Common use of Funding for Response Beyond 48 Hours Clause in Contracts

Funding for Response Beyond 48 Hours. (a) WCMRC may, when reasonably practicable, as determined by WCMRC in its sole discretion, submit an invoice to Operator for the Marine Spill Response Services that have been provided during the first twenty-four (24) hours following the Initial Request. Unless the parties otherwise agree, such invoice(s) shall be paid by Operator by the end of the tenth (10th) business day following Operator’s receipt of the invoice. (b) After WCMRC has submitted the initial invoice(s), Operator and WCMRC shall agree on how Operator will fund the remainder of the response. In reaching such agreement, Operator shall be required to satisfy WCMRC that any method of funding will, when implemented, permit all invoices rendered by WCMRC during the relevant period to be paid in full on such terms as are acceptable to WCMRC under the circumstances. Any decision to accept any particular method of funding shall be solely within the discretion of WCMRC. If the parties are unable to agree on a method of funding acceptable to WCMRC, 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 Operator will pay the amounts due under such invoices by the end of the tenth (10th) business day following Operator’s receipt of such invoices. (c) 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 the means by which Marine Spill Response Services are to be funded, WCMRC shall cease to provide Marine Spill Response Services and shall carry out any required Demobilization activities, and Operator shall pay all outstanding WCMRC Fees and Taxes, including all WCMRC Fees and Taxes set forth in any final invoice submitted by WCMRC.

Funding for Response Beyond 48 Hours. (a) WCMRC mayIn those cases where the provisions of Section 4.5 (Response Beyond 48 Hours) apply, when reasonably practicable, as determined by WCMRC in its sole discretion, Applicable Response Organization shall submit an invoice to Operator Owner for the Marine Spill Response Services that have been provided during the first twentyforty-four eight (2448) hours following the Initial Request. Unless the parties otherwise agree, such invoice(s) invoice shall be paid by Operator Owner by the end of the tenth fifth (10th5th) business day following Operator’s Owner's receipt of the invoice. (b) After WCMRC has submitted In conjunction with the initial invoice(s)preparation of the Work Order, Operator Owner and WCMRC Applicable Response Organization shall agree on how Operator Owner will fund the remainder of the response. period during which it is anticipated that Marine Spill Response Services will be provided by Applicable Response Organization In reaching such agreement, Operator Owner shall be required to satisfy WCMRC Applicable Response Organization that any method of funding will, when implemented, permit all invoices rendered by WCMRC Applicable Response Organization during the relevant period to be paid in full on such terms as are acceptable to WCMRC Applicable Response Organization under the circumstances. Any decision to accept any particular method of funding shall be solely within the discretion of WCMRCApplicable Response Organization. If the parties are unable to agree on a method of funding acceptable to WCMRCApplicable Response Organization, WCMRC Applicable Response Organization 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 Operator will pay the amounts due under such invoices by the end of the tenth (10th) business day following Operator’s receipt of such invoices. (c) Unless otherwise agreed by the parties in writing, the The parties shall set forth in each the 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 the an acceptable means by which Marine Spill Response Services are to be funded, WCMRC Applicable Response Organization shall cease to provide Marine Spill Response Services and shall carry out any required Demobilization demobilization activities, and Operator Owner shall pay all outstanding WCMRC Applicable Response Organization Fees and TaxesTaxes due in connection therewith, including all WCMRC Applicable Response Organization Fees and Taxes set forth in on any final invoice submitted by WCMRCApplicable Response Organization.

Funding for Response Beyond 48 Hours. (a) WCMRC may, when reasonably practicable, as determined by WCMRC in its sole discretion, submit an invoice or invoices to Operator Owner for the Marine Spill Response Services that have been provided during the first twenty-four (24) hours following the Initial Request. Unless the parties otherwise agree, such invoice(s) shall be paid by Operator Owner by the end of the tenth (10th) business day following OperatorOwner’s receipt of the invoice. (b) After WCMRC has submitted the initial invoice(s), Operator Owner and WCMRC shall agree on how Operator Owner will fund the remainder of the response. In reaching such agreement, Operator Owner shall be required to satisfy WCMRC that any method of funding will, when implemented, permit all invoices rendered by WCMRC during the relevant period to be paid in full on such terms as are acceptable to WCMRC under the circumstances. Any decision to accept any particular method of funding shall be solely within the discretion of WCMRC. If the parties are unable to agree on a method of funding acceptable to WCMRC, 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 Operator Owner will pay the amounts due under such invoices by the end of the tenth (10th) business day following OperatorOwner’s receipt of such invoices. (c) 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 of 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 the an acceptable means by which Marine Spill Response Services are to be funded, WCMRC shall cease to provide Marine Spill Response Services and shall carry out any required Demobilization activitiesDemobilization, and Operator Owner shall pay all outstanding WCMRC Fees and Taxes, including all WCMRC Fees and Taxes set forth in any final invoice submitted by WCMRC.