Unanticipated Discovery Sample Clauses

Unanticipated Discovery. If any unanticipated discoveries of historic properties, sites, artifacts, or objects are encountered during the implementation of any project exempted under this PA, INDOT and FHWA shall comply with 36 CFR 800.13 and IC 14-21-1-27 and 14-21-1-29 by stopping work in the immediate area and informing the SHPO, housed in the Indiana Department of Natural Resources (“DNR”) of such unanticipated discoveries or effects within two (2) business days. Any necessary archaeological investigations will be conducted according to the provisions of IC 14-21-1 and 312 IAC 21. If any unanticipated effects on historic properties are found to be occurring during the implementation of any project exempted under this PA, INDOT and FHWA shall comply with 36 CFR 800.13 and inform the SHPO immediately. If any human remains are encountered during the implementation of any project exempted under this PA, work shall cease in the immediate area and the human remains left undisturbed. INDOT and FHWA will contact the county coroner and law enforcement officials immediately, and the discovery must be reported to the SHPO within two (2) business days. The discovery must be treated in accordance with IC 14- 21-1 and 312 IAC 22. If the remains are determined to be Native American, FHWA will notify the appropriate federally recognized Indian Tribes. Work at the site shall not resume until a plan for the treatment of the human remains is developed and approved in consultation with the SHPO and any appropriate consulting parties. The plan will comply with IC 14-21-1, 312 IAC 22, the current Guidebook for Indiana Historic Sites and Structures Inventory--Archaeological Sites, and all other appropriate federal and state guidelines, statutes, rules, and regulations.
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Unanticipated Discovery. A. The following language shall be included in construction plans and specifications: “When a previously identified cultural resource, including but not limited to archaeological sites, shipwrecks and the remains of ships and/or boats, standing structures, and properties of traditional religious and cultural significance to the Shinnecock Indian Nation and/or the Delaware Tribe of Indians are discovered during the execution of the Project, the individual(s) who made the discovery shall immediately secure the vicinity and make a reasonable effort to avoid or minimize harm to the resource, and notify the Project’s Contracting Officer’s Representative (COR) and the District. All activities shall cease within a minimum of 50 feet from the inadvertent discovery (50-foot radius ‘no work’ buffer) until authorized by the District and the Project COR. B. If previously unidentified and unanticipated properties are discovered during Project activities, the District shall cease all work in the vicinity of the discovery until it can be evaluated in accordance with 36 CFR Part 800.13 “Post Review Discoveries”. Upon notification of an unanticipated discovery, the District shall implement any additional reasonable measures to avoid or minimize effects to the resource. Any previously unidentified cultural resource will be treated as though it is eligible for the NRHP until such other determination may be made. C. The District shall immediately notify the New York SHPO, the Fire Island National Seashore for unanticipated discoveries within the its boundaries, and the Shinnecock Indian Nation and Delaware Tribe of Indians within 48 hours of the finding and request consultation to determination the nature of the find, the National Register eligibility and the assessment and resolution adverse effects, if identified. 1. If it is determined the unanticipated discovery is not eligible for the National Register, then the suspension of work in the area of the discovery will end. 2. If it is determined that the cultural resource is eligible for the National Register, then the suspension of work will continue, and the District, in consultation with the NYSHPO, the National Park Service for unanticipated discoveries within the Fire Island National Seashore, the Shinnecock Indian Nation, and the Delaware Tribe of Indians will determine the actions to avoid, minimize, or mitigate adverse effects to the historic property and will ensure that the appropriate actions are carried out. 3. I...
Sample 1
Unanticipated Discovery. A. If previously unidentified and unanticipated properties are discovered during the Undertaking implementation, the New York District shall cease all work in the vicinity of the discovered historic property until it can be evaluated. If the property is determined to be eligible, the New York District shall consult with the NJHPO to develop a treatment plan. B. The New York District shall implement the treatment plan once approved by NJHPO.
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Unanticipated Discovery. If unanticipated discoveries of historic propertiesare encountered during the implementation of any project under this Agreement, IDOT and FHWA shall comply with 36 CFR 800.13 by stopping work in the immediate area, and will take measures to protect the historic property(ies), as appropriate, and informing the SHPO of such unanticipated discoveries or effects within two (2) business days. If unanticipated effects on historic properties occur during the implementation of any project under this Agreement, IDOT and FHWA shall comply with 36 CFR 800.13 and inform the SHPO immediately. If human remains are encountered during the implementation of any project under this Agreement, work shall cease immediately in the area of discovery and IDOT and FHWA will take measures to protect the human remains, as appropriate, and the human remains will be left undisturbed. In the event of an unanticipated discovery of human remains or burials on federal lands, IDOT and FHWA will follow the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. 3001). In the event of an unanticipated discovery of human remains or burials on non-federal lands, IDOT will comply with the Illinois Human Skeletal Remains Protection Act (20 ILCS 3440). If the remains are determined to be Native American, FHWA will follow the provisions of the Tribal MOU. Work on the portion of the site where human remains are found shall not resume until a plan for the treatment of the human remains is developed and approved in consultation with the SHPO and any appropriate consulting parties. The plan will comply with Illinois Human Skeletal Remains Protection Act (20 ILCS 3440).
Sample 1
Unanticipated Discovery. Council guidance recommends that all Programmatic Agreements contain a stipulation that outlines what will be done if discoveries are made after the Section 106 consultation process, such as during construction. This stipulation states that the SHPO and Council will be notified and consultation on how to proceed will be initiated if there are unanticipated discoveries. Guidance for unanticipated discoveries can be found in 36 CFR 800.11 and PennDOT Publication 408, Section 105.15.
Sample 1
Unanticipated Discovery. If any unanticipated discoveries of historic properties, sites, artifacts, or objects are encountered during the implementation of any project falling under this PA, FHWA/INDOT shall comply with 36 CFR § 800.13 by stopping work within 100 feet of the discovery and informing SHPO of such unanticipated discoveries or effects within two (2) business days. Any necessary archaeological investigations will be conducted according to the Secretary of the Interior's Guidelines for Archeological Documentation. If any unanticipated effects on historic properties are found to be occurring during the implementation of any project falling under this PA, FHWA/INDOT shall comply with 36 CFR § 800.13 and inform the SHPO immediately. If any human remains are encountered during the implementation of any project falling under this PA, work shall cease within one hundred feet of the discovery and the human remains left undisturbed. FHWA will contact the county coroner and law enforcement officials immediately, and the discovery must be reported to the SHPO within two (2) business days. If the remains are determined to be Native American, and the find occurs on federal or tribal land, FHWA will notify the appropriate federally recognized Indian Tribes and begin consultation under the Native American Xxxxxx Protection and Repatriation Act as appropriate. Work at the site shall not resume until a plan for the treatment of the human remains is developed and approved in consultation with the SHPO, Indian tribes who may attach religious and cultural significance to such remains, and any appropriate consulting parties. The plan will be consistent with the Secretary of the Interior's Guidelines for Archeological Documentation and all other appropriate federal and state guidelines, statutes, rules, and regulations.
Sample 1
Unanticipated Discovery. All unanticipated discoveries made in conjunction with any project covered by this Agreement shall be treated in accordance with the procedures outlined in 36 CFR 800.11 and PennDOT Publication 408, Section 105.15 in consultation with all parties of this Agreement.
Sample 1
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Unanticipated Discovery. During the construction of this project, the District will treat unanticipated discoveries in a manner that is in accordance with 36 CFR Part 800.13 “Post Review Discoveries” and in the case of the discovery of human remains, treatment shall follow protocols developed by the GA SHPO, unless remains are discovered on lands managed by District. If any human skeletal remains are discovered on District-managed lands Savannah District shall follow procedures for Inadvertent Discovery of Human Remains on Federal Lands in accordance with 43 CFR §10.4(a) – (d).
Sample 1
Unanticipated Discovery. In accordance with 36 CFR 800.11(a), if NCDOT identifies additional cultural resource(s) during construction and determines it (them) to be eligible for the NRHP, all work will be halted within the limits of the NRHP-eligible resource(s) and the FRA and NC SHPO will be contacted. If after consultation between the Primary Signatories additional mitigation is determined necessary, the Historic Architecture and/or Archaeology Group(s) of NCDOT, in consultation with the Primary Signatories, will develop and implement appropriate protection/mitigation measures for the resource(s). Inadvertent or accidental discovery of human remains will be handled in accordance with North Carolina General Statutes 65 and 70.
Sample 1

Related to Unanticipated Discovery

  • Adverse Weather Shall be only weather that satisfies all of the following conditions: (1) unusually severe precipitation, sleet, snow, hail, or extreme temperature or air conditions in excess of the norm for the location and time of year it occurred based on the closest weather station data averaged over the past five years, (2) that is unanticipated and would cause unsafe work conditions and/or is unsuitable for scheduled work that should not be performed during inclement weather (i.e., exterior finishes), and (3) at the Project.

  • Elements Unsatisfactory Needs Improvement Proficient Exemplary IV-A-1. Reflective Practice Demonstrates limited reflection on practice and/or use of insights gained to improve practice. May reflect on the effectiveness of lessons/ units and interactions with students but not with colleagues and/or rarely uses insights to improve practice. Regularly reflects on the effectiveness of lessons, units, and interactions with students, both individually and with colleagues, and uses insights gained to improve practice and student learning. Regularly reflects on the effectiveness of lessons, units, and interactions with students, both individually and with colleagues; and uses and shares with colleagues, insights gained to improve practice and student learning. Is able to model this element.

  • Determination of Responsiveness 28.1 The Procuring Entity's determination of a Tender's responsiveness is to be based on the contents of the Tender itself, as defined in ITT28.2.

  • Aggravating and Mitigating Factors The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors as described in CARB’s Enforcement Policy. CARB considered whether the violator came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; nature and persistence of the violation, including the magnitude of the excess emissions; compliance history; preventative efforts taken; innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; efforts to attain, or provide for, compliance prior to violation; action taken to mitigate the violation; financial burden to the violator; and voluntary disclosure. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger depending on the unique circumstances of the case.

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For purposes of the foregoing, (A) if a Pricing Certificate is so delivered for any calendar year, the Sustainability Margin Adjustment and the Sustainability Fee Adjustment shall be determined as of the fifth Business Day following the Pricing Certificate Date for such Pricing Certificate based upon the KPI Metrics for such calendar year set forth in the KPI Metrics Certificate delivered with such Pricing Certificate and the calculations of the Sustainability Margin Adjustment and the Sustainability Fee Adjustment in such KPI Metrics Certificate and (B) if no Pricing Certificate is so delivered in respect of such calendar year, the Sustainability Margin Adjustment and the Sustainability Fee Adjustment shall be determined pursuant to Section 1.7(c) effective as of the Business Day immediately following the date that is 120 days following the last day of such calendar year (such fifth (5th) Business Day or such Business Day, as applicable, each a “Sustainability Pricing Adjustment Date”). 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(e) It is understood and agreed that any Pricing Certificate Inaccuracy shall not constitute a Default or Event of Default; provided, that, the Borrowers comply with the terms of this Section 1.7 with respect to such Pricing Certificate Inaccuracy. 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  • Optional Xactimate Response Attachment (Part 2)

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  • Inclement Weather 24.1 This Inclement Weather clause sets out the full rights, obligations and entitlements of the parties and establishes the conditions under which payment for periods of inclement weather shall be made. 24.2 This Inclement Weather clause is to be read and observed in lieu of the provisions of the award and VBIA. 24.3 Definition – inclement weather Inclement weather shall mean the existence of rain or abnormal climatic conditions (whether they be those of hail, snow, cold, high wind, severe dust storm, extreme high temperature or the like or any combination thereof) by virtue of which it is either not reasonable or not safe for employees exposed thereto to continue working whilst the same prevail.

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