Neighboring Lands Sample Clauses

Neighboring Lands. The City of Phoenix Aviation Department maintains the stretch of the Salt River between SR 143 and just east of the I-10 Bridge. If the Permittee’s voluntary conservation actions result in covered species occupying adjacent properties, the Service will use the maximum authority allowed under the ESA to address neighboring properties. Implications to neighboring landowners with non-enrolled lands will be determined on a case-by-case basis. In general, the Service will make every effort to include the neighboring landowner as a signatory party to this or a separate agreement and permit. Nothing in this Agreement requires the Permittee to take any action with respect to endangered species or habitat on property that is not within the enrolled lands.
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Neighboring Lands. The Permittee’s land is adjacent to an evolving habitat located outside the City of Tempe and within the Salt River bed. An approximately 90-acre area of the riverbed is continually inundated by stormwater runoff from the ADOT 202 and 101 freeway interchange, adjacent cities’ stormwater discharge, and discharge of treated effluent from a City of Mesa water reclamation plant. This continual water source permits volunteer cottonwood trees and rushes to thrive, thereby attracting large numbers of birds and waterfowl. No threatened or endangered species have been documented for this area, but there is a possibility that it could be colonized from the Permittee’s land or as a result of the emerging habitat. Urban private development adjacent to the Tempe Town Lake is not immediately suitable as habitat, but could be used by species originating from the Permittee’s land or the nearby 90 acre emerging habitat area. Non-participating private landowners, outside of the enrolled lands, are not covered under the Permit associated with this Agreement. If the Permittee’s voluntary conservation actions result in listed species occupying adjacent properties, the Service will use the maximum flexibility allowed under the ESA to address neighboring properties under the Agreement and associated Permit. The Service’s potential actions include, but are not limited to, granting incidental take authority to owners of neighboring lands where occupation is expected as a result of the Agreement. Implications to neighboring landowners with non-enrolled lands will be determined on a case-by-case basis. In general, the Service will make every effort to include the neighboring landowner as a signatory party to this or a separate agreement and permit. A separate agreement could allow, for example, the Service to enter the adjacent property and remove any covered species individuals for relocation elsewhere.
Neighboring Lands. In general, the Service will make every effort to include neighboring landowners as signatory parties to a Safe Harbor Agreement. If the Permittee’s voluntary conservation actions result in Covered Species’ occupying adjacent properties not covered by a Safe Harbor Agreement, the Service will use the maximum flexibility allowed under the ESA to use the existing incidental take permit to minimize neighboring property ownersliabilities for these Covered Species. Implications to neighboring landowners with non-enrolled lands will be determined on a case-by-case basis.
Neighboring Lands. Because of the distribution and potential connectivity of habitats suitable for covered species in Pahranagat Valley, the potential exists that suitable habitat on neighboring private ownerships could be colonized by animals from adjacent properties covered under individual landowner Cooperative Agreements and Certificates of Inclusion to this Agreement. Non-participating private landowners are not covered under the take permit associated with this Agreement. If voluntary conservation actions by a Cooperator result in listed species occupying adjacent properties, the Parties will use the maximum flexibility allowed under the ESA to address neighboring properties under the Agreement and associated take permit. The Parties’ potential actions include, but are not limited to, granting take authority to owners of neighboring lands where occupation is expected as a result of the Agreement. Implications to neighboring landowners with non-enrolled lands will be determined on a case-by-case basis. In general, the Parties will make every effort to include the neighboring landowner as a Cooperator to this or a separate agreement and permit. A separate agreement could require, for example, the Parties to enter the adjacent property and remove any species individuals for relocation elsewhere.
Neighboring Lands. Non-participating private landowners, including adjacent landowners with Timber Harvest Plans or NTMPs, are not covered under the take Permit associated with this Agreement.

Related to Neighboring Lands

  • Surface  Grade and shape the road surface, turnouts, and shoulders to the original shape on the TYPICAL SECTION SHEET. Inslope or outslope as directed to provide a smooth, rut-free traveled surface and maintain surface water runoff in an even, unconcentrated manner.  Blading shall not undercut the backslope or cut into geotextile fabric on the road.  If required by the Contract Administrator, water shall be applied as necessary to control dust and retain fine surface rock.  Surface material shall not be bladed off the roadway. Replace surface material when lost or worn away, or as directed by the Contract Administrator.  Remove shoulder berms, created by grading, to facilitate drainage, except as marked or directed by the Contract Administrator.  For roads with geotextile fabric: spread surface aggregate to fill in soft spots and wheel ruts (barrel spread) to prevent damage to the geotextile fabric.

  • Leased Premises Lessor hereby leases to Lessee, and Lessee leases and takes from Lessor, the Leased Premises subject to the conditions of this Lease.

  • Groundwater The groundwater shall not be degraded as a result of the waste maintained at the facility.

  • Premises defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on floors, ice, or other surfaces, extreme weather conditions; travel to and from premises.

  • The Premises Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto, and an outline of the Project is set forth in Exhibit A-1 attached hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease, Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease. However, notwithstanding the foregoing, Landlord agrees that base Building electrical, mechanical, heating, ventilation and air conditioning and plumbing systems located in the Premises shall be in good working order and the roof shall be water tight as of the date Landlord delivers possession of the Premises to Tenant. Except to the extent caused by the acts or omissions of Tenant or any Tenant Parties (as defined in Section 10.13 below) by any alterations or improvements performed by or on behalf of Tenant, if such systems and/or the roof are not in good working order as of the date possession of the Premises is delivered to Tenant and Tenant provides Landlord with notice of the same within ninety (90) days following the date Landlord delivers possession of the Premises to Tenant, Landlord shall be responsible for repairing or restoring the same at Landlord’s sole cost and expense. Subject to any repairs or restoration required by the immediately preceding sentence, the commencement of business operations from the Premises by Tenant shall presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises, the Building and the Project have not undergone inspection by a Certified Access Specialist (CASp).

  • DAMAGE TO LEASED PREMISES In the event the building housing the Premises shall be destroyed or damaged as a result of any fire or other casualty which is not the result of the intentional acts or neglect of Lessee and which precludes or adversely affects the Lessee’s occupancy of the Premises, then in every such cause, the rent herein set forth shall be abated or adjusted according to the extent to which the leased Premises have been rendered unfit for use and occupation by the Lessee and until the demised Premises have been put in a condition at the expense of the Lessor, at least to the extent of the value and as nearly as possible to the condition of the Premises existing immediately prior to such damage. It is understood, however, in the event of total or substantial destruction to the Premises that in no event shall the Lessor's obligation to restore, replace or rebuild exceed an amount equal to the sum of the insurance proceeds available for reconstruction with respect to said damage.

  • Contamination The presence in, on or under land, air or water of a substance (whether a solid, liquid, gas, odour, heat, sound, vibration or radiation) at a concentration above the concentration at which the substance is normally present in, on or under land, air or water in the same locality, that presents a risk of Environmental Harm, including harm to human health or any other aspect of the Environment, or could otherwise give rise to a risk of non-compliance with any Statutory Requirement for the protection of the Environment.

  • Landlord’s Property All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

  • Basement Any leaks or evidence of moisture? Yes No Unknown Does Not Apply Comments:

  • Demised Premises The Landlord hereby demises and leases to the Tenant, and the Tenant hereby leases from the Landlord, upon and subject to the terms and provisions of this Lease (which term is used herein shall include all Exhibits attached hereto or referred to herein), the commercial space (sometimes hereinafter referred to as the "Demised Premises") depicted on Exhibit A hereto annexed and made a part hereof. Said Demised Premises contain approximately six thousand six hundred fifty-one (6,651) square feet of floor area (measuring from (i) the center of the two side demising walls and (ii) the front lease line of the Demised Premises, through the rear wall), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure (the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the event, within sixty (60) days after commencement of the term of this Lease, either party hereto finds that the actual floor area of the Demised Premises differs by ten (10) square feet or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinabove. The term "

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