h do not apply Clause Samples

h do not apply. Any consideration of alternatives shall be at the discretion of the permitting Water Board consistent with existing practices in place prior to May 28, 2020. The permitting Water Board remains responsible for determining that Caltrans has demonstrated that it has taken appropriate actions to avoid and minimize impacts to waters of the state, consistent with Procedures section IV.B.1. a. Caltrans Projects that Inherently Cannot Be Located in an Alternate Location‌‌‌ The Procedures establish the level of effort required for an alternatives analysis in three tiers based on the amount of impacts (both permanent and temporary) to waters of the state and the kind of water that is impacted. Any project that inherently cannot be located at an alternate location shall be considered a Tier 2 project (unless impacts qualify the project for a Tier 1 analysis or exemption). Tier 2 projects shall include an analysis of only on-site alternatives. For routine operation and maintenance of existing facilities, analysis of on-site alternatives is limited to operation and maintenance alternatives for the facility. Projects involving existing highways and roads may be considered limited by location and qualify as a Tier 2 project. Except as described below, a list of Caltrans project types that qualify for Tier 2 analysis based on location limitations is provided in Attachment 1. If a project type is not on the Attachment 1 list but meets the criteria for Tier 2, only an analysis of on-site alternatives would be necessary. Notwithstanding the list of project types in Attachment 1, the State Water Board Executive Director or Chief Deputy Director or Regional Board’s Executive Officer or Assistant Executive Officer may determine a project is not inherently limited by location on a case-by-case basis after notifying Caltrans in writing that the project has unique characteristics that warrant additional consideration.
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  • SERVICES NOT EXCLUSIVE/USE OF NAME Your (and a sub-adviser’s) services to the Fund(s) pursuant to this Agreement are not to be deemed to be exclusive, and it is understood that you (or a sub-adviser) may render investment advice, management and other services to others, including other registered investment companies, provided, however, that such other services and activities do not, during the term of this Agreement, interfere in a material manner, with your ability to meet all of your obligations with respect to rendering services to the Funds. The Trust and you acknowledge that all rights to the name “LoCorr” or any variation thereof belong to you, and that the Trust is being granted a limited license to use such words in any Fund name or in any class name. In the event you cease to be the adviser to a Fund, the Trust’s right to the use of the name “LoCorr” with respective to such Fund shall automatically cease on the 90th day following the termination of this Agreement. The right to the name may also be withdrawn by you during the term of this Agreement upon ninety (90) days’ written notice by you to the Trust. Nothing contained herein shall impair or diminish in any respect, your right to use the name “LoCorr” in the name of or in connection with any other business enterprises with which you are or may become associated. There is no charge to the Trust for the right to use this name.

  • Agreement Not Exclusive The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion.

  • Contract Rights Not Exclusive The rights to payment of Indemnifiable Amounts and advancement of Indemnifiable Expenses provided by this Agreement shall be in addition to, but not exclusive of, any other rights which Indemnitee may have at any time under applicable law, the Company’s Certificate of Incorporation or By-laws, or any other agreement, vote of stockholders or directors (or a committee of directors), or otherwise, both as to action in Indemnitee’s official capacity and as to action in any other capacity as a result of Indemnitee’s serving as a director or officer of the Company.

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  • Services Not Exclusive Nothing in this Agreement shall limit or restrict USBFS from providing services to other parties that are similar or identical to some or all of the services provided hereunder.