Common use of Maintaining the Baseline Conditions Clause in Contracts

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).