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, CEDO shall request SHPO, the Council, 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. 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 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. 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. 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 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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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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Related to Resolving Adverse Effects

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

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

  • Resolution of Adverse Effects If FEMA determines that an Undertaking may adversely affect a historic property, it shall resolve the effects of the Undertaking in consultation with the SHPO, Grantee(s), subgrantee, participating Tribes the ACHP, if participating, and other consulting parties, by one of the following methods depending upon the severity of the adverse effect(s) as well as determination of the historic property’s significance on a local, state or national level. When FEMA determines an Undertaking will adversely affect an NHL, FEMA shall notify and invite the Secretary and ACHP to participate in consultation in accordance with 36 CFR § 800.10. When the ACHP participates in consultation related to an NHL, the ACHP shall report the outcome of the consultation to the Secretary and the FEMA Administrator.

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

  • Material Adverse Change A Material Adverse Change occurs;

  • No Adverse Change Any adverse change in the financial condition, assets, liabilities, business, prospects or operations of Company;

  • No Material Adverse Change No event or condition of a type described in Section 3(h) hereof shall have occurred or shall exist, which event or condition is not described in the Pricing Disclosure Package (excluding any amendment or supplement thereto) and the Prospectus (excluding any amendment or supplement thereto) and the effect of which in the judgment of the Representatives makes it impracticable or inadvisable to proceed with the offering, sale or delivery of the Shares on the Closing Date or the Additional Closing Date, as the case may be, on the terms and in the manner contemplated by this Agreement, the Pricing Disclosure Package and the Prospectus.

  • Adverse Actions Take any action or fail to take any action that is intended or is reasonably likely to result in (i) any of its representations and warranties set forth in this Agreement being or becoming untrue in any material respect at any time at or prior to the Effective Time, (ii) any of the conditions to the Merger set forth in Article VI not being satisfied or (iii) a material violation of any provision of this Agreement, except, in each case, as may be required by applicable law or regulation.

  • Adverse Action The Indenture Trustee need not take an action that it determines might have a material adverse effect on the rights of the Noteholders not consenting to the action.

  • Challenges The Experts may be challenged by either Party if circumstances exist that give rise to justifiable doubts as to any of their impartiality or independence. In such circumstances the challenge shall be brought by written notice to the ICC copied to the other Party within fourteen (14) calendar days of the appointment of the relevant Expert or within fourteen (14) calendar days of the challenging Party becoming aware of the circumstances giving rise to the challenge. Unless the challenged Expert withdraws. or whichever of the Parties that has not brought the challenge agrees to the challenge, within fourteen (14) calendar days of the challenge, the ICC shall decide the challenge and, if appropriate, shall appoint a replacement Expert in accordance with the criteria set out herein.

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