NEPA Document and Archeological Construction Monitoring, Mitigation and Preservation Plans Sample Clauses

NEPA Document and Archeological Construction Monitoring, Mitigation and Preservation Plans. The parties acknowledge and agree that the Bureau of Reclamation (and/or the EPA) will be the entity primarily responsible for preparing the NEPA Document and is ultimately responsible for any decision-making relating to the NEPA Document with respect to the Project. Finalization and approval of the applicable NEPA Document by the Bureau of Reclamation (and/or the EPA) is a condition to the occurrence of the Construction Board of Water Supply, City and County of Honolulu Kalaeloa Seawater Desalination Facility Design-Build-Operate-Maintain Project Service Agreement Article 6 - Development Period ​ ​ Commencement Date and the issuance of the Notice to Proceed with the Construction Period in accordance with Section 6.8 (Closing the Development Period). Furthermore, approval by SHPD of the Archeological Construction Monitoring, Mitigation and Preservation Plans is a pre-condition of obtaining final NEPA approval from the Bureau of Reclamation (and/or the EPA), and, therefore, time is of the essence to submit such plans. The DBOM Contractor shall prepare the Archeological Construction Monitoring, Mitigation and Preservation Plans in accordance with the Contract Standards, including applicable SHPD requirements, and shall submit such plans to BWS, for BWS review and comment, no later than 182 days following the date of issuance of the Notice to Proceed with the Development Period. Any delay in the submittal of the Archeological Construction Monitoring, Mitigation and Preservation Plans shall result in a day for day reduction to the date to which the Fixed Design-Build Price shall be adjusted pursuant to subsections 10.1(C)(3) (ECI-Construction Labor Cost Adjustment) and 10.1(C)(4) (Adjustment for Certain Raw Materials Cost Fluctuations). Following submittal by the DBOM Contractor of final Archeological Construction Monitoring, Mitigation and Preservation Plans, having addressed any comments provided by the BWS, BWS will submit such plans to SHPD for approval, which approval shall be a condition to the establishment of the Construction Commencement Date under Section 6.7 (Construction Commencement Date Conditions).
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Related to NEPA Document and Archeological Construction Monitoring, Mitigation and Preservation Plans

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  • Agreements Regarding Collateral and Field Examination Reports (ll) Lien Releases;

  • Information Systems Acquisition Development and Maintenance a. Client Data – Client Data will only be used by State Street for the purposes specified in this Agreement.

  • Review and Construction of Documents Each Party herein expressly represents and warrants to all other Parties hereto that (a) before executing this Agreement, said Party has fully informed itself of the terms, contents, conditions and effects of this Agreement; (b) said Party has relied solely and completely upon its own judgment in executing this Agreement; (c) said Party has had the opportunity to seek and has obtained the advice of its own legal, tax and business advisors before executing this Agreement; (d) said Party has acted voluntarily and of its own free will in executing this Agreement; and (e) this Agreement is the result of arm’s length negotiations conducted by and among the Parties and their respective counsel.

  • Environmental Compliance and Conditions Except as set forth on Schedule 3.16:

  • O.S.H.A. and Environmental Compliance (a) Each Borrower has duly complied with, and its facilities, business, assets, property, leaseholds, Real Property and Equipment are in compliance in all material respects with, the provisions of the Federal Occupational Safety and Health Act, the Environmental Protection Act, RCRA and all other Environmental Laws; there have been no outstanding citations, notices or orders of non-compliance issued to any Borrower or relating to its business, assets, property, leaseholds or Equipment under any such laws, rules or regulations.

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  • Compliance of Agreement, Loan Documents and Borrowing with Laws, Etc The execution, delivery and performance by each Credit Party of the Loan Documents to which each such Person is a party, in accordance with their respective terms, the Extensions of Credit hereunder and the transactions contemplated hereby or thereby do not and will not, by the passage of time, the giving of notice or otherwise, (a) require any Governmental Approval or violate any Applicable Law relating to any Credit Party where the failure to obtain such Governmental Approval or such violation could reasonably be expected to have a Material Adverse Effect, (b) conflict with, result in a breach of or constitute a default under the articles of incorporation, bylaws or other organizational documents of any Credit Party, (c) conflict with, result in a breach of or constitute a default under any indenture, agreement or other instrument to which such Person is a party or by which any of its properties may be bound or any Governmental Approval relating to such Person, which could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (d) result in or require the creation or imposition of any Lien upon or with respect to any property now owned or hereafter acquired by such Person other than Permitted Liens or (e) require any consent or authorization of, filing with, or other act in respect of, an arbitrator or Governmental Authority and no consent of any other Person is required in connection with the execution, delivery, performance, validity or enforceability of this Agreement, other than (i) consents, authorizations, filings or other acts or consents previously obtained or for which the failure to obtain or make could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect and (ii) consents or filings under the UCC or other security filings.

  • Inconsistencies with Other Documents; Independent Effect of Covenants (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control; provided, that any provision of the Security Documents which imposes additional burdens on the Borrower or its Subsidiaries or further restricts the rights of the Borrower or its Subsidiaries or gives the Administrative Agent or Lenders additional rights shall not be deemed to be in conflict or inconsistent with this Agreement and shall be given full force and effect.

  • Labor Law Acknowledgement and Policy Statement In accepting the award of Performance Units, you expressly recognize that KBR, Inc., with registered offices at 000 Xxxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxx 00000, U.S.A., is solely responsible for the administration of the Plan and that your participation in the Plan and receipt of Performance Units does not constitute an employment relationship between you and KBR, Inc. since you are participating in the Plan on a wholly commercial basis and your sole employer is KBR in Mexico (“KBR-Mexico”), not KBR, Inc. in the U.S. Based on the foregoing, you expressly recognize that the Plan and the benefits that you may derive from participation in the Plan do not establish any rights between you and your Employer, KBR-Mexico, and do not form part of the employment conditions and/or benefits provided by KBR-Mexico and any modification of the Plan or its termination shall not constitute a change or impairment of the terms and conditions of your employment. You further understand that your participation in the Plan is as a result of a unilateral and discretionary decision of KBR, Inc.; therefore, KBR, Inc. reserves the absolute right to amend and/or discontinue your participation at any time without any liability to you. Finally, you hereby declare that you do not reserve to yourself any action or right to bring any claim against KBR, Inc. for any compensation or damages regarding any provision of the Plan or the benefits derived under the Plan, and you therefore grant a full and broad release to KBR, Inc., its Subsidiary, affiliates, branches, representation offices, its shareholders, officers, agents or legal representatives with respect to any claim that may arise.

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