Forced Curtailment. 5.6.1.1. Where Buyer provides to Seller a Notice of Forced Curtailment, Seller shall curtail the production of the Facility. Forced Curtailment is defined as a curtailment ordered by a) a Government Authority, with reasonable notice; or
Forced Curtailment. In the event that DOE may order a curtailment of operations, such as during a government shutdown at the Idaho National Laboratory (INL) site, that will affect the bargaining unit employees covered under this agreement, the following will apply: • Work will not be done as under normal circumstances. Management will attempt to follow the contract as closely as possible. The Anti-Deficiency Act (ADA) allows for performance of work that enables us to maintain sufficient protection against the threat of harm to human life or property and does not allow for costs to be incurred that have not been appropriated. • Senior employees will be allowed to replace junior employees on excepted positions if the senior employee is qualified and holds all required certifications, licenses, and clearances. Employees, who have chosen to replace junior employees during the curtailment, shall return to their bid positions once the curtailment ends. • If employees are called in to work during the curtailment, seniority shall be followed, using the senior volunteer, junior force concept. However, if an emergent situation arises junior qualified personnel may be called in lieu of seniority. • Employees who are on curtailment leave will not be paid severance pay. The curtailment is not considered a lay-off or normal reduction in force. • Shoe vouchers, safety glasses vouchers and meal per diems will not be honored during the curtailment period. • Use of “029” pay code (time off with pay for Union business) may be honored during the curtailment period. • During the curtailment period, the uniform allowance, and safety bonus will be deferred until the Company receives appropriated allocations. • Licensing Fees will not be paid during this curtailment but will be deferred until the Company receives appropriation allocations. • Union Dues will not be collected from employees who are not working and are in a non-pay status. Employees working or in an active pay status will have dues deducted from their pay (if they have signed and submitted an authorization form prior to the curtailment of operations). • Upon the conclusion of the curtailment, XXX will return to normal operations and will return all employees to work as promptly as possible. Depending on funding, benefits may or may not continue. This will apply to INL as a whole, under the Me-Too concept.
Forced Curtailment. Forced Curtailment is defined as a curtailment ordered by: a) a Government Authority, with reasonable notice; or b) Buyer in response to an instance of Force Majeure. Where Buyer provides to Seller a Notice of Forced Curtailment, Seller shall curtail the production of the Facility. If notice is provided to by Buyer with reasonable time for Seller to respond. Buyer shall have no obligation to pay for Product during the period of Forced Curtailment and Seller shall assume all liability and reimburse Buyer for any costs and charges incurred as a result of Product If notice is provided by Buyer with unreasonable time for Seller to respond, Buyer shall be responsible for costs, charges and liabilities associated with continued Energy production until Seller can curtail production. Buyer shall have no obligation to pay for Product that Seller would have been able to deliver during this time but for the Forced Curtailment. However, for all Product in excess of five percent (5%) of the overall annual production amount curtailed through Forced Curtailment, excluding curtailment due to Force Majeure, Buyer shall pay Seller the Contract Price.
