Intentional Adverse Effect by Applicants Sample Clauses

Intentional Adverse Effect by Applicants. [DOT]: The FHWA is prohibited by Section 110(k) of the National Historic Preservation Act from approving any DOT project to be constructed with federal funding participation if it knows that the DOT, with the intent to avoid the requirements of Section 106, has intentionally significantly and adversely affected a Historic Property located within the project’s corridor, or did not prevent the adverse effect from happening when it had the legal power to do so. The only exception to this rule is that the FHWA may approve such a project if it has first consulted with the Council on the matter and then determined that the particular project circumstances justify the approval even though the adverse effect has occurred. In this event, the FHWA must consider the Council’s opinion in the matter, and must notify the Council, the SHPO and any other parties known to be interested in the project before approving the project. Section 800.9(c) of the regulations contains several specific steps the FHWA must take to approve such a project when Section 110(k) applies. In the event the Iowa agencies should be faced with this specific situation, they would follow the steps outlined in this section of the regulations to ensure that their compliance with Section 106 is not jeopardized. The reader is referred to Section 800.9(c) of the regulations for additional information about the required steps.
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Related to Intentional Adverse Effect by Applicants

  • Company Material Adverse Effect Since the date of this Agreement, there shall not have been any Company Material Adverse Effect or any event, change, or effect that would, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect.

  • Absence of Company Material Adverse Effect Since the date of this Agreement, there shall not have been any event, change, effect or development that, individually or in the aggregate, has had or would reasonably be expected to have a Company Material Adverse Effect.

  • Absence of Material Adverse Effect Since the date of this Agreement, there shall not have been any event, change or occurrence that, individually or in the aggregate, has had or would reasonably be expected to have a Company Material Adverse Effect.

  • Notice of Material Adverse Effect The Company shall notify the Buyer (and any subsequent holder of the Debentures), as soon as practicable and in no event later than three (3) business days of the Company’s knowledge of any Material Adverse Effect on the Company. For purposes of the foregoing, “knowledge” means the earlier of the Company’s actual knowledge or the Company’s constructive knowledge upon due inquiry.

  • 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.