Common use of Unauthorized Take Clause in Contracts

Unauthorized Take. This Agreement does not authorize the take, including incidental take, of any state or federally listed threatened or endangered listed species, or of species that are otherwise protected under FGC. Permittee may be required, as prescribed in the ESA and CESA, to obtain take coverage for federal and state listed species prior to commencement of the project. Any unauthorized take of listed species may result in prosecution and nullification of this Agreement.