Common use of Assurances for Third Party Participants Clause in Contracts

Assurances for Third Party Participants. Pursuant to the “No Surprises” regulations described below at Section 15.2.2, in the event of a finding of Unforeseen Circumstances, the USFWS cannot require the commitment of additional land, water or financial compensation without the consent of the affected Permittee or Third Party Participant. Likewise, as set forth below in Section 15.3.2, CDFG shall not require any Permittee or Third Party Participant to provide, without its consent, additional land, water or financial compensation, or additional restrictions on the use of land, water, or other natural resources, for the purpose of conserving Covered Species with respect to Covered Activities, even in the event of Unforeseen Circumstances, provided the Permittees are properly implementing this Agreement, the HCP/NCCP and the terms and conditions of the State Permit. The Permittees will not impose on any Third Party Participants any mitigation, compensation, or other requirement in excess of those required by this Agreement, the HCP/NCCP and the Permits, for the impacts of Covered Activities on Covered Species without the consent of the Third Party Participant. Nothing in this Agreement shall preclude the Permittees from imposing on Third Party Participants any mitigation, compensation, or other requirements in excess of those required by this Agreement, the HCP/NCCP and the Permits for impacts other than impacts of Covered Activities on Covered Species. Such other impacts may include, but are not limited to, impacts on parks, recreational facilities, and agriculture.

Assurances for Third Party Participants. Pursuant to the “No Surprises” regulations described below at in Agreement Section 15.2.212.1, in the event of a finding of Unforeseen Circumstances, the USFWS cannot require the commitment of additional land, water or financial compensation without the consent of the affected Permittee or Third Party Participant, provided that the Permittees have complied with their obligations under the Federal Permit. Likewise, as set forth below provided in Agreement Section 15.3.212.2, CDFG shall CDFW will not require any Permittee or Third Party Participant to provide, without its consent, additional land, water or financial compensation, or additional restrictions on the use of land, water, or other natural resources, for the purpose of conserving Covered Species with respect to Covered Activities, even in the event of Unforeseen Circumstances, provided the Permittees are properly implementing the State Permit, the Yolo HCP/NCCP, and this Agreement. If there are Unforeseen Circumstances, additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources will not be required of a Third Party Participant without its consent for the term of this Agreement, unless CDFW determines that the Yolo HCP/NCCP and is not being implemented consistent with the substantive terms and conditions of the State Permit. The Permittees will not impose on any Third Party Participants any mitigation, compensationthe Plan, or other requirement in excess of those required by and this Agreement, the HCP/NCCP and the Permits, for the impacts of Covered Activities on Covered Species without the consent of the Third Party Participant. Nothing in this Agreement shall will preclude the Permittees from imposing on Third Party Participants any mitigation, compensation, or other requirements in excess of those required by this Agreement, the HCP/NCCP and the Permits for impacts other than impacts of Covered Activities on Covered Species. Such other impacts may include, but are not limited to, impacts on parks, recreational facilities, and agriculture.

Assurances for Third Party Participants. ‌ Pursuant to the “No Surprises” regulations described below at in Agreement Section 15.2.212.1, in the event of a finding of Unforeseen Circumstances, the USFWS cannot require the commitment of additional land, water or financial compensation without the consent of the affected Permittee or Third Party Participant, provided that the Permittees have complied with their obligations under the Federal Permit. Likewise, as set forth below provided in Agreement Section 15.3.212.2, CDFG shall CDFW will not require any Permittee or Third Party Participant to provide, without its consent, additional land, water or financial compensation, or additional restrictions on the use of land, water, or other natural resources, for the purpose of conserving Covered Species with respect to Covered Activities, even in the event of Unforeseen Circumstances, provided the Permittees are properly implementing the State Permit, the Yolo HCP/NCCP, and this Agreement. If there are Unforeseen Circumstances, additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources will not be required of a Third Party Participant without its consent for the term of this Agreement, unless CDFW determines that the Yolo HCP/NCCP and is not being implemented consistent with the substantive terms and conditions of the State Permit. The Permittees will not impose on any Third Party Participants any mitigation, compensationthe Plan, or other requirement in excess of those required by and this Agreement, the HCP/NCCP and the Permits, for the impacts of Covered Activities on Covered Species without the consent of the Third Party Participant. Nothing in this Agreement shall will preclude the Permittees from imposing on Third Party Participants any mitigation, compensation, or other requirements in excess of those required by this Agreement, the HCP/NCCP and the Permits for impacts other than impacts of Covered Activities on Covered Species. Such other impacts may include, but are not limited to, impacts on parks, recreational facilities, and agriculture.