Competing Requests for Services. (a) Notwithstanding any other provision of this Agreement, unless otherwise directed by the appropriate governmental Lead Agency, WCMRC shall have no obligation to make Marine Spill Response Services available to Operator if the resources associated with the provision of such Marine Spill Response Services are already being provided to another person, organization or entity or are otherwise not available. (b) In the event of contemporaneous or overlapping requests for Marine Spill Response Services, Operator acknowledges that WCMRC shall have discretion as to which requests it responds and for avoidance of doubt WCMRC shall respond to the competing requests as directed by the appropriate governmental Lead Agency. The parties acknowledge and agree that contemporaneous or overlapping requests for Marine Spill Response Services may occur both before or after WCMRC has commenced to provide services or responded to Requesting Party hereunder. (c) Where for any reason WCMRC is unable to make available to Operator the resources associated with the provision of Marine Spill Response Services required by Operator, WCMRC agrees that it will make reasonable efforts to assist Operator in establishing arrangements with regard to the provision of such required resources.
Appears in 4 contracts
Samples: Membership Agreement, Membership Agreement, Membership Agreement
Competing Requests for Services. (a) Notwithstanding any other provision of this Agreement, unless otherwise directed by the appropriate governmental Lead Agency, WCMRC shall have no obligation to make Marine Spill Response Services available to Operator Subscriber if the resources associated with the provision of such Marine Spill Response Services are already being provided to another person, organization or entity or are otherwise not available.
(b) In the event of contemporaneous or overlapping requests for Marine Spill Response Services, Operator Subscriber acknowledges that WCMRC shall have discretion as to which requests it responds and for avoidance of doubt WCMRC shall respond to the competing requests as directed by the appropriate governmental Lead Agency. The parties acknowledge and agree that contemporaneous or overlapping requests for Marine Spill Response Services may occur both before or after WCMRC has commenced to provide services or responded to Requesting Party Subscriber hereunder.
(c) Where for any reason WCMRC is unable to make available to Operator Subscriber the resources associated with the provision of Marine Spill Response Services required by OperatorSubscriber, WCMRC agrees that it will make reasonable efforts to assist Operator Subscriber in establishing arrangements with regard to the provision of such required resources.
Appears in 3 contracts
Samples: Subscriber Agreement, Subscriber Agreement, Subscriber Agreement
Competing Requests for Services. (a) Notwithstanding any other provision of this Agreement, unless otherwise directed by the appropriate governmental Lead Agency, WCMRC shall have no obligation to make Marine Spill Response Services available to Operator Subscriber if the resources associated with the provision of such Marine Spill Response Services are already being provided to another person, organization or entity or are otherwise not available.
(b) In the event of contemporaneous or overlapping requests for Marine Spill Response Services, Operator Subscriber acknowledges that WCMRC shall have discretion as to which requests it responds and and, for avoidance of doubt doubt, WCMRC shall respond to the competing requests as directed by the appropriate governmental Lead Agency. The parties acknowledge and agree that contemporaneous or overlapping requests for Marine Spill Response Services may occur both before or after WCMRC has commenced to provide services or responded to Requesting Party Subscriber hereunder.
(c) Where for any reason WCMRC is unable to make available to Operator Subscriber the resources associated with the provision of Marine Spill Response Services required by OperatorSubscriber, WCMRC agrees that it will make reasonable efforts to assist Operator Subscriber in establishing arrangements with regard to the provision of such required resources.
Appears in 2 contracts
Samples: Subscriber Agreement, Subscriber Agreement
Competing Requests for Services. (a) Notwithstanding any other provision of this Agreement, unless otherwise directed by the appropriate governmental Lead Agency, WCMRC shall have no obligation to make Marine Spill Response Services available to Operator Requesting Party if the resources associated with the provision of such Marine Spill Response Services are already being provided to another person, organization or entity or are otherwise not available.
(b) In the event of contemporaneous or overlapping requests for Marine Spill Response Services, Operator Requesting Party acknowledges that WCMRC shall have discretion as to which requests it responds and for avoidance of doubt WCMRC shall respond to the competing requests as directed by the appropriate governmental Lead Agency. The parties acknowledge and agree that contemporaneous or overlapping requests for Marine Spill Response Services may occur both before or after WCMRC has commenced to provide services or responded to Requesting Party hereunder.
(c) Where for any reason WCMRC is unable to make available to Operator Requesting Party the resources associated with the provision of Marine Spill Response Services required by OperatorRequesting Party, WCMRC agrees that it will make reasonable efforts to assist Operator Requesting Party in establishing arrangements with regard to the provision of such required resources.
Appears in 1 contract
Competing Requests for Services. (a) Notwithstanding any other provision of this Agreement, unless otherwise directed by the appropriate governmental Lead Agency, WCMRC shall have no obligation to make Marine Spill Response Services available to Operator Owner if the resources associated with the provision of such Marine Spill Response Services are already being provided to another person, organization or entity or are otherwise not available.
(b) In the event of contemporaneous or overlapping requests for Marine Spill Response Services, Operator Owner acknowledges that WCMRC shall have discretion as to which requests it responds and for avoidance of doubt WCMRC shall respond to the competing requests as directed by the appropriate governmental Lead Agency. The parties acknowledge and agree that contemporaneous or overlapping requests for Marine Spill Response Services may occur both before or after WCMRC has commenced to provide services or responded to Requesting Party hereunder.
(c) Where for any reason WCMRC is unable to make available to Operator Owner the resources associated with the provision of Marine Spill Response Services required by OperatorOwner, WCMRC agrees that it will make reasonable efforts to assist Operator Owner in establishing arrangements with regard to the provision of such required resources.
Appears in 1 contract