Common use of Effect of Early Surrender Clause in Contracts

Effect of Early Surrender. Upon the relevant Plan Permittee(s)’ surrender of the Permit in accordance with Section 6.3, no further Take by relevant Plan Permittee(s) or any entity or individual for which a Development Authorization has been issued by that Plan Permittee(s) shall be authorized under the terms of the Permit. Notwithstanding early surrender of the Permit, the relevant Plan Permittees shall implement each of the post-termination mitigation and minimization measures identified by USFWS in their written notice under Section 6.3, for any incidental Take of a Covered Species resulting from Covered Activities carried out in accordance with the Permit prior to the date of surrender, provided, however, that the post-termination mitigation and minimization measures identified by USFWS are subject to the voluntary dispute resolution procedure outlined in Section 14.2 herein. USFWS will only cancel the Permit upon determination that all applicable post-termination mitigation and minimization measures have been implemented. If prior to termination of the Permit, USFWS has approved the transfer of a portion of the Permit in accordance with all applicable statutory and regulatory requirements, then the transferred portion of the Permit shall remain in effect notwithstanding termination of the remaining portion.

Effect of Early Surrender. Upon the relevant Plan Permittee(s)’ surrender of the Permit in accordance with Section 6.3, no further Take by relevant Plan Permittee(s) or any entity or individual for which a Development Authorization has been issued by that Plan Permittee(s) shall be authorized under the terms of the Permit. Notwithstanding early surrender of the Permit, the relevant Plan Permittees shall implement each of the post-termination mitigation and minimization measures identified by USFWS in their written notice under Section 6.3, for any incidental Take of a Covered Species resulting from Covered Activities carried out in accordance with the Permit prior to the date of surrender, provided, however, that the post-termination mitigation and minimization measures identified by USFWS are subject to the voluntary dispute resolution procedure outlined in Section 14.2 herein. USFWS will only cancel the Permit upon determination that all applicable post-termination mitigation and minimization measures have been implemented. If prior to termination of the Permit, USFWS has approved the transfer of a portion of the Permit in accordance with all applicable statutory and regulatory requirements, then the transferred portion of the Permit shall remain in effect notwithstanding termination of the remaining portion.