Emergency Repair Work Clause Samples
The Emergency Repair Work clause authorizes immediate action to address urgent repairs that are necessary to prevent further damage or ensure safety. Typically, this clause allows a party—often the tenant or property manager—to arrange for essential repairs without prior approval if waiting would result in significant harm or risk. For example, if a water pipe bursts or there is an electrical hazard, repairs can be initiated right away and the costs may be reimbursed according to the agreement. This clause ensures that critical issues are resolved promptly, minimizing property damage and protecting occupants, by bypassing standard approval processes in genuine emergencies.
Emergency Repair Work. 5.2.7.1 Developer shall be responsible for procuring and overseeing temporary and/or permanent emergency repair work for the Project. Unless specified otherwise by the Department, Developer shall solicit competitive bids for such work in accordance with policies and procedures established by the Department. The Department shall provide oversight relating to emergency repair work in accordance with the Contract Documents.
5.2.7.2 Developer shall ensure that such repair work is performed in accordance with the Contract Documents and State and federal Law applicable to such repair work, including the requirements of the FHWA Emergency Relief Manual. Further, Developer shall maintain estimates, cost records and supporting documentation in accordance with such Laws, and in a form and content to enable the Department to seek reimbursement for eligible costs from FHWA or FEMA, if applicable.
Emergency Repair Work. 5.2.7.1 Developer shall be responsible for procuring and overseeing temporary and/or permanent emergency repair work for the Project. Developer shall solicit competitive bids for such work if FHWA or FEMA regulations policies or procedures require competitive bidding in order to obtain reimbursement for eligible costs. The Department shall provide oversight relating to emergency repair work in accordance with the Contract Documents.
5.2.7.2 Developer shall ensure that such repair work is performed in accordance with the Contract Documents and State and federal Law applicable to such repair work, including the requirements of the FHWA Emergency Relief Manual. Further, Developer shall maintain estimates, cost records and supporting documentation in accordance with such Laws, and in a form and content to enable the Department to seek reimbursement for eligible costs from FHWA or FEMA, if applicable.
Emergency Repair Work a. As a condition to receiving payment of any Change in Costs for performing Emergency Repair Work as a result of the occurrence of any Compensation Event as described in paragraphs c., (with respect to relevant Public Safety Orders), d., e. and k. of the definition thereof in Part A of Annex A (Definitions and Abbreviations), the O&M Contractor shall competitively bid and contract for such Emergency Repair Work as FHWA’s or FEMA’s or any other equivalent Governmental Authority’s applicable regulations, policies or procedures may require in order for the Enterprises or CDOT to obtain reimbursement for eligible costs.
b. the O&M Contractor shall:
i. ensure that any Emergency Repair Work is performed pursuant to the requirements of this Agreement, Law and FHWA’s, FEMA’s and any other equivalent Governmental Authority’s applicable regulations, policies or procedures, including (as applicable) the FHWA’s “Emergency Relief Manual”; and
ii. maintain estimates, cost records and supporting documentation pursuant to such applicable regulations, policies or procedures, and otherwise in form and substance as reasonably required by the Enterprises.
c. Without limiting the O&M Contractor’s obligations under Part 2, Sections 8.3.4.a and 8.3.4.b, the Developer and, pursuant to the Project Agreement, the Enterprises may, in their discretion, provide oversight of Emergency Repair Work as may be required by FHWA, FEMA or any other equivalent Governmental Authority, or by Law, to preserve eligibility for reimbursement of eligible costs.
Emergency Repair Work i. An emergency is defined as an urgent and unforeseen danger to life, safety and/or property. DEP shall make all determinations as to when emergency Repair Work is required.
ii. Emergency Repair Work shall commence within eight (8) hours from the time the Contractor receives notification that such Work is needed. Such notification may occur anytime, 24 hours a day, 7 days a week including Saturdays, Sundays and holidays.
iii. The Project Manager will prioritize the emergency Repair Work in the event that there is more than one request.
iv. For emergency Repair Work, the Contractor will be paid a premium rate of ten percent (10%) over the applicable bid price rate for Work performed.
v. Upon arrival at the Site, the Contractor shall follow the procedure for Repair Work described in Section 2.3(a)and begin evaluation of the emergency Repair Work.
Emergency Repair Work. 9.2.1 Developer shall be responsible for procuring and overseeing temporary and/or permanent repair work in response to an Emergency for the Project from and after issuance of NTP2. Developer shall solicit competitive bids for such work if FHWA or FEMA regulations, policies or procedures require competitive bidding in order to obtain reimbursement for eligible costs. IFA shall provide oversight relating to such Emergency-related repair work in accordance with the PPA Documents.
9.2.2 Developer shall ensure that such repair work is performed in accordance with the PPA Documents and State and federal Law applicable to such Emergency-related repair work, including the requirements of the FHWA Emergency Relief Manual as most recently published by the FHWA (▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇.▇▇▇/reports/erm/). Further, Developer shall maintain estimates, cost records and supporting documentation in accordance with such Laws, and in a form and content to enable IFA to seek reimbursement for eligible costs from FHWA or FEMA, if applicable.
Emergency Repair Work a. As a condition to receiving payment of any Change in Costs for performing Emergency Repair Work as a result of the occurrence of any Compensation Event as described in paragraphs c., (with respect to relevant Public Safety Orders), d., e. and k. of the definition thereof in Part A of Annex A (Definitions and Abbreviations), the Construction Contractor shall competitively bid and contract for such Emergency Repair Work as FHWA’s or FEMA’s or any other equivalent Governmental Authority’s applicable regulations, policies or procedures may require in order for the Enterprises or CDOT to obtain reimbursement for eligible costs.
b. The Construction Contractor shall:
Emergency Repair Work. 7.2.5.1 Unless specified otherwise by the Owner and as demonstrated by issuance of a corresponding Change Order or Change Directive, as applicable, Developer shall be responsible for procuring and overseeing temporary and/or permanent Emergency repair work for the Project from and after the date of issuance of NTP 2 occurring within Construction Limits (during the Project Construction Period) or the O&M Limits (during the Project Operating Period). If specified by the Owner, Developer shall solicit competitive bids for such work in accordance with the Owner’s policies and procedures. The Owner may, but is not obligated to, provide Oversight relating to Emergency repair work in accordance with the Contract Documents.
7.2.5.2 Developer shall ensure that all Emergency repair work is performed in accordance with Good Industry Practice, the Contract Documents and State and federal Laws applicable to such repair work. Further, Developer shall maintain estimates, cost records and supporting documentation in accordance with such Laws, and in a form and content to enable the Owner to seek reimbursement for eligible costs from the U.S. government, if applicable.
7.2.5.3 When an Emergency causes damage to any Element, the Owner authorizes Developer to pursue claims against any responsible third party for reimbursement of expenses incurred. Such authorization does not, and is not intended to, authorize Developer to seek reimbursement for any Performance Failure that would result if Developer fails to respond to the Emergency in accordance with the Contract Documents.
Emergency Repair Work.
5.2.7.1 Developer shall be responsible for procuring and overseeing temporary and/or permanent emergency repair work for the Project from and after issuance of NTP 3. Developer shall solicit competitive bids for such work if FHWA or FEMA regulations, policies or procedures require competitive bidding in order to obtain reimbursement for eligible costs. The Department shall provide oversight relating to emergency repair work in accordance with the Contract Documents.
5.2.7.2 Developer shall ensure that such repair work is performed in accordance with the Contract Documents and State and federal Law applicable to such repair work, including the requirements of the FHWA Emergency Relief Manual. Further, Developer shall maintain estimates, cost records and supporting documentation in accordance with such Laws, and in a form and content to enable the Department to seek reimbursement for eligible costs from FHWA or FEMA, if applicable.