Additional Fish Passage Facilities Sample Clauses

Additional Fish Passage Facilities. Prior to January 1, 2014, MADEP may issue an order requiring the Project Owner to install new fish passage facilities beyond what is ordered in this 401 Certificate, provided that such installation shall not be required to commence for 18 months after the issuance of that order if a permit is required or the Project Owner appeals, or 36 months if both a permit is required and the Project Owner appeals. Project Owner may bring an appeal or other administrative or judicial action that challenges such a MADEP order relating to fish passage facilities subject to this moratorium condition, but shall make best efforts to have all such appeals or other actions, as well as required permitting, resolved expeditiously and not later than January 1, 2014. Any installations requiring construction to begin prior to January 1, 2014 shall not, in the aggregate, have a cost greater than $350,000 installed book cost under Generally Accepted Accounting Principles, said $350,000 (less that portion of it already spent) to be adjusted annually from the year 1999 by the Consumer Price Index-All Urban Consumers (Series ID: CUUR0000SAO). As discussed above in Condition #14, MADEP may require that Project Owner make “Modifications and Adjustments” to the fish passage facilities to improve their efficacy both before and after January 1, 2014. Any costs: i) of such “Modifications and Adjustments”; ii) of facilities ordered under this 401 Certification; iii) to protect threatened or endangered species; iv) to comply with any changes to MADEP Water Quality Standards; or v) of studies described in the next paragraph shall not count toward the inflation-adjusted $350,000 cost cap. Throughout the term of the license, Project Owner shall cooperate with MADEP, MADFW and other agencies with respect to the performance of studies related to habitat, minimum flows, and fish passage facilities, and to expedite improvements, including without limitation, reviewing fish passage efficacy, identifying problems with existing facilities, and discussing, designing and implementing solutions. Project Owner shall pay all reasonable costs of reasonably-required studies of such issues in a timely fashion. In order to avoid delay in installation of new facilities, the Project Owner shall cooperate with MADEP, MADFW and other agencies in the design and performance of studies to determine what, if any, modifications to existing minimum flows and fish passage facilities, or new fish passage facilities are nece...
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Related to Additional Fish Passage Facilities

  • Trading facilities Most open-outcry and electronic trading facilities are supported by computer-based component systems for the order-routing, execution, matching, registration or clearing of trades. As with all facilities and systems, they are vulnerable to temporary disruption or failure. Your ability to recover certain losses may be subject to limits on liability imposed by the system provider, the market, the clearing house and/or member firms. Such limits may vary; you should ask the firm with which you deal for details in this respect.

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  • Participating TO’s Interconnection Facilities The Participating TO shall design, procure, construct, install, own and/or control the Participating TO’s Interconnection Facilities described in Appendix A at the sole expense of the Interconnection Customer. Unless the Participating TO elects to fund the capital for the Participating TO’s Interconnection Facilities, they shall be solely funded by the Interconnection Customer.

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  • Toilet Facilities The Employer provides the Contractor access to toilet facilities. Temporary chemical toilets are provided by the Contractor where deemed necessary.

  • ADJACENT EXCAVATION-SHORING 32. If an excavation shall be made upon land adjacent to the demised premises, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter upon the demised premises for the purpose of doing such work as said person shall deem necessary to preserve the wall or the building of which demised premises form a part from injury or damage and to support the same by proper foundations without any claim for damages or indemnity against Owner, or diminution or abatement of rent.

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