Application of the Criteria of Adverse Effect Clause Samples

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient that the subrecipient revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid adverse effects, FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.
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Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may 647 affect historic properties in the APE, including properties of religious or cultural 648 significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to 649 historic properties within the APE(s), taking into account the views of the consulting 650 parties and public concerning effects in accordance with 36 CFR § 800.5(a). 652 a. 653 654 655 656 657 658 659 660 661 662 663
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Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 C.F.R. § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 C.F.R. § 800.5(b). i. FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 C.F.R. §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution; or, 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 C.F.R. § 800.5(c)(2) and (3)(i)-
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Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including properties of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and public concerning effects in accordance with 36 CFR § 800.5(a). If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and complete the Section 106 review. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or;
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Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may 656 affect historic properties in the APE, including those of religious or cultural 657 significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to 658 historic properties within the APE(s), taking into account the views of the consulting 659 parties and the public concerning effects in accordance with 36 CFR § 800.5(a). 660 661 a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, 662 FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 663 800.5(b). 665 i. FEMA shall notify the SHPO, participating Tribe(s) and all other consulting 666 parties of its finding and provide supporting documentation pursuant to 36 667 CFR §800.11(e). 668 669 ii. Unless a consulting party objects within the applicable timeframe outlined in 670 Stipulation I.E, Timeframes and Communications, FEMA will proceed with its 671 “no adverse effect” determination and conclude the Section 106 review. 672 673 iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will 674 consult with the objecting party to resolve the disagreement. 675
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Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 C.F.R. § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 C.F.R. § 800.5(b). i. FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 C.F.R. §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution; or, 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 C.F.R. § 800.5(c)(2) and (3)(i)-
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Related to Application of the Criteria of Adverse Effect

  • Absence of Adverse Changes From the date hereof until the Closing, there will have been no material adverse change in the financial or business condition of the Company.

  • Notice of Adverse Change Recipient shall promptly notify OBDD of any adverse change in the activities, prospects or condition (financial or otherwise) of Recipient or the Project related to the ability of Recipient to perform all obligations required by this Contract.

  • Determination of Adverse Consequences The Parties shall take into account the time cost of money (using the Applicable Rate as the discount rate) in determining Adverse Consequences for purposes of this §8. All indemnification payments under this §8 shall be deemed adjustments to the Purchase Price.

  • Litigation; Adverse Effects (a) To the best of Borrower’s knowledge, there is no Proceeding, pending or threatened, against Borrower or any property of Borrower (including the Property), which, if adversely determined, would result in a Material Adverse Effect. (b) Except as disclosed on Schedule 5.11 hereto, Borrower is not (i) in violation of any applicable law, which violation has a Material Adverse Effect, or (ii) subject to or in default with respect to any Court Order which has a Material Adverse Effect.

  • Financial Statements; No Material Adverse Effect; No Internal Control Event (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; (ii) fairly present the financial condition of Holdings 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; and (iii) show all material indebtedness and other liabilities, direct or contingent, of Holdings and its Subsidiaries as of the date thereof, including liabilities for taxes, material commitments and Indebtedness. (b) The unaudited consolidated balance sheet of Holdings and its Subsidiaries as at September 29, 2012, and the related consolidated statements of income or operations, and cash flows for the fiscal quarter ended on that date (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 Holdings and its Subsidiaries as of the date thereof and their results of operations for the period covered thereby, subject, in the case of clauses (i) and (ii), to the absence of footnotes and to normal quarter-end or year-end adjustments. (c) Since the date of the Audited Financial Statements, except as disclosed in Holdings’ public filings with the SEC made prior to the Closing Date, there has been no event or circumstance, either individually or in the aggregate, that has had or could reasonably be expected to have a Material Adverse Effect. (d) To the best knowledge of Holdings and the Borrower, no Internal Control Event exists or has occurred since the date of the Audited Financial Statements that has resulted in or could reasonably be expected to result in a misstatement in any material respect, in any financial information delivered or to be delivered to the Administrative Agent or the Lenders, of (i) covenant compliance calculations provided hereunder or (ii) the assets, liabilities, financial condition or results of operations of Holdings and its Subsidiaries on a consolidated basis. (e) The consolidated forecasted balance sheets, statements of income and cash flows of Holdings and its Subsidiaries delivered by or on behalf of the Borrower to the Administrative Agent or the Lenders during the period prior to the Closing Date in connection with the syndication of the credit facilities evidenced by this Agreement were prepared in good faith on the basis of the assumptions stated therein, which assumptions were reasonable in light of the conditions existing at the time of delivery of such forecasts.