Buyer Emergency Assumption of Fuel Management Services Sample Clauses

Buyer Emergency Assumption of Fuel Management Services. In the event that the Fuel Manager, due to a Force Majeure Event or any other reason whatsoever (except in the event of a Buyer Event of Default or a good faith dispute between the Parties or Buyer Fault) fails, refuses or is unable to provide any or all Fuel Management Services contemplated hereby and Buyer or any Governmental Body reasonably determines that such failure endangers or menaces the public health, safety or welfare, then in the event and only to the extent of such failure, Buyer shall have the right, upon written notice to the Fuel Manager, during the period of such emergency, to perform the services which the Fuel Manager would otherwise be obligated to perform hereunder. The Fuel Manager agrees that in such event it will in good faith respond to Buyer’s commercially reasonable requests for information and will cooperate during such period by providing FM Services Information and all records, supplier lists and account information, operations and training manuals, as well as provide access to databases to enable Buyer (or its third parties) to perform the Fuel Management Services during such period. The Fuel Manager agrees that, in such event, LIPA may direct the use of any or all of the Operating Assets of the Fuel Manager that are in use by Fuel Manager to provide Fuel Management Services hereunder at the time of such event for the above-mentioned purposes without paying the Fuel Manager or any other Person the FM Services Fee for such possession and use; provided, however, LIPA shall reimburse the Fuel Manager for its substantiated costs incurred due to such possession and use of the Operating Assets. The Parties acknowledge that if Buyer assumes the Fuel Management Services in accordance with this Section 11.13, any applicable cure period provided for in this Agreement for the Fuel Manager’s benefit shall be tolled until such time as the Fuel Manager resumes performance of its obligations hereunder. Buyer’s rights to perform the services anticipated to be performed by the Fuel Manager hereunder shall terminate at the time when such services can in the reasonable judgment of Buyer, be and are resumed by the Fuel Manager. It is further agreed that Buyer may at any time,
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