Common use of Withdrawal of Objections Clause in Contracts

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine locations listed on Attachment A and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entirety. 2. If the Project Owner submits any substitute ASNs to FAA within 12 months of the execution of this agreement, the DoD parties agree not to object to those substitute ASNs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution does not exceed 152, and that this agreement is incorporated into the substitute ASN filings. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § 77.35, then the DoD Parties will not object to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement, that do not exceed the maximum height specified in Section 5.A and are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs for the project still does not exceed 152, and that this agreement is incorporated into the ASN filings affected by the extension. 4. The DoD parties agree not to object to the construction and operation of the project before any other federal, state, or local regulatory entity with jurisdiction over the project (except as provided in sections 7.B and 11.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine locations listed on in Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If the Project Owner submits any substitute ASNs may apply to the FAA for one (1) additional ASN for a MET tower within 12 months of the execution of this agreement, the . The DoD parties agree not shall deliver to object the FAA “No Objections with Provisions” for the ASN corresponding to those substitute ASNsthe MET tower, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution MET towers does not exceed 152one (1), that the proposed height of the MET tower does not exceed 440 feet AGL, and that this agreement a statement is incorporated into FAA’s OE/AAA system into the substitute MET tower ASN filingsreferencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with Section 10.A), do not exceed the maximum height specified in Section 5.A 3.A, and are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs structures for the project Project still does not exceed 15210 for wind turbines and one (1) MET tower, and that this agreement a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the ASN filings affected by the extensiondate executed and its signatories. 4. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Mill Run Windpower LLC

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties Parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine locations listed on in Attachment A and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entirety.A. 2. If the Project Owner submits any substitute may apply to the FAA for 10 ASNs to FAA for METs within 12 months of the execution of this agreement, . The DoD Parties shall deliver to the DoD parties agree not FAA “No Objections with Provisions” for the ASNs corresponding to object to those substitute ASNsthe METs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution METs does not exceed 15210, that the proposed height of the METs does not exceed 430 feet AGL, and that this agreement a statement is incorporated into FAA’s OE/AAA system into the substitute ASN filingsMET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. 3. All parties Parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR Section 77.35, then the DoD Parties will not object agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with Section 10.A), do not exceed the maximum height heights specified in Section 5.A 3.A, and are located within the siting parameters of the project area Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs structures for the project Project still does not exceed 152155 wind turbines and 10 METs, and that this agreement a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the ASN filings affected by the extensiondate executed and its signatories. 4. The DoD parties Parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties Parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Between the Department of Defense and Grady Martin Wind LLC

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine locations listed on in Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If the Project Owner submits any substitute may apply to the FAA for four (4) additional ASNs to FAA for METs within 12 18 months of the execution of this agreement, the . The DoD parties agree not shall deliver to object the FAA “No Objections with Provisions” for the ASNs corresponding to those substitute ASNsthe METs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution METs does not exceed 152four (4), that the proposed height of the METs does not exceed 400 feet AGL, and that this agreement a statement is incorporated into FAA’s OE/AAA system into the substitute ASN filingsMET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with Section 10.A), do not exceed the maximum height heights specified in Section 5.A 3.A, and are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs structures for the project Project still does not exceed 152, 36 wind turbines and that this agreement is incorporated into the ASN filings affected by the extension. 4. The DoD parties agree not to object to the construction and operation of the project before any other federal, state, or local regulatory entity with jurisdiction over the project (except as provided in sections 7.B and 11.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.four

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Agua Amarga Wind LLC Addressing the Agua Amarga Wind Project

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine and MET locations listed on Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If the Project Owner submits any substitute ASNs to FAA within 12 months of the execution of this agreement, the DoD parties agree not to object deliver to the FAA “No Objections with Provisions” for those substitute ASNs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A3.A, that the substitute ASNs are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs wind turbines constructed after substitution does not exceed 15246 of the 51 filed wind turbines, and that this agreement the total number of constructed METs does not exceed three (3) of the five (5) filed METs and a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the substitute ASN filingsdate executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with Section 3.E.2), do not exceed the maximum height specified in Section 5.A 3.A, and are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, ; that the total number of ASNs structures for the project Project still does do not exceed 15246 of the 51 filed for wind turbines and three (3) of the five (5) filed METs, and that this agreement a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the ASN filings affected by the extensiondate executed and its signatories. 4. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), ; provided that Project Owner is in material compliance with the terms of this Agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Gh America Energy, LLC

Withdrawal of Objections. 1. DoD has responded to the 65 Forty Eight (48) of the 65 wind turbines ASN’s and two (2) MET ASN’s and they have received Ddeterminations of No Hazard from the FAA. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the remaining 19 ASNs corresponding to the wind turbine and MET locations listed on Attachment A and shall attach an electronic copy of this agreement to those ASNs. A. The "Provisions" shall consist of ” will incorporate by reference this agreement in agreement, referring to it by its entiretytitle, the date executed, and its signatories. 2. If the Project Owner submits any substitute ASNs to FAA within 12 months of the execution of this agreement, the DoD parties agree not to object to those substitute ASNs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution does not exceed 152, and that this agreement is incorporated into the substitute ASN filings. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR section 77.35, then the DoD Parties will not object agree to such an extension as requested, deliver to the FAA “No Objections with Provisions” provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with section 10.A below), do not exceed the maximum height specified in Section 5.A and 3.A, are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs for the project Project still does not exceed 15263 for wind turbines constructed of the 65 ASN’s filed and two (2) for METs, and that this agreement a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the ASN filings affected by the extensiondate executed and its signatories. 43. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Addressing the Priddy Wind Project

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine locations listed on in Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If the Project Owner submits any substitute may apply to the FAA for 20 additional ASNs to FAA for METs within 12 months of the execution of this agreement, the . The DoD parties agree not shall deliver to object the FAA “No Objections with Provisions” for the ASNs corresponding to those substitute ASNsthe METs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution METs does not exceed 15220, that the proposed height of the METs does not exceed 500 feet AGL, and that this agreement a statement is incorporated into FAA’s OE/AAA system into the substitute ASN filingsMET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with Section 10.A), do not exceed the maximum height heights specified in Section 5.A 3.A, and are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs structures for the project Project still does not exceed 152385 wind turbines and 20 METs, and that this agreement a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the ASN filings affected by the extensiondate executed and its signatories. 4. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Scandia Wind Southwest LLC Regarding the Swafford Renewable Energy Project

Withdrawal of Objections. 1. The FAA has already issued Determinations of No Hazard for the three (3) MET ASNs listed in Attachment A. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine locations listed on in Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If the Project Owner submits any substitute ASNs to FAA within 12 months of the execution of this agreement, the DoD parties agree not to object to those substitute ASNs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution does not exceed 152, and that this agreement is incorporated into the substitute ASN filings. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR Section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with Section 10.A), do not exceed the maximum height heights specified in Section 5.A 3.A, and are located within the siting parameters of the project area Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs structures for the project Project still does not exceed 15260 wind turbines and three (3) METs, and that this agreement a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the ASN filings affected by the extensiondate executed and its signatories. 43. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Knox County Wind Farm LLC

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine and MET tower locations listed on in Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If the Project Owner submits any substitute ASNs to FAA within 12 months of the execution of this agreement, the DoD parties agree not to object to those substitute ASNs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution does not exceed 152, and that this agreement is incorporated into the substitute ASN filings. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with section 10.A), do not exceed the maximum height specified in Section 5.A 3.A, and are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, ; that the total number of wind turbine ASNs for the project Project still do not exceed 168; that the total number of MET tower ASNs does not exceed 152, three (3) and that the height of the MET towers does not exceed 269 feet AGL; and that this agreement is incorporated into the ASN filings affected by the extension. 43. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Fge Goodnight, LLC Addressing the Goodnight Wind Project

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine and MET locations listed on in Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If the Project Owner submits any substitute ASNs to FAA within 12 months of the execution of this agreement, the DoD parties agree not to object to those substitute ASNs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution does not exceed 152, and that this agreement is incorporated into the substitute ASN filings. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § Section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with Section 10.A), do not exceed the maximum height heights specified in Section 5.A 3.A, and are located within the siting parameters of the project area Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs structures for the project Project still does not exceed 152eight (8) wind turbines and one (1) MET, and that this agreement a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the ASN filings affected by the extensiondate executed and its signatories. 43. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B Sections 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Klondike Wind Power, LLC

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine locations listed on in Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If the Project Owner submits any substitute may apply to the FAA for six (6) ASNs to FAA for METs within 12 months of the execution of this agreement, the . The DoD parties agree not shall deliver to object the FAA “No Objections with Provisions” for the ASNs corresponding to those substitute ASNsthe METs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution METs does not exceed 152six (6), that the proposed height of the METs does not exceed 400 feet AGL, and that this agreement a statement is incorporated into FAA’s OE/AAA system into the substitute ASN filingsMET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR Section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with Section 10.A), do not exceed the maximum height heights specified in Section 5.A 3.A, and are located within the siting parameters of the project area Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs structures for the project Project still does not exceed 152260 wind turbines and six (6) METs, and that this agreement a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the ASN filings affected by the extensiondate executed and its signatories. 4. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Kingsmill Wind, LLC

Withdrawal of Objections. 1. Fifteen (15) of the 88 ASNs listed on Attachment A have received determinations from the FAA. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the remaining 73 ASNs corresponding to the wind turbine locations listed on in Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If the Project Owner submits any substitute may apply to the FAA for two (2) ASNs to FAA for MET towers within 12 months of the execution of this agreement, the . The DoD parties agree not shall deliver to object the FAA “No Objections with Provisions” for the ASNs corresponding to those substitute ASNsthe MET towers, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution MET towers does not exceed 152two (2), that the proposed height of the MET towers do not exceed 330 feet AGL, the MET towers are restricted to the Project area depicted in Attachment B, and that this agreement a statement is incorporated into FAA’s OE/AAA system into the substitute ASN filingsMET tower ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with Section 10.A), do not exceed the maximum height specified in Section 5.A and 3.A, are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs built structures for the project Project still does not exceed 15286 for wind turbines and two (2) MET towers, and that this agreement a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the ASN filings affected by the extensiondate executed and its signatories. 4. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Panther Grove Wind LLC

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine locations listed on in Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If the Project Owner submits any substitute may apply to the FAA for three (3) ASNs to FAA for METs within 12 months of the execution of this agreement, the . The DoD parties agree not shall deliver to object the FAA “No Objections with Provisions” for the ASNs corresponding to those substitute ASNsthe METs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution METs do not exceed three (3), that the proposed height of the METs does not exceed 152410 feet AGL, and that this agreement a statement is incorporated into FAA’s OE/AAA system into the substitute ASN filingsMET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with Section 10.A), do not exceed the maximum height heights specified in Section 5.A 3.A, and are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs structures for the project Project still does not exceed 152, 85 wind turbines and that this agreement is incorporated into the ASN filings affected by the extension. 4. The DoD parties agree not to object to the construction and operation of the project before any other federal, state, or local regulatory entity with jurisdiction over the project (except as provided in sections 7.B and 11.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.three

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Vermilion Grove Wind, LLC Addressing the Vermilion County Wind Project

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine and MET tower locations listed on Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. In addition to the two MET tower ASNs listed on Attachment A, Project Owner may apply to the FAA for up to three (3) additional ASNs for MET towers within 12 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to those MET towers, provided that the total number of MET towers does not exceed five (5), that the proposed height of those MET towers does not exceed 292 feet AGL, and that this agreement is incorporated into the meteorological tower ASN filings. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. If the Project Owner submits any substitute ASNs to FAA within 12 months of the execution of this agreement, the DoD parties agree not to object deliver to the FAA “No Objections with Provisions” for those substitute ASNs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A3.A, that the substitute ASNs are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of wind turbines ASNs after substitution does not exceed 152120 turbines, that the total number of MET tower ASNs does not exceed five (5), and that this agreement is incorporated into the substitute ASN filings. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 34. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § section 77.35, then the DoD Parties will not object to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement, that do not exceed the maximum height specified in Section 5.A 3.A and are located within the siting parameters of the project area Project areas specified in Attachment B of this agreement or any amendments to this agreement, that the total number of wind turbines ASNs for the project still after substitution does not exceed 152120 turbines, that the total number of MET tower ASNs does not exceed five (5), and that this agreement is incorporated into the substitute ASN filings affected by the extensionfilings. 45. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), ; provided that Project Owner is in material compliance with the terms of this Agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Soldier Creek Wind, LLC

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine locations listed on in Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If the Project Owner submits any substitute may apply to the FAA for eight (8) ASNs to FAA for METs within 12 months of the execution of this agreement, the . The DoD parties agree not shall deliver to object the FAA “No Objections with Provisions” for the ASNs corresponding to those substitute ASNsthe METs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution METs does not exceed 152eight (8), that the proposed height of the METs does not exceed 400 feet AGL, and that this agreement a statement is incorporated into FAA’s OE/AAA system into the substitute ASN filingsMET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR Section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with Section 10.A), do not exceed the maximum height heights specified in Section 5.A 3.A, and are located within the siting parameters of the project area Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs structures for the project Project still does not exceed 152142 wind turbines and eight (8) METs, and that this agreement a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the ASN filings affected by the extensiondate executed and its signatories. 4. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B Sections 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and White Peaks Wind Project, LLC

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine locations listed on in Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If the Project Owner submits any substitute may apply to the FAA for two (2) additional ASNs to FAA for permanent METs within 12 months of the execution of this agreement, the . The DoD parties agree not shall deliver to object the FAA “No Objections with Provisions” for the ASNs corresponding to those substitute ASNsthe permanent METs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution permanent METs does not exceed 152two (2), that the proposed height of the permanent METs does not exceed 460 feet AGL, and that this agreement a statement is incorporated into FAA’s OE/AAA system into the substitute ASN filingsMET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with Section 10.A), do not exceed the maximum height heights specified in Section 5.A 3.A, and are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs structures for the project Project still does not exceed 15234 of the 37 filed wind turbines and two (2) permanent METs, and that this agreement a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the ASN filings affected by the extensiondate executed and its signatories. 4. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Rail Splitter Wind Farm Ii LLC

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine locations listed on in Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If the Project Owner submits any substitute may apply to the FAA for six (6) ASNs to FAA for METs within 12 18 months of the execution of this agreement, the . The DoD parties agree not shall deliver to object the FAA “No Objections with Provisions” for the ASNs corresponding to those substitute ASNsthe METs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution METs does not exceed 152six (6), that the proposed height of the METs does not exceed 394 feet AGL, and that this agreement a statement is incorporated into FAA’s OE/AAA system into the substitute ASN filingsMET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR Section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with Section 10.A), do not exceed the maximum height heights specified in Section 5.A 3.A, and are located within the siting parameters of the project area Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs structures for the project Project still does not exceed 152124 wind turbines and six (6) METs, and that this agreement a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the ASN filings affected by the extensiondate executed and its signatories. 4. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Four Creeks LLC Addressing the Four Creeks Wind Project

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Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine and MET tower locations listed on in Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If Project Owner may apply to the FAA for up to 13 additional ASNs for wind turbines within 90 days of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to those additional wind turbines within 10 days of receipt of ASNs from the FAA, provided that the total number of wind turbines for the project does not exceed 125, that the proposed height of each additional wind turbine does not exceed 499 feet AGL, that the additional wind turbines are located within the designated Project boundary as depicted in Attachment B, and that this agreement is incorporated into the additional wind turbine ASN filings. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. Project Owner may apply to the FAA to substitute up to 12 ASNs for wind turbines within the Project Owner submits any substitute ASNs to FAA area within 12 months of the execution of this agreement, the . The DoD parties agree not shall deliver to object the FAA “No Objections with Provisions” for the ASNs corresponding to those substitute ASNswind turbines, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution wind turbines for the project does not exceed 152125, that the proposed height of each substitute wind turbine does not exceed 499 feet AGL, that the substitute wind turbines are located within the designated Project boundary as depicted in Attachment B, and that this agreement is incorporated into the substitute ASN filings. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 34. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A (as amended, if applicable, in accordance with sections 3.E.2, 3.E.3, or are substitute ASNs that were submitted within 12 months of the execution of this agreement10.A), that do not exceed the maximum height specified in Section 5.A section 3.A, and are located within the siting parameters of the project area Project areas specified in Attachment B of this agreement or any amendments to this agreement, ; that the total number of ASNs for the project Project still does not exceed 152, 125 wind turbines and three (3) MET towers; and that this agreement is incorporated into the ASN filings affected by the extension. 45. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Maverick Wind Project, LLC

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine and met tower locations listed on Attachment A and shall attach an electronic copy of this agreement to those ASNs. A. The "Provisions" shall consist of will incorporate by reference this agreement in agreement, referring to it by its entiretytitle, the date executed, and its signatories. 2. If the Project Owner submits any substitute ASNs to FAA within 12 months of the execution of this agreement, the DoD parties agree not to object to those substitute ASNs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A3.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of wind turbine ASNs after substitution does not exceed 15221, that the total number of met tower ASN’s does not exceed 0, and that this agreement is incorporated into the substitute ASN filings. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § section 77.35, then the DoD Parties will not object to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement, that do not exceed the maximum height specified in Section 5.A 3.A and are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of wind turbine ASNs for the project and met tower ASNs still does do not exceed 15221, and that this agreement is incorporated into the ASN filings affected by the extension. 4. The DoD parties agree not to object to the construction and operation of the project before with any other federal, state, or local regulatory entity with jurisdiction over the project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties Parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine locations listed on in Attachment A and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entirety.A. 2. If the Project Owner submits any substitute may apply to the FAA for six (6) ASNs to FAA for wind turbines and seven (7) ASNs for METs within 12 months of the execution of this agreement, . The DoD Parties shall deliver to the DoD parties agree not FAA “No Objections with Provisions” for the ASNs corresponding to object to those substitute ASNsthe wind turbines and METs, provided that the substitute total number of wind turbines does not exceed 75 and METs does not exceed seven (7), that the proposed height of the wind turbines does not exceed 698 feet AGL and the METs does not exceed 450 feet AGL, and a statement is incorporated into FAA’s OE/AAA system for the wind turbine and MET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. 3. All Parties agree that, if Project Owner requests to extend the effective period of FAA’s Determination of No Hazard to Air Navigation in accordance with 14 CFR Section 77.35, then the DoD Parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed in Attachment A (as amended, if applicable, in accordance with Section 10.A), do not exceed the maximum height heights specified in Section 5.A3.A, that the substitute ASNs and are located within the siting parameters of the project area Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs after substitution does not exceed 152, and that this agreement is incorporated into the substitute ASN filings. 3. All parties agree that, if structures for the Project Owner requests to extend the effective period of FAA's Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § 77.35, then the DoD Parties will not object to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement, that do not exceed the maximum height specified in Section 5.A and are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs for the project still does not exceed 15275 wind turbines and seven (7) METs, and that this agreement a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the ASN filings affected by the extensiondate executed and its signatories. 4. The DoD parties Parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties Parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Between the Department of Defense, the Department of the Air Force, and Saddle Butte Wind, LLC

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine locations listed on in Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If the Project Owner submits any substitute may apply to the FAA for nine (9) additional ASNs to FAA for alternate wind turbines and five (5) additional ASNs for METs within 12 months of the execution of this agreement, the . The DoD parties agree not shall deliver to object the FAA “No Objections with Provisions” for the ASNs corresponding to those substitute ASNsthe alternate wind turbines and METs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution filings does not exceed 152, 61 for wind turbines and five (5) for METs; that this agreement the proposed height of the alternate wind turbines and METs does not exceed 599 feet AGL; and a statement is incorporated into FAA’s OE/AAA system into the substitute ASN filingsalternate wind turbines and MET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with Section 10.A), do not exceed the maximum height heights specified in Section 5.A 3.A, and are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs structures for the project Project still does not exceed 152, 52 wind turbines and that this agreement is incorporated into the ASN filings affected by the extension. 4. The DoD parties agree not to object to the construction and operation of the project before any other federal, state, or local regulatory entity with jurisdiction over the project (except as provided in sections 7.B and 11.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.five

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Indiana Crossroads Wind Farm Ii LLC

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine locations listed on Attachment A and shall attach an electronic copy of this agreement to those ASNs. A. The "Provisions" shall consist of will incorporate by reference this agreement in agreement, referring to it by its entiretytitle, the date executed, and its signatories. 2. Project Owner may submit up to two ASNs for meteorological towers within 12 months of the execution of this agreement. The DoD parties shall deliver to the FAA “No Objections with Provisions” for the ASNs corresponding to those ASNs, provided that the total number of meteorological towers does not exceed two, that the ASNs are located within the siting parameters of the Project area specified in Attachment B of this agreement, that the proposed height of those meteorological towers does not exceed 533 feet AGL, and that this agreement is incorporated into the meteorological tower ASN filings 3. If the Project Owner submits any substitute ASNs to FAA within 12 months of the execution of this agreement, the DoD parties agree not to object to those substitute ASNs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A3.A, that the substitute ASNs are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs after substitution wind turbines constructed does not exceed 15270, that the total number of meteorological tower ASN’s does not exceed two (2), and that this agreement is incorporated into the substitute ASN filings. 34. All parties agree that, if the Project Owner requests to extend the effective period of FAA's Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § 77.35, then the DoD Parties will not object to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement, that do not exceed the maximum height specified in Section 5.A 3.A and are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs for the project still does not exceed 15283, total constructed wind turbines does not exceed 70, total permanent meteorological towers does not exceed two (2), and that this agreement is incorporated into the ASN filings affected by the extension. 4. The DoD parties agree not to object to the construction and operation of the project before any other federal, state, or local regulatory entity with jurisdiction over the project (except as provided in sections 7.B and 11.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement

Withdrawal of Objections. 1. Eighty-six (86) of the wind turbines listed in Attachment A have received Determinations of No Hazard from the FAA. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the remaining 133 ASNs corresponding to the wind turbine locations listed on Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If the Project Owner submits any substitute ASNs to FAA within 12 months of the execution of this agreement, the DoD parties agree not to object to those substitute ASNs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution does not exceed 152, and that this agreement is incorporated into the substitute ASN filings. 3. All parties agree that, that if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § section 77.35, then the DoD Parties will not object agree to such an extension as requested, deliver to the FAA “No Objections with Provisions” provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with section 10.A below), do not exceed the maximum height specified in Section 5.A 3.A, and are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, ; that the total number of wind turbine ASNs for the project Project still does not exceed 152, 219 wind turbines; and that this agreement is incorporated into the ASN filings affected by the extension. 43. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Illinois Generation LLC Regarding the Heritage Prairie Wind Project

Withdrawal of Objections. (1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the ) The wind turbine locations turbines listed on in Attachment A and shall attach an electronic copy have received Determinations of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entirety. 2No Hazard from the FAA. If the Project Owner submits any substitute ASNs to the FAA within 12 months of the execution date of this agreement, the DoD parties agree not to object to those substitute ASNs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A3.A, that the substitute ASNs are located within the siting parameters of the project area specified in Attachment B of this agreement or any amendments to this agreement, that the total number numbers of ASNs after substitution does not exceed 15230, and that this agreement is incorporated into the substitute ASN filings. 3. (2) All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § section 77.35, then the DoD Parties parties will not object to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement, that do not exceed the maximum height heights specified in Section 5.A 3.A and are located within the siting parameters of the project area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs for the project still does not exceed 15230, and that this agreement is incorporated into the ASN filings affected by the extension. 4. (3) The DoD parties agree not to object to the construction and operation of the project before under any other federal, state, or local regulatory entity with jurisdiction over the project (except as provided in sections 7.B 5.B and 11.H 9.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess the potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters. (4) The MILDEP agrees not to object to Project Owner’s request for a variance to place some of the turbines within 1,000 feet of the Installation’s boundary, as the MILDEP is authorized to do pursuant to California Government Code section 65944 and the Santa Xxxxxxx Land Use & Development Code, so long as Project Owner complies with the terms of this agreement and has disclosed to the DoD parties in writing all material facts necessary to fully assess the potential adverse impacts and all material facts relevant to other federal, state, or regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Strauss Wind, LLC Regarding the Strauss Wind Energy Project

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine agreed upon structure locations listed on in Attachment A A. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretysignatories. 2. If the Project Owner submits any substitute ASNs may apply to the FAA for one (1) additional ASN for a MET tower within 12 months of the execution of this agreement, the . The DoD parties agree not shall deliver to object the FAA “No Objections with Provisions” for the ASN corresponding to those substitute ASNsthat MET tower, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution MET towers does not exceed 152one, that the proposed height of the MET tower does not exceed 375 feet AGL, and that this agreement is incorporated into the substitute MET tower ASN filingsfiling. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with section 10.A), do not exceed the maximum height specified in Section 5.A 3.A, and are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, ; that the total number of ASNs structures for the project Project still does not exceed 152, 40 wind turbines and one (1) MET tower; and that this agreement is incorporated into the ASN filings affected by the extension. 45. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Walleye Wind, LLC

Withdrawal of Objections. 1. Within 10 calendar days of the execution of this agreement, the DoD parties Parties shall deliver to the FAA "No Objections with Provisions" for the ASNs corresponding to the wind turbine locations listed on in Attachment A and shall attach an electronic copy of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entirety.A. 2. If the Project Owner submits any substitute may apply to the FAA for 10 ASNs to FAA for METs within 12 months of the execution of this agreement, . The DoD Parties shall deliver to the DoD parties agree not FAA “No Objections with Provisions” for the ASNs corresponding to object to those substitute ASNsthe METs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution METs does not exceed 15210, that the proposed height of the METs does not exceed 499 feet AGL, and that this agreement a statement is incorporated into FAA’s OE/AAA system into the substitute ASN filingsMET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. 3. All parties Parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR Section 77.35, then the DoD Parties will not object agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with Section 10.A), do not exceed the maximum height heights specified in Section 5.A 3.A, and are located within the siting parameters of the project area Project Area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs structures for the project Project still does not exceed 152299 wind turbines and 10 METs, and that this agreement a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the ASN filings affected by the extensiondate executed and its signatories. 4. The DoD parties Parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties Parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Between the Department of Defense, the Department of the Air Force, and Aes Clean Energy Development, LLC

Withdrawal of Objections. 1. Within 10 calendar days All 98 of the execution of this agreement, the DoD parties shall deliver to the FAA "No Objections with Provisions" ASNs for the ASNs corresponding wind turbines, of which only 86 are to the wind turbine locations be constructed, and one (1) ASN for a MET listed on in Attachment A and shall attach an electronic copy have received Determinations of this agreement to those ASNs. The "Provisions" shall consist of this agreement in its entiretyNo Hazard from the FAA. 2. If the Project Owner submits any substitute may apply to the FAA for three (3) additional ASNs to FAA for METs within 12 months of the execution of this agreement, the . The DoD parties agree not shall deliver to object the FAA “No Objections with Provisions” for the ASNs corresponding to those substitute ASNsthe METs, provided that the substitute ASNs do not exceed the maximum height specified in Section 5.A, that the substitute ASNs are located within the siting parameters of the project area specified in this agreement or any amendments to this agreement, that the total number of ASNs after substitution METs do not exceed four (4), that the proposed height of the METs does not exceed 152328 feet AGL, and that this agreement a statement is incorporated into FAA’s OE/AAA system into the substitute ASN filingsMET ASNs referencing this agreement, referring to it by its title, the date executed and its signatories. The “Provisions” will incorporate by reference this agreement, referring to it by its title, the date executed, and its signatories. 3. All parties agree that, if the Project Owner requests to extend the effective period of FAA's ’s Determination of No Hazard to Air Navigation in accordance with 14 C.F.R. § CFR section 77.35, then the DoD Parties will not object parties agree to deliver to the FAA “No Objections with Provisions” to such an extension as requested, provided that the affected ASNs are listed on Attachment A or are substitute ASNs that were submitted within 12 months of the execution of this agreement(as amended, that if applicable, in accordance with Section 10.A), do not exceed the maximum height heights specified in Section 5.A 3.A, and are located within the siting parameters of the project Project area specified in Attachment B of this agreement or any amendments to this agreement, that the total number of ASNs structures for the project Project still does not exceed 15298 wind turbines of which 86 are to be constructed and four (4) METs, and that this agreement a statement is incorporated into FAA’s OE/AAA system referencing this agreement, referring to it by its title, the ASN filings affected by the extensiondate executed and its signatories. 4. The DoD parties agree not to object to the construction and operation of the project Project before any other federal, state, or local regulatory entity with jurisdiction over the project Project (except as provided in sections 7.B 6.B and 11.H 10.H of this agreement), provided that Project Owner is in material compliance with the terms of this Agreement agreement and that Project Owner has disclosed to the DoD parties in writing all material facts necessary to fully assess potential adverse impacts and all material facts relevant to other federal, state, or local regulatory entity jurisdictional matters.

Appears in 1 contract

Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Aragonne Wind, LLC

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