Imminent Harm Clause Samples

Imminent Harm. Purpose. If the Holder becomes aware of a prohibited activity that will destroy protected resources, the Holder cannot delay obtaining a court order to cease the activity. For example, if the violation is tree cutting, the trees will be gone by the time the cure period expires. • Consultation. On the other hand, Owners frequently want some kind of notice before they become responsible for Litigation Expenses incurred by the Holder based on an alleged violation. If that is an issue, the Holder can consider adding a statement to the effect that the Holder will endeavor to communicate or consult with Owners regarding the alleged violation prior to commencement of remedies. Do not use the words “notice” or “notify” because that will require written notice given in accordance with Article VI. Consulting or communicating with Owners can be accomplished via a telephone call.

Imminent Harm. No notice or cure period is required if circumstances require prompt action to prevent or mitigate irreparable harm or alteration to a natural resource or other feature of the Property described in the Conservation Objectives.

Imminent Harm. If We determine that Your use or actions are causing or likely to cause material and imminent damage to Us, to our infrastructure or to our ability to provide the Service, We may terminate this Agreement and/or or suspend Your access to the Service immediately without notice. We shall endeavor in subjective good faith to give You notice if We take this emergency action, and to restore the Services as soon as the issue that caused such suspension is resolved, in Our discretion.