Emergency Takeover Sample Clauses

Emergency Takeover. A. Specifications: 1. In the event MVEMSA reasonably determines that an actual, anticipated or threatened material breach has or will occur, or that a labor dispute has prevented performance, and if the nature of the breach is, in MVEMSA Executive Director’s sole determination, such that public health and safety are endangered, and after Contractor has been given notice and reasonable opportunity to correct deficiency, the matter shall be presented to the MVEMSA JPA Board of Directors. If the Board concurs that a breach has occurred, and that health and safety would be endangered by allowing Contractor to continue its operations, Contractor shall cooperate fully with MVEMSA to affect an immediate takeover by MVEMSA of Contractor's ambulances and comfort stations. Such Emergency Takeovershall be effected within not more than 72 hours after Board of Supervisors' action. 2. In the event of an Emergency Takeover, MVEMSA may lease for a period of twelve
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Emergency Takeover. In the event that the Shelter Management Agency is unable to provide Services for any reason whatsoever, including for reason of Force Majeure, DUSIB may, at its sole discretion, take over the provision of the Services and the Project Facilities and may in such circumstances requisition the use of the Equipment used by the Shelter Management Agency and the Shelter Management Agency shall allow the use of such Equipment by DUSIB (“Emergency Takeover”). An Emergency Takeover pursuant to this provision shall not extend beyond a period of sixty (60) days. In the event DUSIB determines to extend the Emergency Takeover beyond the said period of sixty (60) days, it shall terminate this Agreement and pay the Shelter Management Agency the book value of the Equipment and the termination payments pursuant to the provisions of this Agreement.
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Emergency Takeover. The County shall have the right to pursue Contractor for damages and the right of Emergency takeover as set forth in Section 20 of this Agreement. All County's remedies shall be non-exclusive and shall be in addition to any other remedy available to the County.
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Emergency Takeover a. In the event County determines that a material breach has occurred, or that a labor dispute will prevent performance, and if Contract Manager determines in his sole discretion that public health and safety are endangered, and after Contractor has been given notice and reasonable opportunity to correct the deficiency, the matter shall be presented to the Board of Supervisors. If the Board of Supervisors finds that a breach has occurred and that health and safety would be endangered by allowing Contractor to continue providing services pursuant to this Contract, Contractor shall cooperate fully with County to effect an immediate emergency takeover by County of Contractor's ambulances and crew stations. Such takeover shall be completed within 72 hours after action by the Board of Supervisors. b. In the event of an emergency takeover, Contractor shall deliver to County the ambulances and associated equipment used in the performance of this Contract, including supervisors' vehicles. Each ambulance shall be equipped, at a minimum, with the equipment and supplies necessary for the operation of an ALS ambulance in accordance with Contra Costa County ALS Policies and Procedures. Equipment shall include the supplies at the minimum stocking levels for an ALS Ambulance. c. Contractor shall deliver all ambulances, crew stations, and other facilities located in Contra Costa County and used pursuant to this Contract for storage or maintenance of vehicles, equipment, or supplies to the County in mitigation of any damages to the County. However, during the County's takeover of the ambulances, equipment, and facilities, County and Contractor shall be considered Lessee and Lessor, respectively. Monthly rent payable to Contractor shall be equal to the aggregate monthly amount of Contractor's debt service on the vehicles and equipment and occupancy charges as documented by Contractor and as verified by the County Auditor. The County Auditor shall disburse these payments directly to the Contractor's obligee. In the event an ambulance is unencumbered, or a crew station is not being rented, the County shall pay Contractor the rentals specified in Exhibit J, which is incorporated herein by this reference. d. Nothing herein shall preclude County from pursuing recovery from Contractor of such rental and debt service payments. On the other hand, Contractor shall not be precluded from disputing the Board's findings and the nature and amount of County's alleged damages. However, fai...
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Emergency Takeover. A. If the AGENCY determines that a material breach, actual or threatened, has or will occur or that a labor dispute has prevented performance, and if the nature of the breach is such that public health and safety are endangered, and after CONTRACTOR has been given notice and reasonable opportunity to correct such deficiency, the matter shall be presented to the AGENCY’S JPA Governing Board of Directors (hereinafter referred to as ‘BOARD’). B. If the BOARD concurs that a material breach has occurred, or may occur, and that public health and safety would be endangered by allowing CONTRACTOR to continue its operations, CONTRACTOR shall cooperate fully with the AGENCY to affect an immediate takeover by the AGENCY of CONTRACTOR'S vehicles (ambulances and support vehicles), equipment/supplies and facilities (crew stations) used in the performance of this AGREEMENT. Such takeover shall be effective within not more than 72 hours after a BOARD decision to execute the emergency takeover. C. In the event of an emergency takeover, CONTRACTOR shall deliver to the AGENCY all vehicles, equipment/supplies and facilities used in the performance of this AGREEMENT. All vehicles shall be equipped with the equipment/supplies necessary for operation in accordance with AGENCY policies. CONTRACTOR shall deliver vehicles, equipment/supplies, and facilities to the AGENCY in mitigation of any damages resulting from CONTRACTOR’S breach. D. During the AGENCY’S takeover of vehicles, equipment/supplies and facilities, the AGENCY and CONTRACTOR shall be considered lessee and lessor, respectively. Monthly rent payable to CONTRACTOR shall be equal to the fair market value on vehicles, equipment/supplies, and facilities, as documented by an independent valuation. E. Nothing herein shall preclude the AGENCY from seeking to recover from CONTRACTOR such rental payments as elements of damage from a breach of this AGREEMENT. However, CONTRACTOR shall not be precluded from disputing the BOARD’S findings or the nature and amount of the AGENCY’S damages, if any, through litigation. F. Failure on the part of CONTRACTOR to cooperate fully with the AGENCY to affect a safe/smooth takeover of operations shall itself constitute a breach of this AGREEMENT, even if it is later determined that the original declaration of breach by the BOARD was made in error. G. The AGENCY shall have the right to authorize the use of CONTRACTOR’S vehicles, equipment/supplies, and facilities by a substitute contractor. Shoul...
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Emergency Takeover. 24.1 If SEMSC determines that Medic is in major breach of this Agreement which endangers public health and safety and directs an emergency takeover then such takeover shall proceed as follows: 24.1.1 Medic’s ambulances and equipment (under Medic’s legal control) and records necessary for the performance of services shall be deemed assigned to SEMSC during the takeover period. Medic shall promptly deliver to SEMSC all such equipment used in providing services under this Agreement. Medic’s assignment to SEMSC shall include the number of vehicles used by Medic’s System Status Plan for the peak hour of the day, peak day of the week, and for emergency ambulance services under the terms of this Agreement. Each vehicle shall be equipped at level in accordance with its utilization in Medic’s System Status Plan and in accordance with SEMSC Agency policies, including all supplies necessary for minimum stocking levels of such vehicles. 24.1.2 Under such assignment and in order to maintain continuous delivery of service, SEMSC may take possession of all Medic ambulances, equipment, and records under Medic’s control and necessary for the performance of this Agreement. SEMSC may retain possession of such ambulances, equipment, facilities and records until reasonable replacement items can be acquired by SEMSC or another provider is engaged to perform services. SEMSC shall be entitled to joint use of Medic’s dispatch facilities until an appropriate alternative dispatch facility can be obtained. 24.1.3 Should Medic fail to voluntarily deliver possession of the ambulances, equipment, dispatch facilities and records after a finding of major breach and implementation of a takeover by SEMSC, SEMSC may immediately apply cx parte, for an order enforcing the emergency takeover provisions of this agreement, without notice to Medic, subject to the provisions of this Paragraph 24.1. 24.1.4 Should SEMSC exercise this option, it shall pay Medic the reasonable rental value of such equipment and facilities during the time they are used by SEMSC. Liability of SEMSC to Medic for this period will be that of a service for hire, with ordinary wear and tear exempt from such liability. The County Auditor shall arrange for an independent third party to determine the fair rental value of such items and the payment schedule that will prevail during the term of the takeover. Xxxxxx County Auditor/Controller, as fiscal agent for the SEMSC, shall disburse any payments that are made to Medic during t...
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Emergency Takeover. (a) In the event that the Concessionaire is unable to operate the Project Facilities for any reason whatsoever, including for reason of Force Majeure, DUSIB may, at its sole discretion, take over the operations and may in such circumstances requisition the use of the Project Facilities used by the Concessionaire and the Concessionaire shall allow the use of the Project Facilities by DUSIB (“Emergency Takeover”). (b) An Emergency Takeover pursuant to this provision shall not extend beyond a period of 60 (sixty) days. In the event DUSIB determines to extend the Emergency Takeover beyond the said period of 60 (sixty) days, it shall terminate this Agreement and pay the Concessionaire the Total Balance Value of MTV as the termination payments pursuant to the provisions of this Agreement. However, DUSIB shall deduct amounts towards any outstanding dues, which may have accrued in respect of the Project during the Concession Period.
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Emergency Takeover. 29 A. If the AGENCY determines that a material breach, actual or threatened, has or will 30 occur or that a labor dispute has prevented performance, and if the nature of the 31 breach is such that public health and safety are endangered, and after 1 CONTRACTOR has been given notice and reasonable opportunity to correct such 2 deficiency, the matter shall be presented to the AGENCY’S JPA Governing Board of 4 B. If the BOARD concurs that a material breach has occurred, or may occur, and that 5 public health and safety would be endangered by allowing CONTRACTOR to continue 6 its operations, CONTRACTOR shall cooperate fully with the AGENCY to affect an 7 immediate takeover by the AGENCY of CONTRACTOR'S vehicles (ambulances and 8 support vehicles), equipment/supplies and facilities (crew stations) used in the 9 performance of this AGREEMENT. Such a takeover shall be effective within not more 10 than 72 hours after a BOARD decision to execute the emergency takeover. 11 C. In the event of an emergency takeover, CONTRACTOR shall deliver to the AGENCY 12 all vehicles, equipment/supplies and facilities used in the performance of this 13 AGREEMENT. All vehicles shall be equipped with the equipment/supplies necessary 14 for operation in accordance with AGENCY policies. CONTRACTOR shall deliver 15 vehicles, equipment/supplies, and facilities to the AGENCY in mitigation of any 16 damages resulting from CONTRACTOR’S breach. 17 D. During the AGENCY’S takeover of vehicles, equipment/supplies and facilities, the 18 AGENCY and CONTRACTOR shall be considered lessee and lessor, respectively.
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Emergency Takeover. If EM has terminated the Agreement for an Emergency Breach, MHSNB shall cooperate fully and immediately with EM to effect the takeover of MHSNB’s operations (an “Emergency Takeover”) in accordance with this Agreement. MHSNB shall be deemed to have cooperated fully with the Emergency Takeover if the chief executive officer of MHSNB resigns and a chief executive officer selected by EM is appointed with full authority to operate MHSNB’s operations and with responsibilities to report to EM and MHSNB but to take direction with respect to the operation of the Extra-Mural Program Services only from EM. An Emergency Takeover shall be effected within seventy-two (72) hours after the determination that an Emergency Breach has occurred. These provisions are specifically stipulated and agreed to by both parties as being reasonable and necessary to protect the health and safety of residents and visitors of the Province of New Brunswick, and that any legal dispute concerning the finding that an Emergency Breach has occurred shall be initiated and shall take place only after the Emergency Takeover has been completed. MHSNB shall not be prohibited from disputing any finding of Major Breach through litigation, provided, however, that such litigation shall not have the effect of delaying any Emergency Takeover. Neither shall such dispute by MHSNB delay EM’s access to the Set- off as defined in Section 6 herein. Neither MHSNB’s cooperation with and full support of such Emergency Takeover nor MHSNB’s acquiescence to the Set-off shall be construed as acceptance by MHSNB of a finding of Major Breach, nor shall either jeopardize MHSNB’s right to recovery should a court later find that the declaration of Major Breach was made in error.
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Related to Emergency Takeover

  • Emergency Transition Registry Operator agrees that, in the event that any of the emergency thresholds for registry functions set forth in Section 6 of Specification 10 is reached, ICANN may designate an emergency interim registry operator of the registry for the TLD (an “Emergency Operator”) in accordance with ICANN’s registry transition process (available at <xxxx://xxx.xxxxx.xxx/en/resources/registries/transition-­‐processes>) (as the same may be amended from time to time, the “Registry Transition Process”) until such time as Registry Operator has demonstrated to ICANN’s reasonable satisfaction that it can resume operation of the registry for the TLD without the reoccurrence of such failure. Following such demonstration, Registry Operator may transition back into operation of the registry for the TLD pursuant to the procedures set out in the Registry Transition Process, provided that Registry Operator pays all reasonable costs incurred (i) by ICANN as a result of the designation of the Emergency Operator and (ii) by the Emergency Operator in connection with the operation of the registry for the TLD, which costs shall be documented in reasonable detail in records that shall be made available to Registry Operator. In the event ICANN designates an Emergency Operator pursuant to this Section 2.13 and the Registry Transition Process, Registry Operator shall provide ICANN or any such Emergency Operator with all data (including the data escrowed in accordance with Section 2.3) regarding operations of the registry for the TLD necessary to maintain operations and registry functions that may be reasonably requested by ICANN or such Emergency Operator. Registry Operator agrees that ICANN may make any changes it deems necessary to the IANA database for DNS and WHOIS records with respect to the TLD in the event that an Emergency Operator is designated pursuant to this Section 2.13. In addition, in the event of such failure, ICANN shall retain and may enforce its rights under the Continued Operations Instrument.

  • Emergency Thresholds The following matrix presents the emergency thresholds that, if reached by any of the services mentioned above for a TLD, would cause the emergency transition of the Registry for the TLD as specified in Section 2.13 of this Agreement. DNS Service (all servers) 4-hour total downtime / week DNSSEC proper resolution 4-hour total downtime / week EPP 24-hour total downtime / week RDDS (WHOIS/Web-based WHOIS) 24-hour total downtime / week Data Escrow Breach of the Registry Agreement as described in Specification 2, Part B, Section 6.

  • Flood Disaster Protection This contract is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L.93-234). Nothing included as a part of this contract is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary of HUD as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the National Flood Insurance Program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this contract for such acquisition for construction in such identified areas in communities then participating in the National Flood Insurance Program shall be subject to the mandatory purchase of flood insurance requirements or Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Contract shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of Flood Disaster Protection Act of 1973.

  • Application of Takeover Protections The Company and the Board of Directors have taken all necessary action, if any, in order to render inapplicable any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or other similar anti-takeover provision under the Company’s certificate of incorporation (or similar charter documents) or the laws of its state of incorporation that is or could become applicable to the Purchasers as a result of the Purchasers and the Company fulfilling their obligations or exercising their rights under the Transaction Documents, including without limitation as a result of the Company’s issuance of the Securities and the Purchasers’ ownership of the Securities.

  • Emergency Situation In the event of an emergency situation beyond our reasonable control, such as an "act of God," war, fire, or natural disaster, services involving your account could be available only in a modified or reduced form or could be entirely unavailable. Unless expressly prohibited by applicable law, you agree that we will have no liability to you for such modification, reduction, or unavailability of services caused by an emergency situation.

  • Emergency Leave Notwithstanding any provisions for leave in this Agreement, the Employer may grant leave of absence with or without pay to an employee in emergency or unusual circumstances.

  • Xxxxx Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).

  • Emergency Situations If the condition is an emergency, this will be communicated to the Contractor with the request that corrections are to be accomplished immediately. The Contractor shall respond to the notice in emergency situations within twenty-four hours. If the Contractor fails to respond within this time limit, the Owner may correct the defect and charge the Contractor for the Work. If it is determined the complaint is not the responsibility of the Contractor, the Contractor shall be promptly paid for the cost of the corrective work. The Contractor shall give notice in writing to the Owner when corrections have been completed.

  • Emergency A circumstance requiring immediate action; a sudden, unexpected happening; an unforeseen occurrence or condition.

  • Emergency Service Leave Where employees' services are required for emergency operations by request from Provincial Emergency Programs or appropriate police authority, leave from work as required may be granted without loss of basic pay. If any remuneration, other than for expenses, is received, it shall be remitted to the Employer.

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