Cumulative Impact Sample Clauses

Cumulative Impact. University is entitled to invoice Collaborator for its annual fee for CY21 according to the elected level, noting that the cumulative amounts for Sponsor status in Exhibit B are for three years of anticipated annual fees. Consequently, the annual fee for a given Sponsorship level is one-third of the “cumulative” amounts reflected in Exhibit B.
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Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.
Sample 1
Cumulative Impact. Two other tasks are currently being carried out under the OVFMP in the area of the Gorzyce commune: − “Vistula Stage 2 - Extension of the right embankment of the Vistula River at the distance of 13.959 km, the right embankment of the San River at the distance of 2.193 km and the left embankment of the Łęg river at the distance of 0.112 km, in the municipality of Gorzyce and the municipality of Radomyśl nad Sanem, Podkarpackie province” (Contract 3B.2 Flood protection of Tarnobrzeg City) is planned for implementation in the years of 2019- 2020. − “San III - extension of the left bank of the San River at km 0+000-4+445, the municipality of Gorzyce, Podkarpackie province” (Contract 3D.1 Program for the San. Passive protection in San basin) planned for implementation in 2020-2021. The implementation site of the Works Contract 3D.3 is adjacent to the area of the first one – “Vistula Stage 2 - Extension of the right embankment of the Vistula River at the distance of 13.959 km, the right embankment of the San River at the distance of 2.193 km and the left embankment of the Łęg river at the distance of 0.112 km, in the municipality of Gorzyce and the municipality of Radomyśl nad Sanem, Podkarpackie province”, and even directly connects with it in the northern part, in the initial section of both the left (km 0+082) and right bank (km 0+000) of the Łęg River. The information presented, inter alia, in the Environmental Management Plan as well as in the environmental decisions issued for the aforementioned projects, provides that it does not involve the occurrence of significant emissions or other significant impacts on the environment, the scale of which would result in the possibility of occurrence of significant threats to the abiotic or biotic environment, even if construction works for both Contracts are conducted at the same time. It can be concluded by analyzing the mitigation measures described in the EMP documents for both projects that if construction works are carried out in accordance with the conditions contained therein, there is no risk of significant cumulative negative impacts, even if both projects are implemented at the same time in two neighboring locations. It is expected that by the time the construction works on the extension of the embankment of the River Łęg are commenced, the works on the extension of the right bank of the Vistula river in the sections adjacent to the area of the analyzed project will be completed. The area of the project “S...
Sample 1
Cumulative Impact. Cumulative impact shall occur in case of implementing simultaneously Contract 3D.2/2 Expansion of the left and right embankment of the Biala River in the Tarnow Municipality and the City of Tarnow and Contract 3D.2/1 Construction of the right embankment of the Biała River in the City of Tarnów – to be implemented in the neighborhood, also under the OVFM Project. That impact shall only take place at the performance. The following may especially be accumulated: • Impact on acoustic climate; • Impact on the air. Those impacts – being tightly associated with the stage of extension for the embankments – cannot practically be eliminated. However, nuisance of those impacts shall be significantly limited due to fulfilment of obligations imposed onto the Investor in the ED. The use of embankments shall not cause accumulation of adverse impacts. 6 Description of mitigation measures In order to limit adverse impact of the planned Works Contract onto the environment, Appendix 1 to this EMP provides a list of mitigation measures, which shall be implemented prior to, during, and after completion of the construction works. Those measures have been developed based upon the conditions included in the following documents: • Environmental Impact Report for “Extension of the left embankment and of the right embankment of the Biała River in the City of Tarnów”. • Decision of the Regional Director for Environmental Protection in Cracow dated March 8, 2016, ref. no.: ST-I.4233.2.2015.MB, establishing environmental conditions for the Works Contract comprising extension of the left embankment and of the right embankment of the River Biała in the City of Tarnów. • World Bank policies: − OP/BP 4.01 – on environmental impact assessment, − OP/BP 4.04 – on natural habitats, − OP/BP 4.11 – on physical cultural resources. • Odra-Vistula Flood Management Project – Project Operations Manual, Wrocław 2015. • Odra-Vistula Flood Management Project – Environmental and Social Management Framework, Cracow 2015. They are associated with detailed guidelines for the Contractor and they need to be implemented prior to, during, and after completion of the Works Contract. A summary and general characteristics of the main categories of mitigation measures were provided below, including a breakdown into particular environmental components.
Sample 1
Cumulative Impact. Development of two small dry flood storage reservoirs Malinówka 1 and Malinówka 2, being subjects of this EMP, shall be done in a relatively small distance from the planned develop- ment sites for the other two dry reservoirs under Contract 3A.2 (i.e. Malinówka 3 Reservoir and Serafa 2 Reservoir), and in vicinity of the recently constructed Bieżanów (see e.g.: de- scription in Chapter 2). As informed in e.g. Environmental Management Plans under devel- opment for Works Contracts 3A.2/3 and 3A.2/4, and in the environmental decision issued for the aforementioned assignment (see: description in Chapter 3.5), development of any of those reservoir is associated with the occurrence of significant emission or other significant impact on the environment, scale of which would cause the possibility of significant impact on the abiotic environment or on the biotic environment, even in case of simultaneous perfor- xxxxx at four reservoirs under Contract 3A.2. Analysis of mitigation measures described in EMPs for the aforementioned Works Contracts concludes with a statement that in case of performing the construction works in conformity with the conditions contained therein there is no risk of significant adverse cumulative impact, even in case of developing four small dry flood storage reservoirs in the planned locations simultaneously. Similarly, in case of the op- erational stage for the developed cascade of small dry flood storage reservoirs in the Serafa River Basin it is not expected to face adverse impact on the environment due to potential accumulation of potential impact of each of the reservoirs.
Sample 1

Related to Cumulative Impact

  • Increased Costs and Reduced Return (a) If any Lender, any Agent or the L/C Issuer shall have determined that any Change in Law shall (i) subject such Agent, such Lender or the L/C Issuer, or any Person controlling such Agent, such Lender or the L/C Issuer to any tax, duty or other charge with respect to this Agreement or any Loan made by such Agent or such Lender or any Letter of Credit issued by the L/C Issuer, or change the basis of taxation of payments to such Agent, such Lender or the L/C Issuer or any Person controlling such Agent, such Lender or the L/C Issuer of any amounts payable hereunder (except for Indemnified Taxes and Excluded Taxes), (ii) impose, modify or deem applicable any reserve, special deposit or similar requirement against any Loan, any Letter of Credit or against assets of or held by, or deposits with or for the account of, or credit extended by, such Agent, such Lender or the L/C Issuer or any Person controlling such Agent, such Lender or the L/C Issuer or (iii) impose on such Agent, such Lender or the L/C Issuer or any Person controlling such Agent, such Lender or the L/C Issuer any other condition regarding this Agreement or any Loan or Letter of Credit, and the result of any event referred to in clauses (i), (ii) or (iii) above shall be to increase the cost to such Agent, such Lender or the L/C Issuer of making any Loan, issuing, guaranteeing or participating in any Letter of Credit, or agreeing to make any Loan or issue, guaranty or participate in any Letter of Credit, or to reduce any amount received or receivable by such Agent, such Lender or the L/C Issuer hereunder, then, upon demand by such Agent, such Lender or the L/C Issuer, the Borrowers shall pay to such Agent, such Lender or the L/C Issuer such additional amounts as will compensate such Agent, such Lender or the L/C Issuer for such increased costs or reductions in amount; provided, however, that notwithstanding anything to the contrary in this Section 2.10(a), it shall be a condition to a Lender’s or L/C Issuer’s exercise of its rights, if any, under this Section 2.10(a) that such Lender or L/C Issuer shall generally be exercising similar rights with respect to borrowers under similar agreements.

  • Maximum Annual Operating Expense Limit The Maximum Annual Operating Expense Limit with respect to each Fund shall be the amount specified in Schedule A based on a percentage of the average daily net assets of each Fund.

  • Severability; Maximum Payment Amounts If any provision of this Agreement is prohibited by law or otherwise determined to be invalid or unenforceable by a court of competent jurisdiction, the provision that would otherwise be prohibited, invalid or unenforceable shall be deemed amended to apply to the broadest extent that it would be valid and enforceable, and the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of this Agreement so long as this Agreement as so modified continues to express, without material change, the original intentions of the parties as to the subject matter hereof and the prohibited nature, invalidity or unenforceability of the provision(s) in question does not substantially impair the respective expectations or reciprocal obligations of the parties or the practical realization of the benefits that would otherwise be conferred upon the parties. The parties will endeavor in good faith negotiations to replace the prohibited, invalid or unenforceable provision(s) with a valid provision(s), the effect of which comes as close as possible to that of the prohibited, invalid or unenforceable provision(s). Notwithstanding anything to the contrary contained in this Agreement or any other Transaction Document (and without implication that the following is required or applicable), it is the intention of the parties that in no event shall amounts and value paid by the Company and/or any of its Subsidiaries (as the case may be), or payable to or received by any of the Buyers, under the Transaction Documents (including without limitation, any amounts that would be characterized as “interest” under applicable law) exceed amounts permitted under any applicable law. Accordingly, if any obligation to pay, payment made to any Buyer, or collection by any Buyer pursuant the Transaction Documents is finally judicially determined to be contrary to any such applicable law, such obligation to pay, payment or collection shall be deemed to have been made by mutual mistake of such Buyer, the Company and its Subsidiaries and such amount shall be deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by the applicable law. Such adjustment shall be effected, to the extent necessary, by reducing or refunding, at the option of such Buyer, the amount of interest or any other amounts which would constitute unlawful amounts required to be paid or actually paid to such Buyer under the Transaction Documents. For greater certainty, to the extent that any interest, charges, fees, expenses or other amounts required to be paid to or received by such Buyer under any of the Transaction Documents or related thereto are held to be within the meaning of “interest” or another applicable term to otherwise be violative of applicable law, such amounts shall be pro-rated over the period of time to which they relate.

  • Carry Forward to a Subsequent Year If you do not withdraw the excess contribution, you may carry forward the contribution for a subsequent tax year. To do so, you under-contribute for that tax year and carry the excess contribution amount forward to that year on your tax return. The six percent excess contribution penalty tax will be imposed on the excess amount for each year that it remains as an excess contribution at the end of the year. You must file IRS Form 5329 along with your income tax return to report and remit any additional taxes to the IRS.

  • Start-Up Costs 4.1.1 The Government of Ontario will provide:

  • Losses Under the Stated Threshold After the Shared Loss Payment Trigger is reached, not later than fifteen (15) days after the date on which the Receiver receives the Monthly Certificate, the Receiver shall pay to the Assuming Bank, in immediately available funds, an amount equal to eighty percent (80%) of the Monthly Shared-Loss Amount reported on the Monthly Certificate. If the total Monthly Shared-Loss Amount reported on the Monthly Certificate is a negative number, the Assuming Bank shall pay to the Receiver in immediately available funds eighty percent (80%) of that amount.

  • Increased Cost and Reduced Return; Capital Adequacy (a) If any Lender determines that as a result of the introduction of or any change in or in the interpretation of any Law, or such Lender's compliance therewith, there shall be any increase in the cost to such Lender of agreeing to make or making, funding or maintaining Eurodollar Rate Loans or (as the case may be) issuing or participating in Letters of Credit, or a reduction in the amount received or receivable by such Lender in connection with any of the foregoing (excluding for purposes of this subsection (a) any such increased costs or reduction in amount resulting from (i) Taxes or Other Taxes (as to which Section 3.01 shall govern), (ii) changes in the basis of taxation of overall net income or overall gross income by the United States or any foreign jurisdiction or any political subdivision of either thereof under the Laws of which such Lender is organized or has its Lending Office, and (iii) reserve requirements utilized, as to Eurodollar Rate Loans, in the determination of the Eurodollar Rate), then from time to time upon demand of such Lender (with a copy of such demand to the Administrative Agent), the Borrower shall pay to such Lender such additional amounts as will compensate such Lender for such increased cost or reduction.

  • Trigger Events The Employee shall be entitled to collect the severance benefits set forth in Subsection (b) hereof in the event that either (i) the Employee voluntarily terminates employment for any reason within the 30-day period beginning on the date of a Change in Control, (ii) the Employee voluntarily terminates employment within 90 days of an event that both occurs during the Protected Period and constitutes Good Reason, or (iii) the Bank or the Company or their successor(s) in interest terminate the Employee's employment without his written consent and for any reason other than Just Cause during the Protected Period.

  • Consolidated Excess Cash Flow If there shall be Consolidated Excess Cash Flow for any Fiscal Year beginning with the Fiscal Year ending December 31, 2018, the Borrowers shall, within ten Business Days of the date on which the Borrowers are required to deliver the financial statements of Holdings and its Restricted Subsidiaries pursuant to Section 5.1(b), prepay the Loans and/or certain other Obligations as set forth in Section 2.15(b) in an aggregate amount equal to (i) 50% of such Consolidated Excess Cash Flow minus (ii) voluntary prepayments of the Loans made during such Fiscal Year (excluding repayments of Revolving Loans or Swing Line Loans except to the extent the Revolving Credit Commitments are permanently reduced in connection with such repayments) paid from Internally Generated Cash (provided that such reduction as a result of prepayments made pursuant to Section 10.6(k) shall be limited to the actual amount of cash used to prepay principal of Term Loans (as opposed to the face amount thereof)); provided, if, as of the last day of the most recently ended Fiscal Year, the Consolidated Total Net Leverage Ratio (determined for such Fiscal Year by reference to the Compliance Certificate delivered pursuant to Section 5.1(c) calculating the Consolidated Total Net Leverage Ratio as of the last day of such Fiscal Year) shall be (A) less than or equal to 4.50:1.00 but greater than 4.00:1.00, the Borrowers shall only be required to make the prepayments and/or reductions otherwise required hereby in an amount equal to (1) 25% of such Consolidated Excess Cash Flow minus (2) voluntary repayments of the Loans made during such Fiscal Year (excluding repayments of Revolving Loans or Swing Line Loans except to the extent the Revolving Credit Commitments are permanently reduced in connection with such repayments) paid from Internally Generated Cash (provided that such reduction as a result of prepayments made pursuant to Section 10.6(k) shall be limited to the actual amount of cash used to prepay principal of Term Loans (as opposed to the face amount thereof)) and (B) less than or equal to 4.00:1.00, the Borrowers shall not be required to make the prepayments and/or reductions otherwise required by this Section 2.14(e).

  • Venue Limitation for TIPS Sales Vendor agrees that if any "Venue" provision is included in any TIPS Sale Agreement/contract between Vendor and a TIPS Member, that clause must provide that the "Venue" for any litigation or alternative dispute resolution shall be in the state and county where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a “Venue” clause that conflicts with these terms is rendered void and unenforceable.

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