Business Variance Letter

BUSINESS VARIANCE LETTER

Letter Date:

WHEREAS

WHEREAS, Grantor: has authority to issue administrative variances under applicable rules and regulations; and

WHEREAS, Applicant: submitted a request dated seeking a variance from the following control, standard or regulation identified by Application No. ; and

WHEREAS, Grantor has reviewed the submission and, subject to the terms and conditions set forth in this Business Variance Letter, finds it appropriate to grant a limited variance as specified below.

SCOPE OF VARIANCE

The Grantor hereby grants to Applicant a variance from the specified requirement(s). The scope of the variance, the permitted deviation, and the specific conditions applicable to the variance are set forth below. Applicant shall operate strictly within the limits and under the conditions described in this section.

CONDITIONS OF GRANT

Applicant shall comply with the following conditions as a condition precedent to the continued effectiveness of this variance. Noncompliance shall constitute grounds for immediate revocation:

1. Applicant shall implement and maintain all mitigation measures described in the Scope of Variance.
2. Applicant shall submit reports demonstrating compliance at the intervals described in Reporting Requirements below.
3. Grantor retains the right to inspect Applicant's facilities and records upon reasonable notice and as necessary to verify compliance.

PAYMENT TERMS

Applicant shall pay fees as consideration for processing, monitoring, and administration of the variance as follows:

TERM AND TERMINATION

This variance shall commence on and shall expire on unless earlier terminated pursuant to the terms below.

Either party may terminate this variance for convenience upon days' prior written notice. Grantor may terminate immediately for cause, including but not limited to material noncompliance, falsification of reports, or imminent threat to health, safety, or the environment. Upon termination, Applicant shall promptly perform any corrective actions required by Grantor.

CONFIDENTIALITY

Subject to any applicable public records or freedom of information laws, Grantor and Applicant shall treat as confidential any information clearly designated in writing as confidential at the time of submission and that reasonably qualifies as confidential business information. Confidential information shall not be disclosed except as required by law or with the disclosing party's prior written consent.

Applicant acknowledges that the variance itself and certain summary information concerning its terms may be retained by Grantor for public record and administrative purposes.

COMPLIANCE, REPRESENTATIONS, AND INDEMNIFICATION

Applicant represents and warrants that all information submitted in support of the variance request is true and complete. Applicant shall comply with all applicable laws and shall indemnify, defend and hold harmless Grantor and its officers, employees, and agents from and against any claims, liabilities, losses, damages, costs and expenses arising out of Applicant's acts or omissions related to the activities authorized by this variance.

GOVERNING LAW

This Business Variance Letter shall be governed by and construed in accordance with the laws of without regard to principles of conflicts of law.

ENTIRE AGREEMENT

This Business Variance Letter, together with any attachments or written schedules incorporated by reference, constitutes the entire agreement between Grantor and Applicant with respect to the subject matter hereof and supersedes all prior oral or written agreements, understandings, and communications relating to the variance.

NOTICES

All notices required or permitted under this Business Variance Letter shall be in writing and delivered to the addresses set forth above or to such other address as a party may designate by written notice to the other.

ADDITIONAL TERMS

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