Baseline Conditions Clause Samples
The Baseline Conditions clause establishes the initial state or set of circumstances that exist at the start of a contract or project. It typically details the physical, technical, or operational conditions that both parties agree are present before any work begins, such as the condition of a construction site or the status of existing equipment. By clearly defining these starting conditions, the clause helps prevent disputes over responsibility for pre-existing issues and ensures that any changes or damages can be accurately attributed to the correct party during the course of the agreement.
Baseline Conditions. (a) Each Subsidiary Borrower shall at all applicable times comply with the Baseline Conditions in all material respects.
(b) In the event any Subsidiary Borrower fails, at any applicable time, to comply with any of the Baseline Conditions in any material respect or fails to pay any amount payable hereunder within five (5) Business Days after such amount becomes due in accordance with the terms hereof (a “Non-complying Subsidiary Borrower”), (i) one or more of the other Borrowers shall promptly prepay any and all Loans to and any other obligations under any of the Loan Documents of such Non-complying Subsidiary Borrower (and cash collateralize any Letters of Credit issued for its account unless Kimco is a co-applicant thereof), or (ii) Kimco or any other Subsidiary Borrower that can satisfy each of the Baseline Conditions shall assume (pursuant to a written agreement reasonably satisfactory to the Administrative Agent) any and all Loans to and any other obligations (including in respect of any such Letters of Credit) of such Non-complying Subsidiary Borrower under any of the Loan Documents.
(c) Each Subsidiary Guarantor shall at all applicable times comply with the Baseline Conditions in all material respects and in the event any Subsidiary Guarantor fails, at any time, to comply with any of the Baseline Conditions in any material respect, such Subsidiary Guarantor shall (i) notwithstanding any provision of this Agreement to the contrary, cease to be an Obligated Property Owner for all purposes of this Agreement, and (ii) continue as a Subsidiary Guarantor unless released as provided in Section 10.10(d).
Baseline Conditions. The analysis of simulation results for the baseline conditions is aimed at assessing whether the developed water balance model can provide a realistic overview of the current conditions in the Syros water system. For this purpose, the basic set of indicators presented and commented upon concern water deficits in the urban and agricultural sectors, the production of desalinated water and the current levels of groundwater exploitation. Furthermore, sensitivity analysis is employed to evaluate how assumptions relating to input data influence the model results (uncertainty associated with data used and modelling assumptions). Figure 26 presents the 2010 deficit in the urban and agricultural sectors. As evident, urban water demand is fully met throughout the year (desalination capacity is adequate to meet water demands in all major agglomerations). A very small deficit is experienced in the agglomeration of Chroussa, which relies only on groundwater supply. On the other hand, the deficit in the agricultural sector is not as significant as described by local authorities and stakeholders (yearly coverage ranging between 80 and 90%). This is in line with results from previous studies, which indicate that in most cases farmers resort to deficit irrigation, to cope with the limited supply. The monthly profile of water deficits presented in Figure 26 reveals that these are more pronounced in September, whereas a smaller deficit is experienced in November. The September deficit is due to the fact that both groundwater storage and stored rainwater reach their lowest level at the end of August; thus, at the end of the hydrological year, freshwater availability is at its lowest value, and not enough water is available to meet irrigation demands. Similarly, the small amount of water replenishment in September and October does not allow the coverage of water demands in November, thus resulting in deficit also during that month. Urban Deficit Irrigation Deficit Figure 27 presents results on desalinated water production in the 5 major units of the island. Of the simulated values of water production from individual units, desalinated water production in Hermoupolis is in full agreement with the data obtained by the Municipal Enterprise for Water Supply and Sewerage of Syros- Hermoupolis (the difference between actual and simulated annual production is about 1%). Actual desalinated water production data from the other units were not available. It is further worth noting that d...
Baseline Conditions. Established baseline conditions are qualitative descriptions with associated photographic documentation of the enrolled property environment prior to implementation of this CA, and are mutually agreed to by the Cooperator, ODFW, and the Service. Baseline conditions shall be based on riparian/stream habitat, fish populations, or both, as well as networked population suitability and recovery needs. Determination of baseline conditions will be accomplished through surveys, photos, and discussions between the landowner, ODFW, and the Service.
Baseline Conditions. The following is a complete and full description of agreed upon baseline conditions of the enrolled property that will be maintained for the covered species. Include foraging habitat partition/stand map(s), for all baseline cluster(s). Identify how the baseline was determined, when and how the baseline surveys were conducted, or if the baseline was established based on already-known information or other factors (attach additional pages if necessary).
Baseline Conditions. The baseline determination includes an assessment of the presence or absence of Oregon chub occupying the site prior to introduction or habitat enhancements. The baseline for the Property is set at [#] Oregon chub. extirpate Oregon chub from enrolled lands or render Oregon chub habitat on enrolled lands unsuitable for continued occupation. These events may reduce Oregon chub numbers below original baseline conditions through no fault of or negligence of the Cooperator. The Service recognizes that baseline determinations and population levels may drop temporarily below baseline due to uncontrollable circumstances or stochastic events, even during normal environmental circumstances. In such circumstances the Cooperator, the ODFW, and the Service may agree to revise the Cooperative Agreement baseline conditions to reflect the new circumstances.
Baseline Conditions. Baseline measurements or other suitable information will be established for each issue of concern to establish pre-development levels.
a. The purpose of baseline information is to establish a reference against which to measure and compare to baseline.
b. Baseline data must represent the site in its pre-operational state.
c. Baseline data must adequately characterize the site.
d. Existing information (such as from the EIS, Plan of Operations, Monitoring Data or other published source) may be used to determine baseline.
e. If sufficient baseline information is not available a “control” site will be established to allow a comparison of impacts with unimpacted or comparable areas.
f. Historical information from communities and individuals shall be considered.
g. All baseline information must be maintained in records accessible to the public.
h. If established procedures for collection and quality assurance/quality control of baseline data exist they shall be used.
Baseline Conditions. A description of baseline conditions is presented in the EIS/EIR for this project. See Tables 3, 4, and 5. Forest opening 2,521 989 759 5,454 2,882 11 12,616 Young Forest 6,120 15,282 2,971 12,325 1,804 0 38,502 Mid-successional 12,069 11,014 14,306 25,878 21,140 3,364 87,771 Late Seral 17,461 3,881 5,907 24,440 1,541 6 53,236 Old Growth 71 1,761 153 1,098 3,360 0 6,443 Hardwood 246 221 61 3,010 487 241 4,266 Prairie 0 277 55 973 2,251 281 3,837 Open/non-timber 289 684 721 2,275 1,069 0 5,038 Site Class 1 516 676 1,388 1,711 43 0 4,335 Site Class 2 37,830 32,098 22,342 68,194 27,739 3,334 191,536 Site Class 3 ▇▇▇ ▇▇▇ ▇▇▇ 1,827 2,990 198 5,964 Site Class 8 0 35 14 515 487 89 1,141 Site Class 9 289 954 729 3,206 3,271 281 8,729 Class I 52 56 30 80 44 3 265 Class II 131 123 83 280 118 16 751 Totals 183 179 114 360 161 19 1,017 Class I WLPZs 2,113 2,267 1,256 3,577 1,731 140 11,084 Class II WLPZs 2,995 2,686 1,870 6,312 2,648 356 16,8661/ Totals 5,108 4,953 3,126 9,889 4,378 496 27,951 Paved/rocked 117.0 142.7 50.5 181.1 15.1 4.7 511.1 Dirt 163.6 125.7 123.4 388.4 141.6 7.0 949.7 Stormproofed 9.5 29.1 0 0 0 0 38.6 Reconstructed 8.4 0.5 3.3 16.3 1.6 0 30.1 Abandoned 0.6 1.3 0 0 0 0 1.9 Total existing 299.1 300.9 177.2 585.8 158.3 11.7 1533.0 Low 28,471 29,249 15,263 44,354 12,548 1,905 131,791 Moderate 10,201 4,811 9,201 28,964 20,510 1,651 75,338 High 1 20 108 372 1,331 347 2,178 Extreme 104 27 362 1,151 139 0 1,782 Very Low 557 302 1,614 5,965 4,894 438 13,770 Low 22,842 6,745 9,036 32,046 8,587 382 79,638 Moderate 8,643 2,681 4,724 21,648 8,743 107 46,546 High 2,195 986 1,868 10,805 7,900 7 23,761 Very High 263 364 532 3,557 4,187 0 8,903 Extreme 0 1 5 146 206 0 358 No Data 4,278 23,028 7,155 1,291 11 2,969 38,731 Disturbance index (%)2/ 15.5 16.8 5.9 12.8 4.3 Not known 11.5 1/ The estimate of acreage for Class II streams is 23,668 acres. The number in the table, 16,866, appears to be in error. 2/ The disturbance index values do not include values for landslide and roads.
Baseline Conditions. Each Subsidiary Guarantor shall at all times comply with the Baseline Conditions in all material respects and in the event any Subsidiary Guarantor fails, at any time, to comply with any of the Baseline Conditions in any material respect, such Subsidiary Guarantor shall (i) notwithstanding any provision of this Agreement to the contrary, cease to be an Obligated Property Owner for all purposes of this Agreement, and (ii) continue as a Subsidiary Guarantor unless released as provided in Section 10.10(d) (it being understood that the provisions of clause (i) and (ii) shall be the sole consequences to Kimco and the Subsidiary Guarantors of a Subsidiary Guarantor’s failure to comply with the Baseline Conditions).
Baseline Conditions. Each Subsidiary Guarantor shall at all applicable times comply with the Baseline Conditions in all material respects and in the event any Subsidiary Guarantor fails, at any time, to comply with any of the Baseline Conditions in any material respect, such Subsidiary Guarantor shall (a) notwithstanding any provision of this Agreement to the contrary, cease to be an Obligated Property Owner for all purposes of this Agreement, and (b) continue as a Subsidiary Guarantor unless released as provided in Section 10.10(b).
Baseline Conditions. The Contractor confirms that all work necessary to overcome all baseline site conditions so that the Works are completed in accordance with the Contract has been allowed for in the contract sum and the baseline program.