Application of the Criteria of Adverse Effect Sample Clauses

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a).
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Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may 647 affect historic properties in the APE, including properties of religious or cultural 648 significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to 649 historic properties within the APE(s), taking into account the views of the consulting 650 parties and public concerning effects in accordance with 36 CFR § 800.5(a). 651 652 a. 653 654 655 656 657 658 659 660 661 662 663 If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b).
Sample 1
Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including properties of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and public concerning effects in accordance with 36 CFR § 800.5(a). If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and complete the Section 106 review. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or;
Sample 1
Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may 656 affect historic properties in the APE, including those of religious or cultural 657 significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to 658 historic properties within the APE(s), taking into account the views of the consulting 659 parties and the public concerning effects in accordance with 36 CFR § 800.5(a). 660 661 a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, 662 FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 663 800.5(b). 665 i. FEMA shall notify the SHPO, participating Tribe(s) and all other consulting 666 parties of its finding and provide supporting documentation pursuant to 36 667 CFR §800.11(e). 668 669 ii. Unless a consulting party objects within the applicable timeframe outlined in 670 Stipulation I.E, Timeframes and Communications, FEMA will proceed with its 671 “no adverse effect” determination and conclude the Section 106 review. 672 673 iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will 674 consult with the objecting party to resolve the disagreement. 675
Sample 1
Application of the Criteria of Adverse Effect. If NCORR finds an Undertaking may affect historic properties in the APE, including those of religious and cultural significance to Tribe(s), NCORR shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 C.F.R. § 800.5(a).
Sample 1
Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may 509 affect identified historic properties in the APE, including properties of religious and/or 510 cultural significance to Tribes, or if a consulting party objects to the finding of “no 511 historic properties affected,” FEMA will apply the criteria of adverse effect to historic 512 properties within the APE(s), taking into account the views of the consulting parties 513 and public concerning effects in accordance with 36 CFR § 800.5(a). 514 515 a. If FEMA determines that an Undertaking does not meet the adverse effect criteria 516 for a historic property, or that the Undertaking meets the Standards, FEMA shall 517 propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). 518 519 b. FEMA shall notify the SHPO, affected Tribe(s), and all other consulting parties of 520 its finding and provide supporting documentation pursuant to 36 CFR §800.11(e) 521 and other applicable documentation standards. Unless a consulting party objects 522 within the appropriate timeframe, FEMA will proceed with its “no adverse effect” 523 determination and complete the Section 106 review. 524 525 c. If FEMA finds the Undertaking may have an adverse effect, FEMA shall request 526 through the Grantee that the subgrantee revise the scope of work to substantially 527 conform to the Standards for structures, or avoid or minimize adverse effects for 528 archaeological properties, in consultation with the SHPO, affected Tribe(s), and 529 any other consulting parties. If the subgrantee modifies the scope of work to 530 address the adverse effect, FEMA shall notify the consulting parties, and provide 531 supporting documentation. Unless a consulting party makes a timely objection, 532 FEMA shall proceed with its “no adverse effect” determination and complete the 533 Section 106 review. 534 535 d. If a consulting party objects to a finding of “no adverse effect,” FEMA may 536 consult with the objecting party to resolve the disagreement. If the objection is 537 resolved, FEMA may proceed with the undertaking in accordance with the 538 resolution, and following appropriate notification to other consulting parties. If the 539 objection can not be resolved, FEMA may forward its findings and supporting 540 documentation to the ACHP and request that the ACHP review the findings in 541 accordance with 36 CFR. § 800.5(c)(3)(i-ii). FEMA will consider the ACHP’s 542 recommendation in making its final determination. 543
Sample 1

Related to Application of the Criteria of Adverse Effect

  • Absence of Adverse Changes From the date hereof until the Closing, there will have been no material adverse change in the financial or business condition of the Company.

  • Notice of Adverse Change The Company shall promptly give notice to all holders of any Securities (but in any event within seven (7) days) after becoming aware of the existence of any condition or event which constitutes, or the occurrence of, any of the following:

  • Determination of Adverse Consequences The Parties shall take into account the time cost of money in determining Adverse Consequences for purposes of this Section 6. All indemnification payments under this Section 6 shall be deemed adjustments to the Purchase Price.

  • Litigation; Adverse Effects Except as set forth in Schedule 7.1-I, as of the Closing Date, there is no action, suit, proceeding, Claim, investigation or arbitration before or by any Governmental Authority or private arbitrator pending or, to the knowledge of the Borrower, threatened against the Company, the Borrower, any Qualified Borrower or any of their respective Subsidiaries, or any Property of any of them (i) challenging the validity or the enforceability of any of the Loan Documents, (ii) which will or is reasonably likely to result in a loss in excess of $30,000,000, or (iii) under the Racketeering Influenced and Corrupt Organizations Act or any similar federal or state statute where such Person is a defendant in a criminal indictment that provides for the forfeiture of assets to any Governmental Authority as a potential criminal penalty. There is no material loss contingency within the meaning of GAAP which has not been reflected in the consolidated financial statements of the Company and the Borrower. None of the Company, any General Partner, the Borrower, any Qualified Borrower or any Subsidiary of the Borrower is (A) in violation of any applicable Requirements of Law which violation will have or is reasonably likely to have a Material Adverse Effect, or (B) subject to or in default with respect to any final judgment, writ, injunction, restraining order or order of any nature, decree, rule or regulation of any court or Governmental Authority which will have or is reasonably likely to have a Material Adverse Effect.

  • Financial Statements; No Material Adverse Effect; No Internal Control Event (a) The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; (ii) fairly present the financial condition of the Company and its Subsidiaries as of the date thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; and (iii) show all material indebtedness and other liabilities, direct or contingent, of the Company and its Subsidiaries as of the date thereof, including liabilities for taxes, material commitments and Indebtedness.

  • Notice of Adverse Claims Except for the claims and interests of the Secured Party and the Lien Grantor in the Securities, the Issuer does not know of any claim to, or interest in, the Securities. If any person asserts any lien, encumbrance or adverse claim (including any writ, garnishment, judgment, attachment, execution or similar process) against the Securities, the Issuer will promptly notify the Secured Party and the Lien Grantor thereof.

  • Absence of Material Adverse Effect Since the date of this Agreement, there shall not have been any event, change or occurrence that, individually or in the aggregate, has had or would reasonably be expected to have a Company Material Adverse Effect.

  • Presentation of Potential Target Businesses The Company shall cause each of the Initial Shareholders to agree that, in order to minimize potential conflicts of interest which may arise from multiple affiliations, the Initial Shareholders will present to the Company for its consideration, prior to presentation to any other person or company, any suitable opportunity to acquire an operating business, until the earlier of the consummation by the Company of a Business Combination or the liquidation of the Company, subject to any pre-existing fiduciary obligations the Initial Shareholders might have.

  • Certification Regarding Prohibition of Certain Terrorist Organizations (Tex Gov. Code 2270) Vendor certifies that Vendor is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State. Does Vendor certify? 3 Yes

  • Notice of Default, Litigation and Material Adverse Effect Promptly, and in any event within three Business Days after any officer of the Borrower or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against the Borrower or any of its Subsidiaries (x) which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect or (y) with respect to any Document, or (iii) any other event, change or circumstance that has had, or could reasonably be expected to have, a Material Adverse Effect.

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