Major Capital Equipment Replacement Contractor Sample Clauses

Major Capital Equipment Replacement Contractor. In order to accomplish any Major Capital Equipment Replacement Project, the Regional Board shall select and retain the services of a qualified contractor experienced and knowledgeable in the business of replacing Major Capital Equipment used in operating and maintaining environmental remediation projects, including, without limitation, remediation projects at former mine sites or mining-impacted sites, similar in scale to the Remedial Action for the Site (a “Major Capital Equipment Replacement Contractor”). Without interfering with contracting procedures dictated by State law or the written contracting policies and procedures of General Services, Atlantic Richfield shall have a reasonable opportunity, but not an obligation, to provide, at its own expense, input to the Regional Board on the selection of any Major Capital Equipment Replacement Contractor. Subject to the need to consider Atlantic Richfield’s input in good faith, the Regional Board will be responsible for making final decisions about the selection and retention of any Major Capital Equipment Replacement Contractor. Unless it results in commercially unreasonable terms, the Regional Board shall use good faith efforts to contract for the replacement of any item of Major Capital Equipment on a guaranteed, fixed-price basis, that is, pursuant to an agreement containing the Major Capital Equipment Replacement Contractor’s commitment to replace the item of Major Capital Equipment for a contractually guaranteed fixed price.