Common use of Termination for Noncompliance Clause in Contracts

Termination for Noncompliance. ‌ Lands enrolled under the Certificate of Inclusion may include tens or hundreds of thousands of acres. If a Partner, after Notice of Noncompliance and subsequent response (or lack thereof), still remains in Notice of Noncompliance on lands enrolled under the Certificate of Inclusion, an appropriate action may be to terminate the Certificate of Inclusion as it relates to the individual easement(s), lease(s) or parcel(s) of land on which the noncompliance occurred. Depending on the scale or scope of the violations, the failure to resolve three Notices of Noncompliance within a three-year period for lands enrolled can result in termination of some or all of the Certificate of Inclusion. The Programmatic Administrator and the Service, however, recognize that termination of the Certificate of Inclusion is a severe and dramatic action limited to unusual circumstances after all efforts to address noncompliance have been exhausted. The Partner shall be notified in writing by the Programmatic Administrator of the proposed termination by certified or registered mail addressed to the contact name in the Certificate of Inclusion. This notice shall identify the lands for which will be terminated, the reason(s) for the termination, and inform the Partner of the right to object to the proposed termination. Upon receipt of a notice of proposed termination, the Partner may file written objection to the proposed action within 45 calendar days of the date the Partner received the notice of proposed termination. The objection must state the reasons why the Partner objects to the proposed termination and may include supporting documentation. The Advisory Committee will review the written objection and all documentation, and will issue a recommendation to the Programmatic Administrator on the proposed termination. The Programmatic Administrator will confer with the relevant the Service CCAA/CCA Coordinator. The Programmatic Administrator will make a decision on the proposed termination within 45 calendar days after the end of the objection period and notify the Partner in writing of its decision and the reasons thereto. The Partner reserves the right to any and all legal remedies, whether at law or in equity, arising from a decision to terminate some or all of the Certificate of Inclusion.

Appears in 1 contract

Sources: Candidate Conservation Agreement With Assurances (Ccaa) and Candidate Conservation Agreement (Cca)

Termination for Noncompliance. Lands enrolled under the Certificate of Inclusion may include tens or hundreds of thousands of acres. If a Partner, after Notice of Noncompliance and subsequent response (or lack thereof), still remains in Notice of Noncompliance on lands enrolled under the Certificate of Inclusion, an appropriate action may be to terminate the Certificate of Inclusion as it relates to the individual easement(s), lease(s) or parcel(s) of land on which the noncompliance occurred. Depending on the scale or scope of the violations, the failure to resolve three Notices of Noncompliance within a three-year period for lands enrolled can result in termination of some or all of the Certificate of Inclusion. The Programmatic Administrator and the Service, however, recognize that termination of the Certificate of Inclusion is a severe and dramatic action limited to unusual circumstances after all efforts to address noncompliance have been exhausted. The Partner shall be notified in writing by the Programmatic Administrator of the proposed termination by certified or registered mail addressed to the contact name in the Certificate of Inclusion. This notice shall identify the lands for which will be terminated, the reason(s) for the termination, and inform the Partner of the right to object to the proposed termination. Upon receipt of a notice of proposed termination, the Partner may file written objection to the proposed action within 45 calendar days of the date the Partner received the notice of proposed termination. The objection must state the reasons why the Partner objects to the proposed termination and may include supporting documentation. The Advisory Committee will review the written objection and all documentation, and will issue a recommendation to the Programmatic Administrator on the proposed termination. The Programmatic Administrator will confer with the relevant the Service CCAA/CCA Coordinator. The Programmatic Administrator will make a decision on the proposed termination within 45 calendar days after the end of the objection period and notify the Partner in writing of its decision and the reasons thereto. The Partner reserves the right to any and all legal remedies, whether at law or in equity, arising from a decision to terminate some or all of the Certificate of Inclusion.

Appears in 1 contract

Sources: Candidate Conservation Agreement With Assurances (Ccaa) and Candidate Conservation Agreement (Cca)

Termination for Noncompliance. Lands enrolled under the Certificate of Inclusion this CI may include tens or hundreds of thousands of acres. If a Partner, after Notice of Noncompliance and subsequent response (or lack thereof), still remains in Notice of Noncompliance on lands enrolled under the Certificate of Inclusionthis CI, an appropriate action may be to terminate the Certificate of Inclusion this CI as it relates to the individual easement(s), lease(s) or parcel(s) of land on which the noncompliance occurred. Depending on the scale or scope of the violations, the failure to resolve three Notices of Noncompliance within a three-year period for lands enrolled can result in termination of some or all of the Certificate of Inclusionthis CI. The Programmatic Program Administrator and the Service, however, recognize that termination of the Certificate of Inclusion this entire CI is a severe and dramatic action limited to unusual circumstances after all efforts to address noncompliance have been exhausted. The DRAFT In issuing the Notice of Noncompliance, the Partner shall be notified in writing by the Programmatic Program Administrator of the proposed termination by certified or registered mail addressed to the contact name in the Certificate Section 14 of Inclusionthis CI. This notice shall identify the lands for which this CI will be terminated, the reason(s) for the termination, and inform the Partner of the right to object to the proposed termination. Upon receipt of a notice of proposed termination, the Partner may file written objection to the proposed action within 45 calendar days of the date the Partner received the notice of proposed termination. The objection must state the reasons why the Partner objects to the proposed termination and may include supporting documentation. The Advisory Committee will review the written objection and all documentation, and will issue a recommendation to the Programmatic Program Administrator on the proposed termination. The Programmatic Program Administrator will confer with the relevant the Service CCAA/CCA Coordinator. The Programmatic Program Administrator will make a decision on the proposed termination within 45 calendar days after the end of the objection period and notify the Partner in writing of its decision and the reasons thereto. The Partner reserves the right to any and all legal remedies, whether at law or in equity, arising from a decision to terminate some or all of the Certificate of Inclusionthis CI.

Appears in 1 contract

Sources: Candidate Conservation Agreement

Termination for Noncompliance. Lands enrolled under the Certificate of Inclusion this CI may include tens or hundreds of thousands of acres. If a Partner, after Notice of Noncompliance and subsequent response (or lack thereof), still remains in Notice of Noncompliance on lands enrolled under the Certificate of Inclusionthis CI, an appropriate action may be to terminate the Certificate of Inclusion this CI as it relates to the individual easement(s), lease(s) or parcel(s) of land on which the noncompliance occurred. Depending on the scale or scope of the violations, the failure to resolve three Notices of Noncompliance within a three-year period for lands enrolled in this CI can result in termination of some or all of the Certificate of Inclusionthis CI. The Programmatic Administrator and the Service, however, recognize that termination of the Certificate of Inclusion this entire CI is a severe and dramatic action limited to unusual circumstances after all efforts to address noncompliance have been exhausted. The Partner shall be notified in writing by the Programmatic Administrator of the proposed termination by certified or registered mail addressed to the contact name in the Certificate Section 15 of Inclusionthis CI. This notice shall identify the lands for which this CI will be terminated, the reason(s) for the termination, and inform the Partner of the right to object to the proposed termination. Upon receipt of a notice of proposed termination, the Partner may file written objection to the proposed action within 45 calendar days of the date the Partner received the notice of proposed termination. The objection must state the reasons why the Partner objects to the proposed termination and may include supporting documentation. The Advisory Committee will review the written objection and all documentation, and will issue a recommendation to the Programmatic Administrator on the proposed termination. The Programmatic Administrator will confer with the relevant the Service CCAA/CCA Coordinator. The Programmatic Administrator will make a decision on the proposed termination within 45 calendar days after the end of the objection period and notify the Partner in writing of its decision and the reasons thereto. The Partner reserves the right to any and all legal remedies, whether at law or in equity, arising from a decision to terminate some or all of the Certificate of Inclusionthis CI.

Appears in 1 contract

Sources: Certificate of Inclusion Application