FIRST INCREMENT Clause Samples

FIRST INCREMENT. DOI and the states commit to achieving the following goals by the end of the first increment of the Program: (1) improving the occurrence of Platte River flows in the associated habitats relative to the present occurrence of target flows (hereinafter referred to as Areducing shortages to the target 3 See FWS, Instream Flow Recommendations for the Central Platte River (May 23, 1994) and FWS, Pulse Flow Requirements for the Central Platte River (August 3, 1994) for flow targets. The states have not agreed that these target flows are biologically or hydrologically flows@) by an average of 130,000 to 150,000 acre-feet per year as measured at Grand Island, through reregulation and water conservation/supply projects. DOI and the states agree that FWS= target flows are subject to adaptive management and peer review and may be modified by FWS accordingly. DOI and the states have agreed, however, that during the first increment, target flows may serve as an initial reference point for determining periods of excess and shortage in the operation of Program reregulation and water conservation/supply projects. (2) protecting and, where appropriate, restoring at least 10,000 acres of habitat in the Central Platte River area in habitat complexes located between Lexington and ▇▇▇▇▇▇▇, Nebraska. The Governance Committee may, through the adaptive management process, agree to undertake, fund or give credit for activities outside this area with the intent to focus activities to create the greatest biological benefit to the target species.
FIRST INCREMENT. The first increment must be earned through study.
FIRST INCREMENT. If the building permit for the First Increment is issued at any time prior to January 1, 2001, the First Increment shall be Substantially Complete no later than the first anniversary of the date the building permit is issued. If the building permit for the First Increment is issued at any time on or after January 1, 2001 but before March 1, 2001, the First Increment shall be Substantially Complete no later than December 31, 2001. If the building permit for the First Increment is issued at any time on or after March 1, 2001, the First Increment shall be Substantially Complete no later than ten full months after the date the building permit was issued. The applicable date by which the First Increment shall be Substantially Complete, as set forth in this Section 6.5(a), is referred to in this Lease as the "FIRST INCREMENT SCHEDULED COMPLETION DATE."
FIRST INCREMENT. The first increment of the Deposit shall be non-refundable when paid to Seller and Seller shall be entitled to retain same if this Agreement is terminated for any reason except: (1) In the event of a breach of this Agreement by Seller, (2) The failure of a condition to the Close of Escrow in favor of Buyer, or (3) As expressly provided in Section 3.3(a), Section 6.2(b), Section 9.1(c), Section 13.1, Section 13.2, or elsewhere in this Agreement. If at any time this Agreement is terminated due to a breach of this Agreement by Seller, or the failure of a condition to the Close of Escrow in favor of Buyer, or pursuant to any of the sections of this Agreement referenced in the immediately preceding sentence, Seller shall promptly repay the first increment of the Deposit to Buyer.