ASSESSMENT OF ADVERSE EFFECTS Sample Clauses

ASSESSMENT OF ADVERSE EFFECTS. A. If historic properties are identified within an undertaking, the Authority shall assess adverse effects in accordance with 36 CFR 800.5 and distribute a Findings of Effect report (FOE) to the FRA for review, for each undertaking where historic properties were identified within the APE. The FOE shall describe the assessment of potential adverse effects to historic properties that would result from the construction or operation of the project, and identify mitigation measures that would eliminate or minimize effects to be incorporated into the design and construction documents of the undertaking. Following the FRA review and concurrence, the Authority shall distribute the FOEs to the signatories, and other consulting parties, including Native American tribes, identified as a result of Stipulations IV.C and V.B, who shall have a 30-day review and comment period. The Authority shall ensure that comments are considered prior to finalizing the FOE(s) for submission to the SHPO for final review and concurrence. The SHPO shall have an additional 30 days for review and concurrence with the final FOE(s).
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ASSESSMENT OF ADVERSE EFFECTS. The USACE shall evaluate the effect of the undertaking on each identified historic property in the APE, if present, in accordance with 36 CFR § 800.5(a)(1).
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ASSESSMENT OF ADVERSE EFFECTS. A. Archaeological Resources
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ASSESSMENT OF ADVERSE EFFECTS. This step requires the agency to determine whether the proposed federal undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualifies the property for inclusion in the National Register in a manner that would diminish the integrity of the property's location, design, setting, materials, workmanship, feeling, or association. This decision must be made in consultation with the SHPO/THPO and other consulting parties. If everyone agrees that there will be not adverse effects on the historic properties, then that is documented and the project proceeds. If a potential adverse effect is identified, the agency official must consult further to resolve the adverse effect under step 4.
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ASSESSMENT OF ADVERSE EFFECTS. A. TBC and FHWA, in coordination with the appropriate federal and state agencies including SHPO, shall make every reasonable effort to avoid or minimize adverse effect to historic properties when developing this Project.
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ASSESSMENT OF ADVERSE EFFECTS. A. If historic properties are identified within the APE for the NLX Project, MnDOT CRU shall assess adverse effects in accordance with 36 CFR 800.5 and document its assessment in the SR, providing it to FRA for review, for each undertaking where historic properties were identified within the APE. The SR shall describe the assessment of potential adverse effects to historic properties that would result from the construction or operation of the project, and identify mitigation measures that would eliminate or minimize effects to be incorporated into the design and construction documents of the NLX Project. Following FRA review and concurrence, MnDOT CRU shall distribute the SR to the signatories, and other consulting parties, including Native American tribes, identified as a result of Stipulations IV.C and V.B, who shall have a 30-day review and comment period. MnDOT CRU shall ensure that comments are considered prior to finalizing the SR for submission to the SHPO for final review and concurrence. The MnSHPO or WisSHPO shall have an additional 15 days for review and concurrence with the final SR.
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ASSESSMENT OF ADVERSE EFFECTS. A. SHPOs, as well as their sub-grantees or contractors, are expressly prohibited from knowingly using ESHPF funds to cause adverse effects as noted in their individual grant agreements (see Stipulation I), without the prior approval of NPS based on an analysis of alternatives.
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ASSESSMENT OF ADVERSE EFFECTS 
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Related to ASSESSMENT OF ADVERSE EFFECTS

  • 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:

  • 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.

  • 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 Material Adverse Effect The Company shall notify the Buyer (and any subsequent holder of the Debentures), as soon as practicable and in no event later than three (3) business days of the Company’s knowledge of any Material Adverse Effect on the Company. For purposes of the foregoing, “knowledge” means the earlier of the Company’s actual knowledge or the Company’s constructive knowledge upon due inquiry.

  • No Adverse Effect The acquisition by the Collateral Agent of the Receivables arising in the Additional Accounts shall not, in the reasonable belief of the Trust, result in an Adverse Effect;

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

  • 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.

  • Financial Statements; No Material Adverse Effect (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 Borrower 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 Borrower and its Subsidiaries as of the date thereof, including liabilities for taxes, material commitments and Indebtedness.

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