LANDOWNER ASSURANCES Sample Clauses

LANDOWNER ASSURANCES. Through this SHA, FWS provides the Applicants assurances that if additional conservation measures are deemed necessary, FWS may request such measures, but only if they are limited to modifications within the enrolled property, if any, for the covered species and these measures maintain the original terms of the SHA to the maximum extent possible. Additional conservation measures are voluntary on the part of the Applicants and will not involve the commitment of additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources otherwise available for development or use under the original terms of the SHA without the consent of the Applicants from whom such a commitment is sought or to whom such restrictions would be applicable. Failure of the Applicants to perform additional conservation measures requested by FWS will not constitute a breach of this SHA or result in any liability under the ESA. These assurances allow the Applicants to alter or modify their enrolled property, even if such alteration or modification results in the incidental take of the covered species consistent with the SHA and the IA and each Applicant’s permit. These assurances depend on compliance with the obligations in this SHA and in the Permit by Applicants. Further, the assurances apply only to this SHA, only if the SHA is being properly implemented by the Applicants and only with respect to the covered species.
Sample 1Sample 2
AutoNDA by SimpleDocs
LANDOWNER ASSURANCES. Through this Safe Harbor Agreement, USFWS provides Weyerhaeuser with assurances that the USFWS may not require additional or different management activities to be undertaken by Weyerhaeuser without the future consent of Weyerhaeuser. If USFWS finds that additional or different conservation measures may be necessary, USFWS may request that Weyerhaeuser agree to such measures, but only if they are limited to modifications within the enrolled lands, if any, for the covered species and these measures maintain the original terms of the Safe Harbor Agreement. Further, any such additional conservation measures are still subject to agreement from Weyerhaeuser. Further, the USFWS and Weyerhaeuser may agree to revise or modify the management measures set forth in a Safe Harbor Agreement if the USFWS determines that such revisions or modifications do not change the prior determination that the Safe Harbor Agreement is reasonably expected to provide a net conservation benefit to the listed species, or result in additional incidental take. These assurances allow Weyerhaeuser to alter or modify their enrolled lands, even if such alteration or modification results in the authorized incidental take of the covered species consistent with the Safe Harbor Agreement and permit. These assurances depend on compliance with the obligations in the Safe Harbor Agreement and in the permit. The assurances provided herein apply only to this Safe Harbor Agreement, only if the Safe Harbor Agreement is being properly implemented by Weyerhaeuser, and only with respect to the covered species.
Sample 1
LANDOWNER ASSURANCES. Through this Agreement, the Service provides the Permittee assurances that if additional conservation and mitigation measures are deemed necessary, the Service may require additional measures of the Permittee, but only if such measures are limited to modifications within the covered areas for the affected species and maintains the original terms of the Agreement to the maximum extent practicable. Additional conservation and mitigation measures will not involve the commitment of additional land, water, or financial compensation, or additional restrictions on the use of land, water, or other natural resources otherwise available for use under the original terms of the Agreement without the consent of the Permittee. These assurances allow the Permittee to alter or modify the enrolled property, even if such alteration or modification results in the incidental take of covered species to such an extent that the take returns the enrolled lands to the original baseline conditions. Such assurances may apply to the entire enrolled property or to portions of the enrolled property as designated or otherwise specified in this Agreement. These assurances depend on the Permittee compliance with the obligations in this Agreement and in the associated Section (10)(a)(1)(A) permit. Further, the assurances apply only to this Agreement, only if the Agreement is being properly implemented, and only with respect to the species covered by the Agreement and its associated permit.
Sample 1
LANDOWNER ASSURANCES. In exchange for the benefits to the City in the preceding Recitals, together with the other public benefits that will result from the development of the Property, Landowner will receive by this Agreement assurance that it may proceed with the Project in accordance with the Project Approvals, and therefore, desires to enter into this Agreement.
Sample 1
LANDOWNER ASSURANCES. Through this Agreement, the Service provides Georgia Power assurances that if the robust redhorse is listed under the ESA and the Agreement has been implemented in good faith by Georgia Power, the Service will not require additional conservation measures nor impose additional land, water, or resource use restrictions beyond those Georgia Power voluntarily committed to under the terms of the original Agreement. Georgia Power requested and is hereby granted the following additional assurance that is specific to its needs: The Service will not impose or require Georgia Power to alter its operation of Xxxxx Xxxxxx Dam for the benefit of the robust redhorse for the duration of this Agreement, including alteration of the flow regime specified in the FERC license. These assurances will be authorized through issuance of an enhancement of survival permit under section 10(a)(1)(A) of the ESA, which will authorize incidental take of robust redhorse consistent with the terms of the Agreement. The Permit is incorporated as Appendix III of this Agreement and will become effective on the date that the robust redhorse is listed as threatened or endangered or in some other manner becomes subject to the ESA in the future. At that date, Georgia Power will be authorized take of robust redhorse in conjunction with implementation of the Conservation Actions specified in the Agreement. The take is expected to be in the form of mortality, harm, and harassment associated with reintroducing, surveying, and monitoring released individuals and their offspring. The Service has determined that this level of take will not jeopardize the species’ continued existence. The Permit will not be revoked for any reason except those set forth in 50 CFR 13.28(a)(1-4) or unless continuation of the permitted activity would be inconsistent with the criterion set forth in 50 CFR 17.22(d)(2)(iii) and the inconsistency has not been remedied in a timely fashion. The assurances provided apply only to the robust redhorse inasmuch as the Agreement is being properly implemented. The assurances provided shall in no way limit the Service’s retention of its obligations and authorities for consultation under section 7(a)(2) of the Endangered Species Act relative to future FERC relicensing activities at Xxxxx Xxxxxx Dam or other Federal actions that may occur within the Project Site that may affect the robust redhorse or other listed, proposed, or candidate species. The Parties agree and understand that entering...
Sample 1

Related to LANDOWNER ASSURANCES

  • Other Assurances Prior to each Settlement Date and Time of Delivery, as applicable, the Company shall have furnished to the Manager such further information, certificates and documents as the Manager may reasonably request. If any of the conditions specified in this Section 6 shall not have been fulfilled when and as provided in this Agreement, or if any of the opinions and certificates mentioned above or elsewhere in this Agreement shall not be reasonably satisfactory in form and substance to the Manager and counsel for the Manager, this Agreement and all obligations of the Manager hereunder may be canceled at, or at any time prior to, any Settlement Date or Time of Delivery, as applicable, by the Manager. Notice of such cancellation shall be given to the Company in writing or by telephone and confirmed in writing by electronic mail. The documents required to be delivered by this Section 6 shall be delivered to the office of Xxxxxxxx Xxxxxxxx & Schole LLP, counsel for the Manager, at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, email: xxxxxxx@xxxxxx.xxx, on each such date as provided in this Agreement.

  • Further Assurances and Corrective Instruments Issuer and Company agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for carrying out the intention of or facilitating the performance of this Agreement.

  • Further Assurances; Cooperation Each party shall, upon reasonable request by the other party, execute and deliver any additional documents necessary or desirable to complete the transactions herein pursuant to and in the manner contemplated by this Agreement. The parties hereto agree to cooperate and use their respective best efforts to consummate the transactions contemplated by this Agreement.

  • Further Assurances Each party shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the other party may reasonably request in order to carry out the intent and accomplish the purposes of this Agreement and the consummation of the transactions contemplated hereby.

  • Future Assurances Each of the Assignor and the Assignee mutually agrees to cooperate at all times from and after the date hereof with respect to any of the matters described herein, and to execute such further deeds, bills of sale, assignments, releases, assumptions, notifications or other documents as may be reasonably requested for the purpose of giving effect to, evidencing or giving notice of the assignment evidenced hereby.

  • Further Assurances and Cooperation Each Party agrees to execute and deliver such other documents and to take all such other actions as the other Parties may reasonably request to effect the terms of this Agreement.

  • Further Assurances; Post-Closing Cooperation At any time or from time to time after the Closing, the parties shall execute and deliver to the other party such other documents and instruments, provide such materials and information and take such other actions as the other party may reasonably request to consummate the transactions contemplated by this Agreement and otherwise to cause the other party to fulfill its obligations under this Agreement and the transactions contemplated hereby. Each party agrees to use commercially reasonable efforts to cause the conditions to its obligations to consummate the Merger to be satisfied.

  • Further Assurances, etc The Grantor agrees that, from time to time at its own expense, it will promptly execute and deliver all further instruments and documents, and take all further action, that may be necessary or desirable, or that the Collateral Agent may request, in order to perfect, preserve and protect any security interest granted or purported to be granted hereby or to enable the Collateral Agent to exercise and enforce its rights and remedies hereunder with respect to any Collateral. Without limiting the generality of the foregoing, the Grantor will

  • Further Assurance Each Party shall duly execute and deliver, or cause to be duly executed and delivered, such further instruments and do and cause to be done such further acts and things, including the filing of such assignments, agreements, documents, and instruments, as may be necessary or as the other Party may reasonably request in connection with this Agreement or to carry out more effectively the provisions and purposes hereof, or to better assure and confirm unto such other Party its rights and remedies under this Agreement.

  • State Assurances Except to the extent of any conflict under applicable law or requirements or guidelines of any federal awarding agency from which funding for this Grant Agreement originated, the Grantee must comply with the applicable state assurances included within the TxGMS which are incorporated here by reference.

Time is Money Join Law Insider Premium to draft better contracts faster.