Early Extension of Take Authorization Sample Clauses

Early Extension of Take Authorization. A project proponent may receive an early (i.e., before issuance of a grading permit or first construction permit) extension of Take authorization from a Permittee by paying all HCP/NCCP related fees that apply to the proposed project, or by providing land in lieu of some or all fees as described in Section 13.2.2.2, and by agreeing in writing to all other applicable terms and conditions of this Agreement, the HCP/NCCP, and the Permits upon, or at any time after, the Permittee’s approval of the project. Upon receiving such Take authorization, the project proponent shall become a Third Party Participant and Take resulting from the project shall be authorized under the Permits. The Implementing Entity may, by written notice to the Permittees, suspend early extensions of take authorization if it determines such extensions are hindering its ability to implement or administer the HCP/NCCP (for example, by accumulating fee revenues faster than they can be spent, thereby diminishing the value of these funds in the likely event that costs continually increase). Any such prohibition by the Implementing Entity shall apply to subsequent early extensions of Take authorization only and shall not apply retroactively, where fees or in-lieu land dedications were made before the prohibition is communicated in writing to the other Permittees. A project proponent seeking an early extension of Take authorization shall be required to pay the fees at the rates in effect for the calendar year in which the project proponent pays them, including any subsequent fee adjustments that occur during that calendar year (for example, after March 15 under the automatic fee adjustment or after a periodic audit). This calendar-year adjustment applies only to early extensions of Take authorization, and shall not apply to payments that coincide with a grading permit or first construction permit so long as that grading permit or first construction permit is issued before the calendar-year adjustment occurs. The project proponent shall not have to provide any supplemental payment for fee increases in subsequent calendar year(s), even if such increases occur before the grading permit or first construction permit is issued for the project. Unless otherwise mutually agreed upon by the Permittee, Implementing Entity, and the Wildlife Agencies, the fees may not be paid for and Take authorization may not be extended to a particular project until the Permittee has approved a tentative subdivision map or...
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Early Extension of Take Authorization. A Third Party Participant may receive an early extension of take authorization from either one of the three Permittees (i.e., before issuance of a grading permit or first construction permit) by paying all SLCHCP-related fees that apply to the Third Party Participant’s proposed activity and by agreeing in writing to all other applicable terms and conditions of this Agreement, the SLCHCP, and the Permits upon, or at any time after, the Permittee’s approval of the Third Party Participant’s activity. Third Party Participants seeking take authorization must sign a Participation Agreement with the Permitted entity to receive such take authorization under the applicable Permit. A Permittee may suspend future early extensions of take authorization if it determines such extensions are hindering its ability to implement or administer the SLCHCP (for example, if fee revenues are being accumulated faster than they can be spent, thereby diminishing the value of these funds in the likely event that costs continually increase or if mitigation is not keeping up with habitat disturbance). A proposed Third Party Participant seeking an early extension of take authorization shall be required to pay the applicable mitigation fees. Unless otherwise agreed by USFWS and the applicable Permittee, where the proposed activity requires a tentative subdivision map or similarly detailed approval, the fees may not be paid for and early take authorization may not be extended to a particular proposed activity until the Permittee has approved such tentative subdivision map or similarly detailed activity plan.
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Related to Early Extension of Take Authorization

  • Exceptions and Extension of Payment Due Date NYSERDA has determined that, notwithstanding the provisions of Sections 504.3 and 504.4 of this Exhibit, any of the following facts or circumstances, which may occur concurrently or consecutively, reasonably justify extension of the Payment Due Date:

  • Extension of Agreement Prior to the original expiration date of this Agreement, the Parties mutually agree to extend this Agreement to the February 15 extension date identified in Paragraph VIII(A). The Parties acknowledge that no further extensions of this Agreement are authorized. Xxxxxxxxx has hereunto signed on this Day of , 20 . Landowner(s): The Secretary of the Department of Agriculture, acting and through his or her authorized representative has executed this Contract on behalf of the United States of America on this Day of , 20 . THE UNITED STATES OF AMERICA BY: NONDISCRIMINATION STATEMENT The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 0 (000) 000-0000 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 0000 Xxxxxxxxxxxx Xxxxxx, XX., Xxxxxxxxxx, XX 00000-0000 or call (000) 000-0000 (voice) or (000) 000-0000 (TDD). USDA is an equal opportunity provider and employer. PRIVACY ACT STATEMENT

  • Conditions Precedent to Each Extension of Credit Before any extension of credit governed by this agreement, whether by disbursement of a loan, issuance of a letter of credit or otherwise, the following conditions must be satisfied:

  • Modification, Extension and Renewal of Options The Board or a duly appointed committee thereof, may modify, extend or renew this Option or accept the surrender thereof (to the extent not theretofore exercised) and authorize the granting of a new option in substitution therefore (to the extent not theretofore exercised), subject at all times to the Code and applicable securities laws. Notwithstanding the foregoing provisions of this Section 12, no modification shall, without the consent of the Recipient, alter to the Recipient’s detriment or impair any rights of Recipient hereunder.

  • Conditions Precedent to Initial Extension of Credit The obligation of each Lender to make an Advance or of any Issuing Bank to issue a Letter of Credit on the occasion of the Initial Extension of Credit hereunder is subject to the satisfaction of the following conditions precedent before or concurrently with the Initial Extension of Credit:

  • Conditions Precedent to all Extensions of Credit The obligation of the Lender Group (or any member thereof) to make any Revolving Loans hereunder (or to extend any other credit hereunder) at any time shall be subject to the following conditions precedent:

  • Expiration and Extension of the Offer The Offer shall initially be scheduled to expire at one minute following 11:59 p.m., Eastern Time, on the 20th business day following the Offer Commencement Date, determined as set forth in Rule 14d-1(g)(3) and Rule 14e-1(a) under the Exchange Act (unless otherwise agreed to in writing by Parent and the Company) (such date or such subsequent date to which the expiration of the Offer is extended in accordance with the terms of this Agreement, the “Expiration Date”). Subject to the Parties’ respective termination rights under Section 8.1: (i) if, as of the scheduled Expiration Date, any Offer Condition is not satisfied and has not been waived, Purchaser may, in its discretion (and without the consent of the Company or any other Person), extend the Offer on one or more occasions, for an additional period of up to ten business days per extension, to permit such Offer Condition to be satisfied; (ii) Purchaser shall extend the Offer from time to time for: (A) any period required by any Legal Requirement, any interpretation or position of the SEC, the staff thereof or Nasdaq applicable to the Offer; and (B) periods of up to ten business days per extension, until the Regulatory Condition has been satisfied; and (iii) if, as of the scheduled Expiration Date, any Offer Condition is not satisfied and has not been waived, Purchaser shall, at the request of the Company, extend the Offer on one or more occasions for an additional period of up to ten business days per extension, to permit such Offer Condition to be satisfied; provided, that in no event shall Purchaser: (1) be required to extend the Offer beyond the earlier to occur of (the “Extension Deadline”) (x) the valid termination of this Agreement in accordance with Section 8.1 and (y) the first business day immediately following the End Date; or (2) be permitted to extend the Offer beyond the Extension Deadline without the prior written consent of the Company. Purchaser shall not terminate the Offer prior to any scheduled Expiration Date without the prior written consent of the Company except in the event that this Agreement is terminated in accordance with Section 8.1.

  • Amendment, Extension and Waiver Subject to applicable law, at any time prior to the consummation of the transactions contemplated by this Agreement, the parties may (a) amend this Agreement, (b) extend the time for the performance of any of the obligations or other acts of either party hereto, (c) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto, or (d) waive compliance with any of the agreements or conditions contained in Articles V and VI hereof or otherwise; provided, however, that after any approval of the transactions contemplated by this Agreement by Innes Street's shareholders, there may not be, without further approval of such shareholders, any amendment of this Agreement which reduces the amount or changes the form of the consideration to be delivered to Innes Street shareholders hereunder other than as contemplated by this Agreement. This Agreement may not be amended except by an instrument in writing authorized by the respective Boards of Directors and signed, by duly authorized officers, on behalf of the parties hereto. Any agreement on the part of a party hereto to any extension or waiver shall be valid only if set forth in an instrument in writing signed by a duly authorized officer on behalf of such party, but such waiver or failure to insist on strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

  • MODIFICATION BY SUBSEQUENT AGREEMENT This Agreement may be modified by subsequent agreement of the Couple only by an instrument in writing signed by both of them, an oral agreement to the extent that the Couple executes it, or an in-court oral agreement made into an order by a court of competent jurisdiction.

  • Termination of the Lease In terminating the Lease, the following procedures shall be followed by the Authority and Tenant:

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