Resolving Adverse Effects Sample Clauses

Resolving Adverse Effects. A MOA is used for a specific project when the impacts to historic properties are known. A project- specific PA is used when a project will impact historic properties, but the nature of these impacts is not yet known, and/or when implementation of measures to resolve adverse effects will require extensive post-NEPA decision making because of issues associated with property access or the project design process (e.g., for design build projects). A project-specific PA is also used early in the project development process when ADOT anticipates a complex and controversial consultation process. In the latter case, the project-specific PA will provide the structure and framework for consultation and all steps in the Section 106 process. The steps for developing a project-specific MOA or PA are outlined in Section 3.5.4.2.
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Resolving Adverse Effects. 1. If an undertaking may adversely affect a National Historic Landmark, the Agency shall request the SHPO, the ACHP, and the Secretary of the Interior to participate in consultation to resolve any adverse effects, as outlined in 36 CFR 800.10.
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Resolving Adverse Effects. A. With respect to all ABPP Grant Programs, if NPS determines that the project will have an Adverse Effect on historic properties and the SHPO concurs, the NPS then will continue consultation with the SHPO, recipient, and other appropriate Consulting Parties, including appropriate federally recognized Tribes and NHOs in accordance with 36 CFR § 800.6, to develop alternatives or modifications to the project that could avoid, minimize or mitigate effects on historic properties. NPS shall notify the ACHP of all adverse effect findings, provide documentation specified in 36 CFR § 800.11(e), and invite ACHP to participate in a manner consistent with 36 CFR § 800.6(a)(l)(i). NPS shall copy all Consulting Parties, including Tribes, when it notifies ACHP.
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Resolving Adverse Effects i. For undertakings that VDOT has determined may result in adverse effects, VDOT shall assess and attempt to resolve adverse effects in accordance with 36 CFR 800.6 and other provisions of this Agreement.
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Resolving Adverse Effects. If DOT&PF determines that a project will have an adverse effect on an eligible historic road after applying the procedures established in J.III, the PQI will follow the process described in Appendix D, Section E, for resolving the adverse effect.
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Resolving Adverse Effects. If an undertaking may adversely affect a National Historic Landmark, SHPO shall request the Council and Secretary of the Interior to participate in consultation with VHCB, the qualified professional, and Applicant to resolve any adverse effects, as outlined in 36 CFR 800.10. When the proposed activities cannot meet the Standards and alternatives have been examined, the qualified professional shall make a recommendation to SHPO on whether it is appropriate to execute a Standard Mitigation Measures Agreement as outlined in Appendix E. If SHPO determines that executing a Standard Mitigation Measures Agreement is appropriate to mitigate the adverse effect, the qualified professional shall prepare a draft agreement and submit it to SHPO for review. SHPO shall advise all parties of its decision to execute the agreement within thirty (30) days following receipt with adequate documentation and justification. SHPO and VHCB may consult with the Secretary of the Agency of Commerce and Community Development and/or the Council to resolve project conflicts.
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Resolving Adverse Effects. If the Forest Service finds, in consultation with the SHPO and tribes, that the protection measures outlined in Section IX above cannot be applied and/or the undertaking will have an “adverse effect” on historic properties, the FS shall notify the Council as specified in Section VII of the Programmatic Agreement and shall consult to resolve adverse effects following the procedures in 36 CFR 800.6. If the determination of adverse effect is made after the NEPA decision, as part of a phased survey for example, the FS shall amend its decision if necessary to disclose the effects.
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Resolving Adverse Effects a. VDOT shall assess and resolve adverse effects in a manner consistent with 36 CFR 800.6 and in accordance with other provisions of this PA.
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Related to Resolving Adverse Effects

  • Litigation; Adverse Effects Except as set forth in Schedule 7.1-I, as of the Closing Date, there is no action, suit, proceeding, Claim, investigation or arbitration before or by any Governmental Authority or private arbitrator pending or, to the knowledge of the Borrower, threatened against the Company, the Borrower, any Qualified Borrower or any of their respective Subsidiaries, or any Property of any of them (i) challenging the validity or the enforceability of any of the Loan Documents, (ii) which will or is reasonably likely to result in a loss in excess of $30,000,000, or (iii) under the Racketeering Influenced and Corrupt Organizations Act or any similar federal or state statute where such Person is a defendant in a criminal indictment that provides for the forfeiture of assets to any Governmental Authority as a potential criminal penalty. There is no material loss contingency within the meaning of GAAP which has not been reflected in the consolidated financial statements of the Company and the Borrower. None of the Company, any General Partner, the Borrower, any Qualified Borrower or any Subsidiary of the Borrower is (A) in violation of any applicable Requirements of Law which violation will have or is reasonably likely to have a Material Adverse Effect, or (B) subject to or in default with respect to any final judgment, writ, injunction, restraining order or order of any nature, decree, rule or regulation of any court or Governmental Authority which will have or is reasonably likely to have a Material Adverse Effect.

  • No Adverse Effect The acquisition by the Collateral Agent of the Receivables arising in the Additional Accounts shall not, in the reasonable belief of the Trust, result in an Adverse Effect;

  • Company Material Adverse Effect Since the date of this Agreement, there shall not have been any Company Material Adverse Effect or any event, change, or effect that would, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect.

  • Material Adverse Effect The occurrence of any event or condition that has had, or could reasonably be expected to have, a Material Adverse Effect.

  • Parent Material Adverse Effect Since the date of this Agreement, there shall not have been any Parent Material Adverse Effect or any event, change, or effect that would, individually or in the aggregate, reasonably be expected to have a Parent Material Adverse Effect.

  • No Company Material Adverse Effect Since the date of this Agreement, there shall not have occurred any Company Material Adverse Effect.

  • Financial Condition; No Material Adverse Effect (a) The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein and (ii) fairly present the financial condition of the Borrower and its subsidiaries as of the date thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein.

  • Notice of Material Adverse Effect The Company shall notify the Buyer (and any subsequent holder of the Debentures), as soon as practicable and in no event later than three (3) business days of the Company’s knowledge of any Material Adverse Effect on the Company. For purposes of the foregoing, “knowledge” means the earlier of the Company’s actual knowledge or the Company’s constructive knowledge upon due inquiry.

  • Litigation; Adverse Facts There are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Company or any of its Subsidiaries) at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are pending or, to the knowledge of Company, threatened against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries and that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. Neither Company nor any of its Subsidiaries (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect, or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

  • Absence of Material Adverse Effect Since the date of this Agreement, there shall not have been any event, change or occurrence that, individually or in the aggregate, has had or would reasonably be expected to have a Company Material Adverse Effect.

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