Exception Standard Clause Samples
The Exception Standard clause defines the specific circumstances under which a party is excused from fulfilling certain obligations outlined in the agreement. Typically, this clause details what constitutes an acceptable exception, such as force majeure events, regulatory changes, or other unforeseen situations that make performance impossible or impractical. By clearly outlining these exceptions, the clause helps allocate risk between the parties and ensures that both sides understand when non-performance is permissible, thereby reducing disputes and providing predictability in the contractual relationship.
Exception Standard. Proposals subject to management and regulation in this Section shall be declared to meet this Exception Standard and may be approved as appropriate only when the following criteria are met:
a. The need for all or part of the proposed Exception cannot be reasonably avoided through the efficient use and conservation of existing water supplies;
b. The Exception will be limited to quantities that are considered reasonable for the purposes for which it is proposed;
c. All Water Withdrawn shall be returned, either naturally or after use, to the Source Watershed less an allowance for Consumptive Use. No surface water or groundwater from the outside the Basin may be used to satisfy any portion of this criterion except if it:
i. Is part of a water supply or wastewater treatment system that combines water from inside and outside of the Basin;
ii. Is treated to meet applicable water quality discharge standards and to prevent the introduction of invasive species into the Basin;
d. The Exception will be implemented so as to ensure that it will result in no significant individual or cumulative adverse impacts to the quantity or quality of the Waters and Water Dependent Natural Resources of the Basin with consideration given to the potential Cumulative Impacts of any precedent-setting consequences associated with the Proposal;
e. The Exception will be implemented so as to incorporate Environmentally Sound and Economically Feasible Water Conservation Measures to minimize Water Withdrawals or Consumptive Use;
f. The Exception will be implemented so as to ensure that it is in compliance with all applicable municipal, State and federal laws as well as regional interstate and international agreements, including the Boundary Waters Treaty of 1909; and,
g. All other applicable criteria in Section 4.9 have also been met.
Exception Standard. Proposals subject to management and regulation in this Section shall be declared to meet this Exception Standard and may be approved as appropriate only when the following criteria are met: a. The need for all or part of the proposed Exception cannot be reasonably avoided through the efficient use and conservation of existing water supplies;