Common use of Cooperator Clause in Contracts

Cooperator. 5.1.1 Implement the restoration and management activities specified herein in compliance with all federal, state and local laws, including, but not limited to, physical delineation of the habitat area on the ground if and as deemed necessary by the ODFW or the Service. Cooperator will not proceed with any ground-disturbing habitat restoration activities until ODFW has obtained clearance from the Service that the project is in compliance with Section 6 of the National Historic Preservation Act. Archaeological investigations, surveys, excavations, or other associated activities may be required prior to starting ground-disturbing activities and should be considered during project planning. 5.1.2 Provide the Service and the ODFW with written notice six months (or, per Service approval, sufficient notice to move Oregon chub, if applicable) in advance of any planned activity that the ODFW or the Cooperator reasonably anticipates will result in "take" (i.e., death, injury, or other harm) of the Oregon chub, above the baseline conditions, on the Property, and provide the Service the opportunity to capture and/or relocate any potentially affected species, if appropriate. For situations involving the potential for bodily injury, loss of life, or significant property damage, the Cooperator may incidentally take species without prior notice. However, the Cooperator will provide notice to the Service and the ODFW as soon as practicable before or immediately following those actions. Post-action notice will not exceed 10 days. 5.1.3 Upon reasonable notice (minimum of 48 hours, unless the Cooperator agrees to less notification time), allow access to the Property by the Service, the ODFW, and their approved contractors, for purposes related to this Agreement, including, but not limited to, biological and compliance monitoring, technical assistance, baseline determinations, management actions, and capture and relocation of the Oregon chub. 5.1.4 Notify the Service and the ODFW of any transfer of ownership at least 60 calendar days prior to the intended transfer, so that the Service and/or the ODFW can attempt to contact the new owner, explain the baseline responsibilities applicable to the Enrolled Properties, and seek to interest the new owner in signing the existing Agreement or a new one to benefit listed species on the Property. 5.1.5 Report to the Service and the ODFW any dead, injured, or ill specimens of the Oregon chub observed on the Property within ten days of the observation. 5.1.6 Assist the ODFW in compiling an annual report on activities on the Property related to Oregon chub management and any activities that resulted in or may have resulted in incidental take of Oregon chub on the Property. 5.1.7 Consider adaptive management recommendations that the ODFW may present to the Cooperator. 5.1.8 Seek technical assistance from the ODFW on appropriate action if considering implementing Oregon chub habitat restoration activities not specified herein.

Cooperator. 5.1.1 Implement the restoration and management activities specified herein in compliance with all federal, state and local laws, including, but not limited to, physical delineation of the habitat area on the ground if and as deemed necessary by the ODFW or the Service. Cooperator will not proceed with any ground-disturbing habitat restoration activities until ODFW has obtained clearance from the Service that the project is in compliance with Section 6 of the National Historic Preservation Act. Archaeological investigations, surveys, excavations, or other associated activities may be required prior to starting ground-disturbing activities and should be considered during project planning. 5.1.2 Provide the Service and the ODFW with written notice six months (or, per Service approval, sufficient notice to move Oregon chub, if applicable) in advance of any planned activity that the ODFW or the Cooperator reasonably anticipates will result in "take" (i.e., death, injury, or other harm) of the Oregon chub, above the baseline conditions, on the Property, and provide the Service the opportunity to capture and/or relocate any potentially affected species, if appropriate. For situations involving the potential for bodily injury, loss of life, or significant property damage, the Cooperator may incidentally take species without prior notice. However, the Cooperator will provide notice to the Service and the ODFW as soon as practicable before or immediately following those actions. Post-action notice will not exceed 10 days. 5.1.3 Upon reasonable notice (minimum of 48 hours, unless the Cooperator agrees to less notification time), allow access to the Property by the Service, the ODFW, and their approved contractors, for purposes related to this Agreement, including, but not limited to, biological and compliance monitoring, technical assistance, baseline determinations, management actions, and capture and relocation of the Oregon chub. 5.1.4 Notify the Service and the ODFW of any transfer of ownership at least 60 calendar days prior to the intended transfer, so that the Service and/or the ODFW can attempt to contact the new owner, explain the baseline responsibilities applicable to the Enrolled Properties, and seek to interest the new owner in signing the existing Agreement or a new one to benefit listed species on the Property. 5.1.5 Report to the Service and the ODFW any dead, injured, or ill specimens of the Oregon chub observed on the Property within ten days of the observation. 5.1.6 Assist the ODFW in compiling an annual report on activities on the Property related to Oregon chub management and any activities that resulted in or may have resulted in incidental take of Oregon chub on the Property.the 5.1.7 Consider adaptive management recommendations that the ODFW may present to the Cooperator. 5.1.8 Seek technical assistance from the ODFW on appropriate action if considering implementing Oregon chub habitat restoration activities not specified herein.