Determination of Functionality Sample Clauses

Determination of Functionality. After completing any Final Test Report required under Section 4.8 of this Agreement, the Licensees shall submit the Final Test Report to NMFS for its determination of whether any functional start-up testing required by the Approved Habitat Expansion Plan, as may be further described in or modified by the Final Design and Permitting Report, has been performed and whether such testing demonstrates that all element(s) of the habitat expansion action(s) relevant to the functional start-up testing are functional. The Licensees also shall distribute the Final Test Report to the other Parties and directly affected and responsive third parties, for information only. After receiving the Final Test Report, NMFS shall have 90 days to provide the Parties with written Notice of its functionality determination. Such 90- day period shall be reasonably extended for good cause or if NMFS solicits additional information from the Licensees that is necessary and appropriate for NMFS to determine whether all element(s) of the habitat expansion action(s) relevant to the functional start-up testing are functional. After receiving any additional information necessary and appropriate for it to issue its determination under this Section 4.9, NMFS shall have 90 days to provide the Parties with written Notice of its functionality determination. If NMFS’ determination concludes that any element(s) of the habitat expansion action(s) relevant to the functional start-up testing are not functional, the written Notice shall specifically identify such non-functional element(s). In such case, the Licensees shall have a reasonable opportunity to assess all elements associated with the habitat expansion action(s), complete any repairs or replacement, as necessary, and prepare a modified Final Test Report to be submitted to NMFS for its functionality determination, pursuant to the procedures of this Section 4.9. If NMFS does not meet any of the deadlines established under this Section 4.9 or seek an extension of time prior to the expiration thereof, the Licensees shall provide Notice to NMFS, which Notice shall indicate that the element(s) of the habitat expansion action(s) relevant to the functional start-up testing shall be deemed to be functional unless NMFS issues its functional determination, requests additional information, or seeks an extension of time, as appropriate, within 30 days after the date the Licensees’ Notice is effective, pursuant to Section 16.11 of this Agreement. If NMFS c...
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Determination of Functionality. SECTION 5: TIMEFRAMES ............................................................................................. SECTION 6: LICENSEE OBLIGATIONS..........................................................................
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