Archaeological Mitigation Clause Samples

Archaeological Mitigation. Mitigation plans relating to archaeology shall be covered by treatment plans developed in accordance with Stipulation V(A)(3) and the general guidance documents related to the discipline aforementioned in this Agreement.
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Archaeological Mitigation. In cases where the Undertaking will cause unavoidable adverse effects to NRHP eligible archaeological properties, the Applicant will consult with the SHPO and the Participating Tribe, as appropriate, to determine whether data recovery or another mitigation measure is in the public interest. If data recovery is the agreed upon mitigation measure, the Applicant will consult further with the SHPO and the Participating Tribe, as appropriate, to develop and implement a data recovery plan for those portions of the historic property that will be adversely affected. The data recovery plan will: • be based on firm background data, sound planning, and accepted archaeological methods; • be consistent with applicable State laws and regulations; • be accomplished in a thorough, efficient manner, using the most cost- effective techniques practicable; • provide for appropriate curation of archeological materials and records; • provide for reporting and interpretation of what has been learned in a format understandable and accessible to the public; and, • be consistent with the National Park Service’s Archeology and Historic Preservation: Secretary of the Interior’s Standards and Guidelines (at: ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/history/local- law/arch_stnds_7.htm), and will take into account the ACHP’s publications, Recommended Approach for Consultation on Recovery of Significant Information from Archeological Sites (1999), ACHP Section 106 Archaeology Guidance (at: ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/archguide/), and any archaeological guidance issued by the SHPO.
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Related to Archaeological Mitigation

  • Geological and archaeological finds It is expressly agreed that mining, geological or archaeological rights do not form part of this Agreement with the Contractor for the Works, and the Contractor hereby acknowledges that it shall not have any mining rights or interest in the underlying minerals, fossils, antiquities, structures or other remnants or things either of particular geological or archaeological interest and that such rights, interest and property on or under the Site shall vest in and belong to the Authority or the concerned Government Instrumentality. The Contractor shall take all reasonable precautions to prevent its workmen or any other person from removing or damaging such interest or property and shall inform the Authority forthwith of the discovery thereof and comply with such instructions as the concerned Government Instrumentality may reasonably give for the removal of such property. For the avoidance of doubt, it is agreed that any reasonable expenses incurred by the Contractor hereunder shall be reimbursed by the Authority. It is also agreed that the Authority shall procure that the instructions hereunder are issued by the concerned Government Instrumentality within a reasonable period.

  • Aggravating and Mitigating Factors The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors as described in CARB’s Enforcement Policy. CARB considered whether the violator came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; nature and persistence of the violation, including the magnitude of the excess emissions; compliance history; preventative efforts taken; innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; efforts to attain, or provide for, compliance prior to violation; action taken to mitigate the violation; financial burden to the violator; and voluntary disclosure. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger depending on the unique circumstances of the case.

  • Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following: i) acts of God; ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, plague or other natural calamities; iii) acts of war (whether declared or undeclared), invasion or civil unrest; iv) any requirement, action or omission to act pursuant to any judgment or order of any court or judicial authority in India (provided such requirement, action or omission to act is not due to the breach by the SPG or of any Law or any of their respective obligations under this Agreement); v) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; vi) earthquakes, explosions, accidents, landslides; fire; vii) expropriation and/or compulsory acquisition of the Project in whole or in part by Government Instrumentality; viii) chemical or radioactive contamination or ionizing radiation; or ix) damage to or breakdown of transmission facilities of GETCO/ DISCOMs; x) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years.

  • Hazardous Activities Notwithstanding any other provision of this Lease, Landlord, for itself and its employees, agents and contractors, reserves the right to refuse to perform any repairs or services in any portion of the Premises which, pursuant to Tenant’s routine safety guidelines, practices or custom or prudent industry practices, require any form of protective clothing or equipment other than safety glasses. In any such case, Tenant shall contract with parties who are acceptable to Landlord, in Landlord’s reasonable discretion, for all such repairs and services, and Landlord shall, to the extent required, equitably adjust Tenant’s Share of Operating Expenses in respect of such repairs or services to reflect that Landlord is not providing such repairs or services to Tenant.