Common use of Environmental Mitigation Plan Clause in Contracts

Environmental Mitigation Plan. Seller has provided as Exhibit F to this Agreement an Environmental Mitigation Plan. The Parties contemplate that the Environmental Mitigation Plan will evolve due to various factors, including, but not limited to, the consultation with the Consulting State agencies and technical working group participation described above, and through interactions with BOEM and other federal agencies during the federal review of the SAP and COP. Seller shall amend the Environmental Mitigation Plan from time to time to reflect such continuing consultation and processes and shall provide updated Environmental Mitigation Plans to NYSERDA. Seller may also amend the Environmental Mitigation Plan in ways that do not derive from consultation with state or federal agencies if (i) such amendment does not materially reduce Seller’s mitigation commitments in the Environmental Mitigation Plan, or (ii) NYSERDA consents in writing (such consent not to be unreasonably withheld, conditioned, or delayed). Updates to the Environmental Mitigation Plan shall be noted in the quarterly progress reports required by Section 6.02. Seller shall undertake all activities and perform all obligations described in the Environmental Mitigation Plan, as provided in Exhibit F and updated from time to time, unless excused by NYSERDA on the grounds that such activities or obligations are impractical in light of project objectives or unnecessary to protect environmental resources. In the case of any inconsistency between Exhibit F and the body of this Agreement, the body of this Agreement shall control.

Environmental Mitigation Plan. Seller has provided as Exhibit F to this Agreement an Environmental Mitigation Plan. The Parties contemplate that the Environmental Mitigation Plan will evolve due to various factors, including, but not limited to, the consultation with the Consulting State agencies Agencies and technical working group participation described above, and through interactions with BOEM and other federal agencies during the federal review of the SAP and COP. Seller shall amend the Environmental Mitigation Plan from time to time to reflect such continuing consultation and processes and shall provide updated Environmental Mitigation Plans to NYSERDA. Seller may also amend the Environmental Mitigation Plan in ways that do not derive from consultation with state or federal agencies if (i) such amendment does not materially reduce Seller’s mitigation commitments in the Environmental Mitigation Plan, or (ii) NYSERDA consents in writing (such consent not to be unreasonably withheld, conditioned, or delayed). Updates to the Environmental Mitigation Plan shall be noted in the quarterly progress reports required by Section 6.02. Seller shall undertake all activities and perform all obligations described in the Environmental Mitigation Plan, as provided in Exhibit F and updated from time to time, unless excused by NYSERDA on the grounds that such activities or obligations are impractical in light of project objectives or unnecessary to protect environmental resources. In the case of any inconsistency between Exhibit F and the body of this Agreement, the body of this Agreement shall control.

Environmental Mitigation Plan. Seller has provided as Exhibit F to this Agreement an Environmental Mitigation Plan. The Parties contemplate that the Environmental Mitigation Plan will evolve due to various factors, including, but not limited to, the consultation with the Consulting State agencies Agency Consultation and technical working group participation Technical Working Group Participation described above, and through interactions with BOEM and other federal agencies during the federal review of the SAP and COP. Seller shall amend the Environmental Mitigation Plan from time to time to reflect such continuing consultation and processes and shall provide updated Environmental Mitigation Plans to NYSERDA. Seller may also amend the Environmental Mitigation Plan in ways that do not derive from consultation with state or federal agencies if (i) such amendment does not materially reduce Seller’s mitigation commitments in the Environmental Mitigation Plan, or (ii) NYSERDA consents in writing (such consent not to be unreasonably withheld, conditioned, or delayed). Updates to the Environmental Mitigation Plan shall be noted in the quarterly progress reports required by Section 6.02. Seller shall undertake all activities and perform all obligations described in the Environmental Mitigation Plan, as provided in Exhibit F and updated from time to time, unless excused by NYSERDA on the grounds that such activities or obligations are impractical in light of project objectives or unnecessary to protect environmental resources. In the case of any inconsistency between Exhibit F and the body of this Agreement, the body of this Agreement shall control.