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

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.

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.

Emergency Takeover. ‌ In the event that Contractor is in Material Breach of the standards of performance set forth in the Agreement which the LEMSA and the County Board of Supervisors determines represents an imminent threat to public health and safety, County shall have the right to declare a Cardinal Default of the Agreement as set forth below; provided, however, that the County Board of Supervisors determination is not required where the LEMSA reasonably believes that delaying Emergency Takeover to obtaining such a determination itself will present an imminent threat to public health and safety. In the event of a Cardinal Xxxxxxx, LEMSA shall give Contractor written notice, return receipt requested, setting forth with reasonable specificity the nature of the Cardinal Xxxxxxx. Contractor shall have the right to cure such Cardinal Default within seven (7) calendar days of receipt of such notice (“Cardinal Default Cure Period”), unless such Cardinal Default Cure Period presents an imminent threat to public health and safety. Within twenty-four (24) hours of receipt of such notice, Contractor shall deliver to LEMSA, in writing, a plan of action to cure such Cardinal Default within the Cardinal Default Cure Period. If Contractor fails to cure such Cardinal Default within the Cardinal Default Cure Period (with such failure to be determined in the sole and absolute discretion of LEMSA), or LEMSA in its sole and absolute discretion determines that the Cardinal Default Cure Period presents and imminent threat to the public’s health and safety, or Contractor fails to timely deliver the cure plan to the LEMSA/County’s satisfaction, LEMSA may take-over Contractor's operations (“Emergency Takeover”). Contractor shall cooperate completely and immediately with LEMSA to affect a prompt and orderly transfer of all responsibilities to LEMSA. Contractor shall not be prohibited from disputing any such finding of Cardinal Default through litigation, provided, however that such litigation shall not have the effect of delaying, in any way, the immediate Emergency Takeover of operations by the LEMSA. These provisions are specifically stipulated and agreed to by both parties as being reasonable and necessary for the protection of public health and safety, and any legal dispute concerning the finding that a Cardinal Default has occurred shall be initiated and shall take place only after the Emergency Takeover has been completed. Contractor's cooperation with and full support of such Emergency Takeo...

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.

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...

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.

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...

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...