Regulatory Assurances. M&I and Customer acknowledge and agree that the performance of these Services will be subject to regulation and examination by Customer's regulatory agencies to the same extent as if such Services were being performed by Customer. Upon request, M&I agrees to provide any appropriate assurances to such agency and agrees to subject itself to any required examination or regulation. Customer agrees to reimburse M&I for reasonable costs actually incurred due to any such examination or regulation that is performed solely for the purpose of examining data processing services used by Customer.
Regulatory Assurances. Metavante and Customer acknowledge and agree that the performance of these Services will be subject to regulation and examination by Customer’s regulatory agencies to the same extent as if such Services were being performed by Customer. Upon request, Metavante agrees to provide any appropriate assurances to such agency and agrees to subject itself to any required examination or regulation. Customer agrees to reimburse Metavante for reasonable costs actually incurred due to any such examination or regulation that is performed primarily for the purpose of examining Services used by Customer.
Regulatory Assurances. Upon execution of the Agreement and this Site Plan Agreement and the satisfaction of all other applicable legal requirements, NMFS will issue a permit under Section 10(a)(1)(A) of the ESA to assure the Permittee may incidentally take Covered Species, in accordance with the Site Plan Agreement and Agreement, as a result of implementing the Covered Activities described in this Site Plan Agreement, and except where such activities would result in the diminishment or non-achievement of the Baseline and/or Elevated Baseline Conditions established for the Enrolled Property. This assurance depends on the Permittee maintaining the Baseline Conditions and/or achieving the Elevated Baseline Conditions set forth in the Site Plan Agreement, complying fully with the Agreement and the Site Plan Agreement, and so long as the continuation of Covered Activities would not be likely to result in jeopardy to Covered Species or the adverse modification or destfuction of their designated critical habitat. NMFS provides no assurances with regard to any action that may affect species not covered under the Agreement, including the take of non-covered species and the adverse modification or destfuction of their designated critical habitat.
Regulatory Assurances. 9.1. Non-Federal Parties who seek regulatory assurances under the KBRA and/or this Agreement (described in this Agreement as Regulatory Assurances) may qualify for coverage under an incidental take permit using General Conservation Plans (GCP) or Habitat Conservation Plans (HCP) under Section 10(a)(1)(B) of the Endangered Species Act (ESA).
Regulatory Assurances. The following assurances are provided to the Cooperator: If additional management activities are necessary to respond to unforeseen circumstances, the FWS may require additional measures from the Cooperator only if such measures are limited to modifications within a Cooperator’s XXXX for the Covered Species, and only if those measures maintain the original terms of this XXXX and the Certificate to the maximum extent possible. Any such additional management activities will not involve the commitment of additional land, water, or financial resources, or additional restrictions on the use of land, water, or other natural resources available without the consent of the Cooperator. The FWS will have the burden of demonstrating that unforeseen circumstances exist, using the best scientific and commercial data available. These findings must be clearly documented and based upon reliable technical information regarding the status and habitat requirements of the Covered Species. The FWS will consider, but not be limited to, the following factors: Size of the current range of the affected species; Percentage of range adversely affected; Percentage of range conserved; Ecological significance of that portion of the range affected; Level of knowledge about the affected species and the degree of specificity of the species’ conservation program; and Whether failure to adopt additional management activities would appreciably reduce the likelihood of survival and recovery of the affected species in the wild. These assurances allow the Cooperator to alter or modify the Enrolled Property even if such alteration or modification results in incidental take of the Covered Species and their habitats to such an extent that the Enrolled Property is returned to the baseline conditions described in Section 4.1, above. The Cooperator may rely on these assurances only if the Cooperator is in full compliance with and properly implementing the XXXX.
Regulatory Assurances. The Wildlife Agencies acknowledge that the Permittees have agreed to take on the substantial responsibility of developing and implementing the HCP/NCCP in large part to obtain regulatory assurances, as provided in FESA and the NCC PA and further described in this Section and Chapter 10.
Regulatory Assurances. The assurances listed below apply to the Permit holder and are conveyed to enrolled Participants by a CI where the conservation measures specified in the Cooperative Agreement are being properly implemented as described. The assurances apply only with respect to species covered by the CCAA. Upon issuance of the Permit, the USFWS provides TPWD with the assurances that no additional conservation activities or additional land, water, or resource use restrictions for the covered species, beyond those voluntarily agreed to and described in section 6.0 Conservation Measures of this CCAA and in the associated Cooperative Agreement, will be required on enrolled properties throughout the 10-year life of the agreement, regardless of listing status of the covered species. These assurances, through the approval of the CCAA and issuance of the Permit, are transferred to Participants through a valid CI. These assurances will be authorized with the issuance of an Enhancement of Survival Permit under section 10(a)(1)(A) of the ESA.
Regulatory Assurances. The Service and the Commission shall, through the Florida RCW SHA and its associated Permit, grant regulatory assurances to Property Owners in good standings through Certificates of Inclusion. These assurances are as follows: ―If additional conservation and mitigation measures are deemed necessary, the Service may require additional measures of the enrolled landowner, but only if such measures are limited to modifications within conserved habitat areas, if any, for the affected species and maintain the original terms of the SHMA to the maximum extent possible. Additional conservation and mitigation measures will not involve the commitment of additional land, water or financial compensation or additional restrictions on the use of land, water or other natural resources otherwise available for development or use under the original terms of the SHMA without the consent of the Enrolled property Owner. These assurances allow the Enrolled property Owner to alter or modify the Enrolled property, even if such alteration or modification results in the incidental take of the RCW to such an extent that the take returns the RCW to the originally agreed upon baseline conditions. These assurances may apply to the entire Enrolled property or to portions of the Enrolled property as designated or otherwise specified in the SHMA. These assurances are also contingent on the Enrolled property Owner’s compliance with the obligations of the SHMA. Further, the assurances apply only to this particular SHMA, only if the SHMA is being properly implemented, and only with respect to species covered by the SHMA.‖
Regulatory Assurances. The assurances listed below apply to the Cooperator. The assurances apply only where the permit associated with the CCAA and the CCAA itself are being properly implemented, and only with respect to species adequately covered by the CCAA.
Regulatory Assurances. The Service will provide assurances and incidental take authorization to the NCWRC via the section 10(a)(1)(a) Permit issued in association with this Agreement. Upon enrolling a Cooperator under this Agreement, the NCWRC will, in turn, extend its take authorization and assurances to the Cooperator via the XXXX and COI. The assurances provide that, as long as a XXXX is properly implemented, no additional conservation measures or additional land, water, or resource use restrictions will be required of the Cooperator, including, but not limited to, when a non-federally listed Covered Species is listed as “endangered” or “threatened” under the ESA in the future. Given that Covered Species included in CCAA POMAs are not federally-listed species, the incidental take authorization granted to a Cooperator via its COI will become effective as to a Covered Species on the effective date of the Service’s final rule listing such species.
