Common use of Permit Revocation Clause in Contracts

Permit Revocation. The Service shall not revoke the Permit for any reason except those listed in 50 C.F.R. 13.28(a)(1)-(4), or unless the Covered Activities would be inconsistent with the criteria set forth in 16 U.S.C. § 1539(a)(2)(B)(iv) and this inconsistency has not been remedied. Notwithstanding the foregoing, the Permit will only be revoked if the Service, the Permittees, and other interested parties have not been successful in remedying any such inconsistency through other means. The Permit may be partially revoked with respect to specified Covered Species, or to a portion of the Planning Area or Covered Activities, or in relation to a specific Permittee or specific Permittees. In the event of a partial revocation, the portion of this Permit not subject to the revocation shall remain in full force and effect. All Conservation Measures in the HCP that are continued in effect after any Permit revocation shall be taken into account by the Service and credited toward any future efforts by the Permittees and other parties to ensure that any Covered Actions or Covered Activities are in compliance with requirements of the ESA. This provision shall survive any revocation of the Permit and shall remain in full force and effect. Procedures applicable to any revocation shall be in accordance with the Federal regulations in effect at the time of the revocation; provided however, that, at a minimum, the Permittee shall be afforded the procedural rights set forth in 50 C.F.R. 13.28 in existence on the Effective Date.

Permit Revocation. (a) The Service shall not revoke the Permit for any reason except those listed in 50 C.F.R. 13.28(a)(1)-(4), or unless the Covered Activities would be inconsistent with the criteria set forth in 16 U.S.C. § 1539(a)(2)(B)(iv) and this inconsistency has not been remedied. Notwithstanding the foregoing, the Permit will only be revoked only if the Service, the Permittees, and other interested parties have not been successful in remedying any such inconsistency through other means. . (b) The Permit may be partially revoked with respect to specified Covered Species, or to a portion of the Planning Permit Area or the Covered Activities, or in relation to a specific Permittee or specific Permittees. In the event of a partial revocation, the portion of this Permit not subject to the revocation shall remain in full force and effect. All Conservation Measures in the HCP that are continued in effect after any Permit revocation shall be taken into account by the Service and credited toward any future efforts by the Permittees and other parties to ensure that any Covered Actions or Covered Activities are in compliance with requirements of the ESA. This provision shall survive any revocation of the Permit and shall remain in full force and effect. . (c) Procedures applicable to any revocation shall be in accordance with the Federal federal regulations in effect at the time of the revocation; provided provided, however, that, at a minimum, the Permittee shall be afforded the procedural rights set forth in 50 C.F.R. §13.28 in existence on the Effective Date. In addition, these procedural rights shall be afforded to the other Permittees, including the right for notice and opportunity to cure or mitigate on behalf of the non-performing Permittee. This provision shall survive any revocation of the Permit in whole or in part and shall remain in full force and effect thereafter.