Unforeseen Circumstance definition

Unforeseen Circumstance is defined by 50 CFR 222.102 (2001), and implemented according to 50 CFR 222.307(g) (2001). If these regulations are modified, the modified regulations will apply only to the extent the modifications were required by subsequent action of Congress or court order, unless the Parties otherwise agree. Dated CONFEDERATED TRIBES AND BANDS OF THE YAKAMA INDIAN NATION By (Title) Address for Notice: Dated CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION By (Title) Address for Notice: Dated AMERICAN RIVERS, INC., a Washington D.C., nonprofit corporation By (Title) Address for Notice:
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Unforeseen Circumstance means any cause or causes which the party asserting the same is not, despite all reasonable efforts, able to prevent or overcome, including, but not limited to, any permitting authority's denial or failure to renew any license or permit, or compliance with any order, injunction or judgment, by any governmental authority, change in law or regulation, acts of God, strikes, lockouts or other labor disputes, riots, civil strife, war, acts of a public enemy, lightning, fires, explosions, severe storms or floods. The financial inability of either party for whatever reason to perform its obligations hereunder shall not constitute an Unforeseen Circumstance.
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Unforeseen Circumstance is defined by 50 CFR 222.102 (2001), and implemented according to 50 CFR 222.307(g) (2001). If these regulations are modified, the modified regulations will apply only to the extent the modifications were required by subsequent action of Congress or court order, unless the Parties otherwise agree. Dated CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION By (signature) (print name) (Title) Address for Notice: Dated AMERICAN RIVERS, INC., a Washington D.C., nonprofit corporation By (signature) (print name) (Title) Address for Notice: HCP Production Commitments for Rock Island Project Initial Production Levels Calculated 7% Species Original Passage Inundation1 Losses2 Total Production Levels3 Rearing Facility Spring chinook 672,000 672,000 298,853 EB 144,000 144,000 Methow Steelhead 200,000 200,000 51,275 EB Summer/fall chinook Yearlings 1,640,000 1,640,000 541,385 EB Subyearlings Sockeye 200,000 200,000 571,040 EB EB=Eastbank 1 Compensates for original inundation by the Project. These amounts are not subject to recalculation, and are provided in addition to the levels necessary to compensate for Unavoidable Project Mortality.
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Examples of Unforeseen Circumstance in a sentence

  • Any circumstance relating to Permit Species not addressed by this Agreement is an Unforeseen Circumstance.

  • Notwithstanding the foregoing, in the event of an Unforeseen Circumstance that limits Seller's ability to deliver coal to Buyer, Seller shall allow Buyer access to the Reserve Inventory (or another source identified by Seller) so that Buyer can transport coal from the Reserve Inventory (or coal in the same quantity on a Btu basis from such other source) to the Facility with its own trucks.

  • Deliveries not made or not accepted due to an Unforeseen Circumstance shall not be made up except by mutual agreement by the parties hereto.

  • The party whose performance under this Agreement has been affected by an Unforeseen Circumstance shall provide prompt written notice of the occurrence and of the cessation of such Unforeseen Circumstance to the other party.

  • In each instance, the party affected by such Unforeseen Circumstance shall exercise reasonable diligence to resume operations hereunder; provided, however, that each party shall have the right to settle any strikes, lockouts or industrial disputes in its sole discretion and the aforesaid requirement of exercising reasonable diligence to resume operations shall not require either party to accede to any demand or position of any other party involved in such strike, lockout or industrial dispute.

  • During any period in which mining, preparing, loading, delivering and/or selling coal by Seller hereunder is curtailed as a result of an Unforeseen Circumstance and Seller cannot deliver all of the requirements of coal under this Agreement, Seller may, as a minimum, prorate its available coal from its Operations among all of Seller's customers of its Operations, including Buyer, in proportion to its prior commitments to such customers.

  • In agreements or contracts entered into between Seller and any customer other than Buyer, Seller has not committed and shall not commit to any such customer that it would have first call on any coal similar in quality to the coal required to be delivered under this Agreement during an Unforeseen Circumstance.

  • Neither Seller nor Buyer shall be liable to the other for any failure or delay in performance of any obligation under this Agreement due to the occurrence of an Unforeseen Circumstance.

  • Neither party shall be liable for damages, delays, or failure to perform its obligations under this Agreement if such failure is due to any Unforeseen Circumstance beyond its reasonable control.

  • The Company shall be unable to treat as an Unforeseen Circumstance an insurable loss incurred by the Company with respect to which the Company failed to procure insurance which it was obligated to procure under this Agreement.


More Definitions of Unforeseen Circumstance

Unforeseen Circumstance is defined by 50 CFR 222.102 (2001), and implemented according to 50 CFR 222.307(g) (2001). If these regulations are modified, the modified regulations will apply only to the extent the modifications were required by subsequent action of Congress or court order, unless the Parties otherwise agree.
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Unforeseen Circumstance is defined by 50 CFR 222.102 (2001), and implemented according to 50 CFR 222.307(g) (2001). If these regulations are modified, the modified regulations will apply only to the extent the modifications were required by subsequent action of Congress or court order, unless the Parties otherwise agree. Dated CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION By (Title) Address for Notice: Dated AMERICAN RIVERS, INC., a Washington D.C., nonprofit corporation By (Title) Address for Notice:
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Unforeseen Circumstance means an event, exclusive of Per Diem Rate adjustment ----------------------- and compensation for additional services as set forth in Article 8, beyond the reasonable contemplation of both parties (a mutual mistake of a material nature) at the time of the execution of this Contract that materially alters the financial conditions or the purpose upon which the Management Agreement is based.
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Unforeseen Circumstance means any act, event or condition, whether affecting the Facility, the County or the Company, that has, or may reasonably be expected to have, a material adverse effect on the Company or the County, or on any of the Project Agreements or on the Facility or the Site or the testing, operation, ownership or possession of either of them, or on the handling, transportation, removal or disposal of Process Residue, County By-Pass Waste or Unacceptable Waste, if such event or condition is beyond the reasonable control, and not attributable to the Fault of the party (the “Non-Performing Party”) relying thereon as justification for not performing any obligation or complying with any condition required of such party hereunder, except that an Unforeseen Circumstance shall not, except as provided in (d) below, include a labor strike by employees of the Company. Such acts, events or conditions may include, but shall not be limited to, the following:
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Related to Unforeseen Circumstance

  • Change in Circumstance means any significant change to you, including but not limited to:

  • Exigent Circumstance means a Covered Person either has a Condition that may seriously jeopardize his or her life, health, or ability to regain maximum function or is undergoing a current course of treatment using a non-Formulary medication. The request for an expedited review should include the following support:

  • Exigent Circumstances means circumstances where collection or disclosure is urgently necessary, such that procedures that would otherwise be required cannot be followed.

  • Extraordinary circumstances means floods, snow, ice storms, tornadoes, earthquakes, or other

  • Special Circumstance means an event where, in the opinion of the Bank acting reasonably and in good faith, an amendment or a change is made to a taxation act or regulation, to taxation practices, policies or administration, to the interpretation of a taxation act or regulation or taxation practice, policy or administration; or an event occurs, now or in future, caused by circumstances beyond the control of the Bank making it illegal or disadvantageous, from a legislative or regulatory point-of-view, or disadvantageous, from a financial point- of-view, for the Bank to allow the Deposits of such series to remain outstanding. As provided hereunder, certain other extraordinary events affecting the underlying interest may be deemed to constitute a Special Circumstance and entitle the Bank to proceed with a Reimbursement Under Special Circumstances.