Maintaining the Baseline Conditions Sample Clauses

Maintaining the Baseline Conditions. The conservation measures described below are expected to maintain the baseline populations of the enrolled properties by providing additional flow, and, therefore, new or improved habitat in Chewacla Creek. The Parties recognize that natural changes in mussel locations and population numbers will occur over the term of this Agreement. Nothing in this Agreement or the associated Permits shall be construed to hold any Party responsible or liable for such natural changes. The baseline can be increased or decreased subject to the following conditions. Any Landowner(s), and Cooperator(s) if applicable, can request a decrease in the baseline conditions for its respective enrolled property if the reduction is the result of unforeseen catastrophic events, such as hurricanes, forest fires, insect/disease/parasite epidemics, and other such events, including but not limited to actions by persons not a party to this Agreement that are beyond the reasonable control of the Landowner and do not occur through the fault or negligence of the Landowner and/or Cooperator(s) if applicable. In such circumstances, the Landowner(s), the Service, and any Cooperator(s) for that enrolled property may agree to revise the Agreement’s baseline conditions for that enrolled property to reflect the new circumstances, rather than terminate the Agreement. Requested decreases to the baseline are at the Service’s discretion based on a thorough evaluation of the information available at the time of the request, such as whether or not the decrease is temporary or permanent. The Service is under no obligation to make such baseline decreases. Increases or decreases to the baseline for an enrolled property shall require the unanimous consent of the respective Landowner(s), the Service, and any applicable Cooperator(s).
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Maintaining the Baseline Conditions. There are no baseline responsibilities for the enrolled property at the time of this Agreement. Therefore, the Cooperator is not responsible for any baseline-dependent actions or activities associated with this Agreement.
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Related to Maintaining the Baseline Conditions

  • Unbundled Loop Modifications (Line Conditioning 2.5.1 Line Conditioning is defined as routine network modification that BellSouth regularly undertakes to provide xDSL services to its own customers. This may include the removal of any device, from a copper Loop or copper Subloop that may diminish the capability of the Loop or Subloop to deliver high-speed switched wireline telecommunications capability, including xDSL service. Such devices include, load coils, excessive bridged taps, low pass filters, and range extenders. Excessive bridged taps are bridged taps that serves no network design purpose and that are beyond the limits set according to industry standards and/or the BellSouth’s TR 73600 Unbundled Local Loop Technical Specification. 2.5.2 BellSouth will remove load coils only on copper Loops and Subloops that are less than eighteen thousand (18,000) feet in length. 2.5.3 For any copper loop being ordered by NewPhone which has over six thousand (6,000) feet of combined bridged tap will be modified, upon request from NewPhone, so that the loop will have a maximum of six thousand (6,000) feet of bridged tap. This modification will be performed at no additional charge to NewPhone. Loop conditioning orders that require the removal of bridged tap that serves no network design purpose on a copper Loop that will result in a combined total of bridged tap between two thousand five hundred (2,500) and six thousand (6,000) feet will be performed at the rates set forth in Exhibit A. 2.5.4 NewPhone may request removal of any unnecessary and non-excessive bridged tap (bridged tap between zero (0) and two thousand five hundred (2,500) feet which serves no network design purpose), at rates pursuant to BellSouth’s SC Process as mutually agreed to by the Parties. 2.5.5 Rates for ULM are as set forth in Exhibit A. 2.5.6 BellSouth will not modify a Loop in such a way that it no longer meets the technical parameters of the original Loop type (e.g., voice grade, ADSL, etc.) being ordered. 2.5.7 If NewPhone requests ULM on a reserved facility for a new Loop order, BellSouth may perform a pair change and provision a different Loop facility in lieu of the reserved facility with ULM if feasible. The Loop provisioned will meet or exceed specifications of the requested Loop facility as modified. NewPhone will not be charged for ULM if a different Loop is provisioned. For Loops that require a DLR or its equivalent, BellSouth will provide LMU detail of the Loop provisioned. 2.5.8 NewPhone shall request Loop make up information pursuant to this Attachment prior to submitting a service inquiry and/or a LSR for the Loop type that NewPhone desires BellSouth to condition. 2.5.9 When requesting ULM for a Loop that BellSouth has previously provisioned for NewPhone, NewPhone will submit a SI to BellSouth. If a spare Loop facility that meets the Loop modification specifications requested by NewPhone is available at the location for which the ULM was requested, NewPhone will have the option to change the Loop facility to the qualifying spare facility rather than to provide ULM. In the event that BellSouth changes the Loop facility in lieu of providing ULM, NewPhone will not be charged for ULM but will only be charged the service order charges for submitting an order.

  • Unsafe Conditions In accordance with 29 CFR § 1977, occasions might arise when an employee is confronted with a choice between not performing assigned tasks or subjecting himself/herself to serious injury or death arising from a hazardous condition at the workplace. If the employee, with no reasonable alternative, refuses in good faith to expose himself/herself to the dangerous condition, he/she would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger by resorting to regular statutory enforcement channels. In addition, in such circumstances, the employee, where possible, must also have sought from his Employer, and been unable to obtain, a correction of the dangerous condition.