Common use of Funding for Response Beyond 24 Hours Clause in Contracts

Funding for Response Beyond 24 Hours. (a) In those cases where the provisions of Section 6.5 (Response Beyond 24Hours) apply, ECRC shall submit an invoice to Operator for the Marine Spill Response Services provided during the first twenty- four (24) hours following the Initial Request. Unless the Parties otherwise agree, such invoice shall be paid by Operator by the end of the fifth (5th) business day following Operator's receipt of the invoice. (b) After ECRC has submitted the initial invoice, Operator and ECRC shall agree on how Operator will fund the remainder of the initial seven (7) day period and, if applicable, each seven (7) day period thereafter during which it is anticipated that Marine Spill Response Services will be provided by ECRC. In reaching such agreement, Operator shall be required to satisfy ECRC that any method of funding will, when implemented, permit all invoices rendered by ECRC during the relevant period to be paid in full on such terms as are acceptable to ECRC under the circumstances. Any decision to accept any particular method of funding shall be solely within the discretion of ECRC. If the parties are unable to agree on a method of funding acceptable to ECRC, ECRC will require cash. (c) The parties shall set forth in each Work Order, or any amendment of a Work Order, their agreement as to funding and, in the event of any inconsistency between the provisions of a Work Order or any amendment thereof and this Agreement, the provisions of the Work Order or any amendment thereof shall govern. (d) In the event that the parties are unable to agree on an acceptable means by which Marine Spill Response Services are to be funded in any seven (7) day period or portion thereof, ECRC shall cease to provide Marine Spill Response Services and shall carry out any required demobilization activities, and Operator shall pay all outstanding ECRC Fees and Taxes, including all ECRC Fees and Taxes set forth on any final invoice submitted by ECRC.

Funding for Response Beyond 24 Hours. (a) In those cases where the provisions of Section 6.5 (Response Beyond 24Hours) applyWCMRC may, ECRC shall when reasonably practical, as determined by WCMRC in its sole discretion, submit an invoice or invoices to Operator Subscriber for the Marine Spill Response Services that have been provided during the first twenty- twenty-four (24) hours following the Initial Request. Unless the Parties parties otherwise agree, such invoice invoice(s) shall be paid by Operator Subscriber by the end of the fifth tenth (5th10th) business day following Operator's Subscriber’s receipt of the invoice. (b) After ECRC WCMRC has submitted the initial invoiceinvoice(s), Operator Subscriber and ECRC WCMRC shall agree on how Operator Subscriber will fund the remainder of the initial seven (7) day period and, if applicable, each seven (7) day period thereafter during which it is anticipated that Marine Spill Response Services will be provided by ECRCresponse. In reaching such agreement, Operator Subscriber shall be required to satisfy ECRC WCMRC that any method of funding will, when implemented, permit all invoices rendered by ECRC WCMRC during the relevant period to be paid in full on such terms as are acceptable to ECRC WCMRC under the circumstances. Any decision to accept any particular method of funding shall be solely within the discretion of ECRCWCMRC. If the parties are unable to agree on a method of funding acceptable to ECRCWCMRC, ECRC WCMRC will require cash. Notwithstanding the foregoing, WCMRC will, in its discretion, submit invoices from time to time for any services rendered under this Agreement that have not yet been paid for and Subscriber will pay the amounts due under such invoices by the end of the tenth (10th) business day following Subscriber’s receipt of such invoices. (c) The Unless otherwise agreed by the parties in writing, the parties shall set forth in each Work Order, or any amendment of a Work Order, their agreement as to funding and, in the event of any inconsistency between the provisions of a Work Order or any amendment thereof and this Agreement, the provisions of the Work Order or any amendment thereof shall govern. (d) In the event that the parties are unable to agree on an acceptable means by which Marine Spill Response Services are to be funded in any seven (7) day period or portion thereoffunded, ECRC WCMRC shall cease to provide Marine Spill Response Services and shall carry out any required demobilization activities, and Operator Subscriber shall pay all outstanding ECRC WCMRC Fees and Taxes, including all ECRC WCMRC Fees and Taxes set forth on any final invoice submitted by ECRCWCMRC.

Funding for Response Beyond 24 Hours. (a) In those cases where the provisions of Section 6.5 4.6 (Response Beyond 24Hours24 Hours) apply, ECRC shall WCMRC shall, when reasonably practical, as determined by WCMRC in its sole discretion, submit an invoice or invoices to Operator Subscriber for the Marine Spill Response Services that have been provided during the first twenty- twenty-four (24) hours following the Initial Request. Unless the Parties parties otherwise agree, such invoice invoice(s) shall be paid by Operator Subscriber by the end of the fifth tenth (5th10th) business day following Operator's Subscriber’s receipt of the invoice. (b) After ECRC WCMRC has submitted the initial invoiceinvoice(s), Operator Subscriber and ECRC WCMRC shall agree on how Operator Subscriber will fund the remainder of the initial seven (7) day period following the Spill and, if applicable, each seven (7) day period thereafter during which it is anticipated that Marine Spill Response Services will be provided by ECRCWCMRC. In reaching such agreement, Operator Subscriber shall be required to satisfy ECRC WCMRC that any method of funding will, when implemented, permit all invoices rendered by ECRC WCMRC during the relevant period to be paid in full on such terms as are acceptable to ECRC WCMRC under the circumstances. Any decision to accept any particular method of funding shall be solely within the discretion of ECRCWCMRC. If the parties are unable to agree on a method of funding acceptable to ECRCWCMRC, ECRC WCMRC will require cash. Notwithstanding the foregoing, WCMRC will, in its discretion, submit invoices from time to time for any services rendered under this Agreement that have not yet been paid for and Subscriber will pay the amounts due under such invoices by the end of the tenth (10th) business day following Subscriber’s receipt of such invoices. (c) The Unless otherwise agreed by the parties in writing, the parties shall set forth in each Work Order, or any amendment of a Work Order, their agreement as to funding and, in the event of any inconsistency between the provisions of a Work Order or any amendment thereof and this Agreement, the provisions of the Work Order or any amendment thereof shall govern. (d) In the event that the parties are unable to agree on an acceptable means by which Marine Spill Response Services are to be funded in any seven (7) day period or portion thereof, ECRC WCMRC shall cease to provide Marine Spill Response Services and shall carry out any required demobilization activities, and Operator Subscriber shall pay all outstanding ECRC WCMRC Fees and Taxes, including all ECRC WCMRC Fees and Taxes set forth on any final invoice submitted by ECRCWCMRC.

Funding for Response Beyond 24 Hours. (a) In those cases where the provisions of Section 6.5 (Response Beyond 24Hours) applyWCMRC may, ECRC shall when reasonably practical, as determined by WCMRC in its sole discretion, submit an invoice or invoices to Operator Subscriber for the Marine Spill Response Services that have been provided during the first twenty- four (24) hours following the Initial Request. Unless the Parties parties otherwise agree, such invoice invoice(s) shall be paid by Operator Subscriber by the end of the fifth tenth (5th10th) business day following Operator's Subscriber’s receipt of the invoice. (b) After ECRC WCMRC has submitted the initial invoiceinvoice(s), Operator Subscriber and ECRC WCMRC shall agree on how Operator Subscriber will fund the remainder of the initial seven (7) day period and, if applicable, each seven (7) day period thereafter during which it is anticipated that Marine Spill Response Services will be provided by ECRCresponse. In reaching such agreement, Operator Subscriber shall be required to satisfy ECRC WCMRC that any method of funding will, when implemented, permit all invoices rendered by ECRC WCMRC during the relevant period to be paid in full on such terms as are acceptable to ECRC WCMRC under the circumstances. Any decision to accept any particular method of funding shall be solely within the discretion of ECRCWCMRC. If the parties are unable to agree on a method of funding acceptable to ECRCWCMRC, ECRC WCMRC will require cash. Notwithstanding the foregoing, WCMRC will, in its discretion, submit invoices from time to time for any services rendered under this Agreement that have not yet been paid for and Subscriber will pay the amounts due under such invoices by the end of the tenth (10th) business day following Subscriber’s receipt of such invoices. (c) The Unless otherwise agreed by the parties in writing, the parties shall set forth in each Work Order, or any amendment of a Work Order, their agreement as to funding and, in the event of any inconsistency between the provisions of a Work Order or any amendment thereof and this Agreement, the provisions of the Work Order or any amendment thereof shall govern. (d) In the event that the parties are unable to agree on an acceptable the means by which Marine Spill Response Services are to be funded in any seven (7) day period or portion thereoffunded, ECRC WCMRC shall cease to provide Marine Spill Response Services and shall carry out any required demobilization Demobilization activities, and Operator Subscriber shall pay all outstanding ECRC WCMRC Fees and Taxes, including all ECRC WCMRC Fees and Taxes set forth on in any final invoice submitted by ECRCWCMRC.

Funding for Response Beyond 24 Hours. (a) In those cases where the provisions of Section 6.5 4.6 (Response Beyond 24Hours24 Hours) apply, ECRC shall WCMRC shall, when reasonably practical, as determined by WCMRC in its sole discretion, submit an invoice or invoices to Operator Subscriber for the Marine Spill Response Services that have been provided during the first twenty- twenty-four (24) hours following the Initial Request. Unless the Parties parties otherwise agree, such invoice invoice(s) shall be paid by Operator Subscriber by the end of the fifth tenth (5th10th) business day following Operator's Subscriber’s receipt of the invoice. (b) After ECRC WCMRC has submitted the initial invoiceinvoice(s), Operator Subscriber and ECRC WCMRC shall agree on how Operator Subscriber will fund the remainder of the initial seven (7) day period and, if applicable, each seven (7) day period thereafter during which it is anticipated that Marine Spill Response Services will be provided by ECRCresponse. In reaching such agreement, Operator Subscriber shall be required to satisfy ECRC WCMRC that any method of funding will, when implemented, permit all invoices rendered by ECRC WCMRC during the relevant period to be paid in full on such terms as are acceptable to ECRC WCMRC under the circumstances. Any decision to accept any particular method of funding shall be solely within the discretion of ECRCWCMRC. If the parties are unable to agree on a method of funding acceptable to ECRCWCMRC, ECRC WCMRC will require cash. Notwithstanding the foregoing, WCMRC will, in its discretion, submit invoices from time to time for any services rendered under this Agreement that have not yet been paid for and Subscriber will pay the amounts due under such invoices by the end of the tenth (10th) business day following Subscriber’s receipt of such invoices. (c) The Unless otherwise agreed by the parties in writing, the parties shall set forth in each Work Order, or any amendment of a Work Order, their agreement as to funding and, in the event of any inconsistency between the provisions of a Work Order or any amendment thereof and this Agreement, the provisions of the Work Order or any amendment thereof shall govern. (d) In the event that the parties are unable to agree on an acceptable means by which Marine Spill Response Services are to be funded in any seven (7) day period or portion thereoffunded, ECRC WCMRC shall cease to provide Marine Spill Response Services and shall carry out any required demobilization activities, and Operator Subscriber shall pay all outstanding ECRC WCMRC Fees and Taxes, including all ECRC WCMRC Fees and Taxes set forth on any final invoice submitted by ECRCWCMRC.