Affirmative Determination Clause Samples
An Affirmative Determination clause establishes that a specific condition or requirement has been positively confirmed or met, often as a prerequisite for further action under a contract. In practice, this clause may require a party to verify and document that certain standards, such as regulatory approvals or due diligence findings, have been satisfied before proceeding with obligations like payment or project commencement. Its core function is to ensure that critical conditions are explicitly acknowledged as fulfilled, thereby reducing uncertainty and mitigating the risk of disputes over whether contractual prerequisites have been met.
Affirmative Determination. In the event of an Affirmative Determination, California and Oregon each shall provide Notice to the Secretary and other Parties whether the State concurs with the Affirmative Determination. In its Concurrence, each State shall consider, in its discretion and independent judgment, whether: (i) significant impacts identified in its environmental review can be avoided or mitigated as provided under state law; and (ii) Facilities Removal will be completed within the State Cost Cap.
Affirmative Determination. With respect to any affirmative determination of the Commission under subsection (a)—
(1) such determination shall be treated as an affirmative determination made under section 2251(b) of this title (as in effect on the day be- fore the date of the enactment of the Omnibus Trade and Competitiveness Act of 1988); and
(2) sections 2252 and 2253 of this title (as in effect on the day before the date of the enact- ment of such Act of 1988), rather than the pro- visions of part 1 of subchapter II of this chap- ter as amended by section 1401 of such Act of 1988, shall apply with respect to the taking of subsequent action, if any, by the President in response to such affirmative determination; except that—
(A) the President may take action under such sections 2252 and 2253 of this title only with respect to imports from the country or countries involved of the article with respect to which the affirmative determination was made; and
(B) if such action consists of, or includes, an orderly marketing agreement, such agreement shall be entered into within 60 days after the import relief determination date.