Common use of State Permit Clause in Contracts

State Permit. CDFG may revoke or terminate the State Permit for a material violation of the State Permit or material breach of this Agreement by the Permittees if the CDFG determines in writing that (a) such violation or breach cannot be effectively redressed by other remedies or enforcement action, or (b) revocation or termination is required to avoid jeopardizing the continued existence of a Covered Species and to fulfill a legal obligation of the CDFG under CESA and/or NCCPA. CDFG agrees that it will not revoke or terminate the State Permit without first (a) requesting that the Permittees take appropriate remedial action, and (b) providing the Permittees with notice in writing of the facts or conduct which warrant the revocation or termination and a reasonable opportunity (but not less than forty-five (45) days) to demonstrate or achieve compliance with CESA, NCCPA, the State Permit and this Agreement. However, in the event that CDFG has determined that the Permittees have failed to meet the rough proportionality standard provided in Section 9.3 of this Agreement, and if the Permittees have failed to cure the default or to enter into an agreement to do so within forty-five (45) days of the written notice of such determination, CDFG shall revoke the State Permit in whole or in part in accordance with California Fish and Game Code section 2820.

Appears in 2 contracts

Sources: Implementing Agreement, Implementing Agreement

State Permit. CDFG may revoke or terminate the State Permit for a material violation of the State Permit or material breach of this Agreement by the Permittees if the CDFG determines in writing that (a) such violation or breach cannot be effectively redressed by other remedies or enforcement action, or (b) revocation or termination is required to avoid jeopardizing the continued existence of a Covered Species and to fulfill a legal obligation of the CDFG under CESA and/or NCCPA. CDFG agrees that it will not revoke or terminate the State Permit without first (a) requesting that the Permittees take appropriate remedial action, and (b) providing the Permittees with notice in writing of the facts or conduct which warrant the revocation or termination and a reasonable opportunity (but not less than forty-five (45) days) to demonstrate or achieve compliance with CESA, NCCPA, the State Permit and this Agreement. However, in the event that CDFG has determined that the Permittees have failed to meet the rough proportionality standard provided in Section 9.3 of this Agreement, and if the Permittees have failed to cure the default or to enter entered into an agreement to do so within forty-five (45) days of the written notice of such determination, CDFG shall revoke the State Permit in whole or in part in accordance with California Fish and Game Code section 2820.

Appears in 1 contract

Sources: Implementing Agreement