Biocides Sample Clauses

Biocides. Products used in biocidal applications are subject to testing, registration and unique labelling requirements and export, import and transfer restrictions under the laws in many geographic territories worldwide, including (but not limited to) in the EU Member States, the US and states within the US. If a Product is not registered and labelled as a biocide by Seller, it may require additional testing, registration or labelling to be used in biocidal applications in accordance with applicable law. Accordingly, Product which is not sold to Buyer as a registered and labelled biocide is not allowed to be used in those biocide applications requiring testing, registration or labelling under the law of the territory where such Product is used, and Buyer undertakes not to sell, knowingly permit the sale of, or use the Product in such applications in such territory. If the Product sold to Buyer is registered and labelled as a biocide, Buyer undertakes (i) to use, sell, and knowingly permit the sale and use of, the Product in accordance with the required registration and its label only, and (ii) to inform Seller at the time of purchase of any potential export or transfer of the Product by Buyer or its customer outside the territory or state where the Product is delivered by Seller or where Seller was last informed that the Product was to be sold or used to permit any required testing, registration or additional labelling for such use in such territory or state.

Biocides. Herbicides, pesticides, fungicides, biocides and defoliants (collectively, “Biocides”) may be used to manage and/or control county, state or federally- designated noxious weeds, invasive plants and/or invasive woody species, state approved list of invasive alien plant species or animals or, if such list ceases to be published, a similar list promulgated by the state or the federal government, which TNC shall notify, within thirty (30) days of such list being released to the public, the County is the list that shall be binding on the County for purposes of this section, non-native plants, pathogens, or pests on the Leased Property, for forestry, landscaping, and habitat preservation uses using accepted habitat management and/or forestry practices, provided the use of such Biocides is designed to minimize the impact on the Conservation Values of the Leased Property. Any Biocide use as described in this Paragraph shall be: (i) in compliance with all applicable federal, state, and local statutes and regulations, (ii) in those amounts and with a frequency of application that constitutes the minimum necessary for control; (iii) applied consistent with label instructions, and (iv) consistent with the Conservation Values as determined by TNC. Notwithstanding the foregoing, there shall be no indiscriminate broadcast spraying of Biocides. Without the prior written approval of TNC, Biocides may be used by targeted applications (including by gun or boom nozzles) only. Broadcast spraying of Biocides, including aerial applications, may be permitted with prior written approval by TNC, provided that, at a minimum, the following conditions are met: (a) targeted treatment is not practical because of the severity of the infestation or infection; (b) timing of application is scheduled to minimize damage to non-target species; and (c) type of Biocide used has the least impact to non-target species while still being effective in controlling target species or pathogens. TNC shall have sole and absolute discretion in granting or denying broadcast spraying of Biocides.