upon the extent of the disturbance, abandon the den. The primary threats to wolves in California include human/livestock interaction that results in persecution of wolves and poaching.

Related to Threats and Limiting Factors

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  • Conditions and Limitations The admission of any Person as a Substituted Member or an Additional Member shall be conditioned upon (i) such Person’s written acceptance and adoption of all the terms and provisions of this Agreement, either by (A) execution and delivery of a counterpart signature page to this Agreement countersigned by the Managing Member on behalf of the Company or (B) any other writing evidencing the intent of such Person to become a Substituted Member or an Additional Member and such writing is accepted by the Managing Member on behalf of the Company.

  • Warranties and Limitations 10.1 ATCC WARRANTS THAT ATCC MATERIALS SHALL BE VIABLE UPON SHIPMENT FROM ATCC FOR A PERIOD OF THIRTY (30) DAYS (“WARRANTY PERIOD”). ATCC WARRANTS THAT ANY ATCC MATERIAL PROVIDED BY IT SHALL MEET THE SPECIFICATIONS ON THE PRODUCT INFORMATION SHEET, CERTIFICATE OF ANALYSIS, AND/OR CATALOG DESCRIPTION UNTIL THE EXPIRATION DATE ON THE PRODUCT LABEL. THE EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS, AT ATCC’S OPTION, (A) REFUND OF THE FEE PAID TO ATCC FOR SUCH ATCC MATERIALS (EXCLUSIVE OF SHIPPING AND HANDLING CHARGES), OR (B) REPLACEMENT OF THE ATCC MATERIALS. THE EXCLUSIVE REMEDY APPLIES UNDER THE CONDITION THAT LICENSEE AND ITS CUSTOMER HANDLES AND STORES ATCC MATERIALS AS DESCRIBED IN THE PRODUCT SHEET. TO OBTAIN THE EXCLUSIVE REMEDY, LICENSEE MUST REPORT THE LACK OF VIABILITY TO ATCC’S TECHNICAL SERVICE DEPARTMENT WITHIN THE WARRANTY PERIOD. ANY EXPIRATION DATE SPECIFIED ON XXX XXXX XXXXXXXXX XXXXXXXX XXXXXXXXXXXXX XXXXXX THE EXPECTED REMAINING USEFUL LIFE, BUT DOES NOT CONSTITUTE A WARRANTY OR EXPEND ANY APPLICABLE WARRANTY PERIOD. THIS WARRANTY SHALL BE VOIDED ONCE LICENSEE USES, MODIFIES OR REPLICATES ANY ATCC MATERIALS. 10.2 EXCEPT AS EXPRESSLY PROVIDED ABOVE THE ATCC MATERIAL, ANY OTHER ATCC PRODUCTS, AND ANY TECHNICAL INFORMATION AND ASSISTANCE PROVIDED BY ATCC ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MANUFACTURE ACCORDING TO GMP STANDARDS, TYPICALITY, SAFETY, ACCURACY AND NON-INFRINGEMENT. 10.3 IN NO EVENT SHALL ATCC, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND AFFILIATES (collectively “ATCC INDEMNIFIED PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (WHETHER IN CONTACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE) EVEN IF ATCC HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS OR CLAMS OF LICENSEE’S CUSTOMERS FOR SUCH DAMAGE. IN NO EVENT SHALL ATCC’S CUMULATIVE LIABILITY EXCEED THE ACTUAL AMOUNTS PAID NY LICENSEE UNDER THIS AGREEMENT FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT AND SHALL APPLY EVEN IF THE LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  • Exclusions and Limitations of Liability TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (a) NONE OF THE 8x8 PARTIES SHALL BE LIABLE UNDER THE AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR COVER DAMAGES; LOSS OF PROFITS, REVENUES, OR GOODWILL; OR LOSS OR INTERRUPTION OF BUSINESS, WHETHER FROM BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE AND (b) THE MAXIMUM LIABILITY OF THE 8x8 PARTIES UNDER THE AGREEMENT, WHETHER ARISING FROM A THEORY OR CLAIM OF BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CASE EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAYABLE UNDER THE AGREEMENT FOR THE TWELVE- (12-) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING EXCLUSION AND LIMITATION SHALL APPLY REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND ON A CUMULATIVE (RATHER THAN PER-INCIDENT) BASIS. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRICING AND OTHER TERMS UNDER THE AGREEMENT ARE BASED ON THE FOREGOING EXCLUSION AND LIMITATION.

  • Exclusions and Limitations The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar or its subsidiaries which have put the modules on the market provided that (i), the payment was due and (ii) the Buyer who has obtained the modules from Peimar or one of its distributors (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx must inform the Buyer about the non- payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to comply with Xxxxxx’s installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of Peimar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure to mold discoloration or similar external effects; i) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond Peimar’s reasonable control (including damage by fire, flood, etc.);

  • Standard of Care; Uncontrollable Events; Limitation of Liability SMC shall use reasonable professional diligence to ensure the accuracy of all services performed under this Agreement, but shall not be liable to the Company for any action taken or omitted by SMC in the absence of bad faith, willful misfeasance, negligence or reckless disregard by it of its obligations and duties. The duties of SMC shall be confined to those expressly set forth herein, and no implied duties are assumed by or may be asserted against SMC hereunder. SMC shall maintain adequate and reliable computer and other equipment necessary or appropriate to carry out its obligations under this Agreement. Upon the Company's reasonable request, SMC shall provide supplemental information concerning the aspects of its disaster recovery and business continuity plan that are relevant to the services provided hereunder. Notwithstanding the foregoing or any other provision of this Agreement, SMC assumes no responsibility hereunder, and shall not be liable for, any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control. Events beyond SMC's reasonable control include, without limitation, force majeure events. Force majeure events include natural disasters, actions or decrees of governmental bodies, and communication lines failures that are not the fault of either party. In the event of force majeure, computer or other equipment failures or other events beyond its reasonable control, SMC shall follow applicable procedures in its disaster recovery and business continuity plan and use all commercially reasonable efforts to minimize any service interruption. SMC shall provide the Company, at such times as the Company may reasonably require, copies of reports rendered by independent public accountants on the internal controls and procedures of SMC relating to the services provided by SMC under this Agreement. Notwithstanding anything in this Agreement to the contrary, in no event shall SMC, its affiliates or any of its or their directors, officers, employees, agents or subcontractors be liable for exemplary, punitive, special, incidental, indirect or consequential damages, or lost profits, each of which is hereby excluded by agreement of the parties regardless of whether such damages were foreseeable or whether either party or any entity has been advised of the possibility of such damages.

  • Effect and invariability of the Clauses These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46(2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.

  • Warranties and Limitations of Liability ARINC-IA and SAE- ITC’s support of the Activities and the services they provide are on an “AS IS” basis. ARINC-IA, SAE-ITC, AEEC, AMC, and FSEMC make no determination whether the ARINC Standards could be subject to valid claims or patent, copyright or other proprietary or intellectual property rights by third parties. ARINC- IA or SAE-ITC make no warranty, express, implied, written, or oral, as to the condition or nature of membership or any membership service as delivered or provided pursuant to this Agreement. ARINC-IA, SAE-ITC, AEEC, AMC, and FSEMC SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In no event shall these parties be liable for any direct, indirect, special, incidental, consequential, reliance, or any other damages, including, but not limited to, loss of revenue or profits, arising out of Member’s use of any of the services of the activities even if they have been advised of the possibility of such damages. No action, regardless of form, arising out of any claimed breach of the Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

  • Risks and Limits of Liability Contractor shall maintain the following insurance coverages in the following amounts:

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