Common use of Mutual Aid Clause in Contracts

Mutual Aid. A. As of the date of this Agreement and thereafter, upon notification by an authorized representative of DEP to the OPERATOR of an emergency situation, the OPERATOR will make its designated trainee available immediately to aid the party suffering such emergency in accordance with 30 CFR §49.2(a)(2), provided, however, that its designated trainee shall not then be responding to or engaged in another emergency situation. B. The mine rescue personnel of the OPERATOR will be subject to the direction of the individual or individuals in charge at the site of rescue operations. C. For purposes of this Agreement, “mine rescue operations” shall mean services or work to search for, rescue, or transport a person or persons endangered, trapped, injured, or killed in a mine disaster or emergency situation. The term shall also include: • Any rehabilitation work in the mine which is necessary to search for, rescue, or transport any person or persons in the mine. • Fire fighting and mine recovery work which requires the use of personnel with self- contained breathing apparatus until such time the OPERATOR requesting mine rescue services reasonably determines that additional mine rescue services will not significantly impact the ability of the mine to be preserved or recovered. D. The mine rescue team member’s employer shall be responsible for compensation of said employee for all hours worked related to responding to, and performing work at, mine emergencies. The employer shall also be responsible for providing Workmen’s Compensation insurance as well as any claims against the trainee which may result from such emergency. E. The OPERATOR who may suffer an emergency, as a condition of its entitlement to the services of a mine rescue team member, whose employer has entered into a Mine Rescue Team Agreement with the DEP, shall agree to the following: 1. Reimbursement to the providing operator of wages of team members and all costs related to the services of the team, including but not limited to transportation costs, and out-of pocket expenses while en-route to or from, or at the emergency site. 2. Wage hours and rates of the team members shall be the same as if they had worked a like emergency at the team members' own mine. 3. Reimbursement to the providing operator of wages and costs shall be by invoice of separate costs submitted to the party suffering the emergency with reasonable detail and backup information.

Mutual Aid. A. As of the date of this Agreement and thereafter, upon notification by an authorized representative of DEP to the OPERATOR AUGR of an emergency situation, the OPERATOR AUGR will make its designated trainee available immediately to aid the party suffering such emergency in accordance with 30 CFR §49.2(a)(2), provided, however, that its designated trainee shall not then be responding to or engaged in another emergency situation. B. The mine rescue personnel of the OPERATOR AUGR’s member mines will be subject to the direction of the individual or individuals in charge at the site of rescue operations. C. For purposes of this Agreement, “mine rescue operationswork” shall mean services or work to search for, rescue, or transport a person or persons endangered, trapped, injured, or killed in a mine disaster or emergency situation. The term shall also include: • Any any rehabilitation work in the mine which is necessary to search for, rescue, or transport any person or persons in the mine. • Fire fire fighting and mine recovery work which requires the use of personnel with self- contained breathing apparatus until such time the OPERATOR AUGR member mine requesting mine rescue services reasonably determines that additional mine rescue services will not significantly impact the ability of the mine to be preserved or recovered. D. The mine rescue team member’s employer shall be responsible for compensation of said employee for all hours worked related to responding to, and performing work at, mine emergencies. The employer shall also be responsible for providing Workmen’s Compensation insurance as well as any claims against the trainee which may result from such emergency. E. The OPERATOR who X. XXXX’s member mines that may suffer an emergency, as a condition of its entitlement to the services of a mine rescue team member, whose employer has entered into a Mine Rescue Team Agreement with the DEPAUGR, shall agree to the following: 1. Reimbursement to the providing operator of wages of team members and all costs related to the services of the team, including but not limited to transportation costs, and out-of pocket expenses while en-route to or from, or at the emergency site. 2. Wage hours and rates of the team members shall be the same as if they had worked a like emergency at the team members' own minelocation. 3. Reimbursement to the providing operator of wages and costs shall be by invoice of separate costs submitted to the party suffering the emergency with reasonable detail and backup information.

Mutual Aid. A. As of the date of this Agreement and thereafter, upon notification by an authorized representative of DEP to the OPERATOR OPERATOR’s liaison of an emergency situationat a mine, the OPERATOR will make its designated trainee available mine rescue team members shall immediately respond to aid the party suffering such mine emergency in accordance with 30 CFR §49.2(a)(2), provided, however, that its designated trainee mine rescue team member shall not then be responding to or engaged in another emergency situationsituation or participating in a mine rescue competition/training preventing such response. B. The mine rescue personnel team member of the OPERATOR will be subject to the direction of the individual or individuals in charge at the site of mine where the mine rescue operationswork is to occur. C. For purposes of this Agreement, “mine rescue operationswork” shall mean services or work to search for, rescue, or transport a person or persons endangered, trapped, injured, or killed in a mine disaster or emergency situation. The term shall also include: • Any rehabilitation work in the mine which is necessary to search for, rescue, or transport any person or persons in the mine. • Fire fighting and mine recovery work which requires the use of personnel with self- contained breathing apparatus until such time the OPERATOR requesting mine rescue services reasonably determines that additional mine rescue services will not significantly impact the ability of the mine to be preserved or recovered. D. The mine rescue team member’s employer shall be responsible for compensation of said employee for all hours worked related to responding to, and performing work at, mine emergencies. The employer shall also be responsible for providing Workmen’s Compensation insurance as well as any claims against the trainee mine rescue team member which may result from such emergencymine rescue work. E. The OPERATOR who may suffer an emergency, as a condition of its entitlement to the services of a mine rescue team member, whose employer has entered into a Mine Rescue Team Training Agreement with the DEP, shall agree to the followingagrees to: 1. Reimbursement to Reimburse operators providing the providing operator other rescue team members of the wages of team members and all costs related to the services of the teamteam covered by the other operators, including but not limited to transportation costs, and out-of pocket expenses while en-route to or from, or at the emergency site. 2. Wage hours and rates of the other mine rescue team members shall be the same as if they had worked a like emergency at the team members' own mine. 3. Reimbursement to the other operators providing operator mine rescue team members of wages and costs shall be by invoice of separate costs in reasonable detail with sufficient backup information submitted to the party operator suffering the emergency with reasonable detail and backup information. 4. Forever indemnify and hold the party providing the team member and their successors, heirs, legal representatives, and assigns harmless from and against all claims, demands, suits, actions, or cause of action, judgments and all other liabilities of whatever nature on account of the injury to or death of any person or persons and/or the damage to or destruction of any property or properties arising out of or in any manner connected with or as a result of the transportation of the team to or from the mine of the party requesting team services, their acts and omissions, while both on and off the emergency site and from all matters and things in connection therewith or in consequence thereof