Common use of Consideration of Proposed Alternative Monitoring Program Clause in Contracts

Consideration of Proposed Alternative Monitoring Program. If a public agency with jurisdiction over the Project requires a monitoring program that differs from the program set out in Section 3.1 above, California American Water shall promptly provide written notice of such requirement to the other Parties, including a proposal to implement such program or a combination of such and some portion of the Agreed Monitoring Program (a “Proposed Alternative Monitoring Program”). The Parties shall consider, and upon the request of any Party, meet to discuss, whether the Proposed Alternative Monitoring Program is equally or more protective of natural resources within the Sanctuary than the Agreed Monitoring Program or otherwise a suitable substitute for the Agreed Monitoring Program, with consideration given to the frequency or accuracy of monitoring and data collection of the Proposed Alternative Monitoring Program. Within thirty (30) days following receipt of California American Water’s notice of the Proposed Alternative Monitoring Program, each Party may provide California American written notice of whether or not it approves the Proposed Alternative Monitoring Program. If every Party that responds to such notice informs California American Water that it approves the Proposed Alternative Monitoring Program, then such program shall be deemed the “Alternative Monitoring Program” that California American Water shall implement in lieu of the Agreed Monitoring Program. A Party that does not respond to California American Water’s notice within the time set out above shall be deemed to have approved the Proposed Alternative Monitoring Program. The Parties hereby agree that adoption of an Alternative Monitoring Program pursuant to this Section 3.2(a) or Section 3.2(b) below does not constitute an amendment to this Agreement, but that such Alternative Monitoring Program shall be enforceable as if it were set out herein.