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.