Common use of Noncompliances Clause in Contracts

Noncompliances. The Seller shall promptly evaluate and resolve any noncompliance with ES&H requirements. If the Seller fails to resolve the noncompliance or if, at any time, the Seller’s acts or failures to act cause substantial harm or an imminent danger to the environment or health and safety of employees or the public, the Company may: (1) Issue an order stopping work in whole or in part. Any stop work order issued by the Subcontract Administrator under this clause (or issued by the Seller to a subcontractor) shall be without prejudice to any other legal or contractual rights of the Company. If the Subcontract Administrator issues a stop work order, an order authorizing the resumption of the work may be issued at the discretion of the Subcontract Administrator. The Seller shall not be entitled to an extension of time or additional fee or damages by reason of, or in connection with, any work stoppage ordered in accordance with this clause. (2) Require, in writing, that the Seller remove from the work site any employee the Company deems unsafe, incompetent, careless, or otherwise objectionable. Replacement of the removed employee shall be at the Seller’s expense and not chargeable to the Company. (3) Require the Seller’s participation, at the Seller’s expense, in the Company’s fact-finding investigations of accidents, injuries, occurrences, and near-misses. (4) Terminate the Agreement for default and pursue any other remedies provided by law or this Agreement. (5) Remove the Seller from consideration for future subcontract awards.

Appears in 29 contracts

Samples: General Terms & Conditions, General Terms & Conditions, Research Agreement (Mascoma Corp)

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Noncompliances. The Seller shall promptly evaluate and resolve any noncompliance with ES&H requirements. If the Seller fails to resolve the noncompliance within a reasonable period of time or if, at any time, the Seller’s acts or failures to act cause substantial harm or an imminent danger to the environment or health and safety of employees or the public, the Company may: (1) Issue an order stopping work in whole or in part. Any stop work order issued by the Subcontract Administrator Procurement Officer under this clause (or issued by the Seller to a subcontractor) shall be without prejudice to any other legal or contractual rights of the Company. If the Subcontract Administrator Procurement Officer issues a stop work order, an order authorizing the resumption of the work may be issued at the discretion of the Subcontract AdministratorProcurement Officer. The Seller shall not be entitled to an extension of time or additional fee or damages by reason of, or in connection with, any work stoppage ordered in accordance with this clause. (2) Require, in writing, that the Seller remove from the work site any employee the Company deems unsafe, incompetent, careless, or otherwise objectionable. Replacement of the removed employee shall be at the Seller’s expense and not chargeable to the Company. (3) Require the Seller’s participation, at the Seller’s expense, in the Company’s fact-finding investigations of accidents, injuries, occurrences, and near-misses. (4) Terminate the Agreement for default and pursue any other remedies provided by law or this Agreement. (5) Remove the Seller from consideration for future subcontract awards.

Appears in 21 contracts

Samples: General Terms & Conditions, General Terms & Conditions, General Terms & Conditions

Noncompliances. The Seller shall promptly evaluate and resolve any noncompliance with ES&H requirements. If the Seller fails to resolve the noncompliance within a reasonable period of time or if, at any time, the Seller’s acts or failures to act cause substantial harm or an imminent danger to the environment or health and safety of employees or the public, the Company may: (1) Issue an order stopping work in whole or in part. Any stop work order issued by the Subcontract Administrator under this clause (or issued by the Seller to a subcontractor) shall be without prejudice to any other legal or contractual rights of the Company. If the Subcontract Administrator issues a stop work order, an order authorizing the resumption of the work may be issued at the discretion of the Subcontract Administrator. The Seller shall not be entitled to an extension of time or additional fee or damages by reason of, or in connection with, any work stoppage ordered in accordance with this clause. (2) Require, in writing, that the Seller remove from the work site any employee the Company deems unsafe, incompetent, careless, or otherwise objectionable. Replacement of the removed employee shall be at the Seller’s expense and not chargeable to the Company. (3) Require the Seller’s participation, at the Seller’s expense, in the Company’s fact-finding investigations of accidents, injuries, occurrences, and near-misses. (4) Terminate the Agreement for default and pursue any other remedies provided by law or this Agreement. (5) Remove the Seller from consideration for future subcontract awards.

Appears in 10 contracts

Samples: General Terms & Conditions, General Terms & Conditions, General Terms & Conditions

Noncompliances. The Seller shall promptly evaluate and resolve any noncompliance or potential noncompliance with ES&H requirements. If the Seller fails to resolve the noncompliance or if, at any time, the Seller’s acts or failures to act cause substantial harm or an imminent danger to the environment or health and safety of employees or the public, the Company may: (1) Issue an order stopping work in whole or in part. Any stop work order issued by the Subcontract Administrator under this clause (or issued by the Seller to a subcontractor) shall be without prejudice to any other legal or contractual rights of the Company. If the Subcontract Administrator issues a stop work order, an order authorizing the resumption of the work may be issued at the discretion of the Subcontract Administrator. The Seller shall not be entitled to an extension of time or additional fee or damages by reason of, or in connection with, any work stoppage ordered in accordance with this clause. (2) Require, in writing, that the Seller remove from the work site any employee the Company deems unsafe, incompetent, careless, or otherwise objectionable. Replacement of the removed employee shall be at the Seller’s expense and not chargeable to the Company. (3) Require the Seller’s participation, at the Seller’s expense, in the Company’s fact-finding investigations of accidents, injuries, occurrences, and near-misses. (4) Terminate the Agreement for default and pursue any other remedies provided by law or this Agreement. (5) Remove the Seller from consideration for future subcontract awards.

Appears in 10 contracts

Samples: General Terms & Conditions, General Terms & Conditions, General Terms & Conditions

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Noncompliances. The Seller shall promptly evaluate and resolve any noncompliance or potential noncompliance with ES&H requirements. If the Seller fails to resolve the noncompliance within a reasonable period of time or if, at any time, the Seller’s acts or failures to act cause substantial harm or an imminent danger to the environment or health and safety of employees or the public, the Company may: (1) Issue an order stopping work in whole or in part. Any stop work order issued by the Subcontract Administrator Procurement Officer under this clause (or issued by the Seller to a subcontractor) shall be without prejudice to any other legal or contractual rights of the Company. If the Subcontract Administrator Procurement Officer issues a stop work order, an order authorizing the resumption of the work may be issued at the discretion of the Subcontract AdministratorProcurement Officer. The Seller shall not be entitled to an extension of time or additional fee or damages by reason of, or in connection with, any work stoppage ordered in accordance with this clause. (2) Require, in writing, that the Seller remove from the work site any employee the Company deems unsafe, incompetent, careless, or otherwise objectionable. Replacement of the removed employee shall be at the Seller’s expense and not chargeable to the Company. (3) Require the Seller’s participation, at the Seller’s expense, in the Company’s fact-finding investigations of accidents, injuries, occurrences, and near-misses. (4) Terminate the Agreement for default and pursue any other remedies provided by law or this Agreement. (5) Remove the Seller from consideration for future subcontract awards.

Appears in 8 contracts

Samples: General Terms & Conditions, Construction Contract, General Terms & Conditions

Noncompliances. The Seller shall promptly evaluate and resolve any noncompliance or potential noncompliance with ES&H requirements. If the Seller fails to resolve the noncompliance within a reasonable period of time or if, at any time, the Seller’s acts or failures to act cause substantial harm or an imminent danger to the environment or health and safety of employees or the public, the Company may: (1) Issue an order stopping work in whole or in part. Any stop work order issued by the Subcontract Administrator under this clause (or issued by the Seller to a subcontractor) shall be without prejudice to any other legal or contractual rights of the Company. If the Subcontract Administrator issues a stop work order, an order authorizing the resumption of the work may be issued at the discretion of the Subcontract Administrator. The Seller shall not be entitled to an extension of time or additional fee or damages by reason of, or in connection with, any work stoppage ordered in accordance with this clause. (2) Require, in writing, that the Seller remove from the work site any employee the Company deems unsafe, incompetent, careless, or otherwise objectionable. Replacement of the removed employee shall be at the Seller’s expense and not chargeable to the Company. (3) Require the Seller’s participation, at the Seller’s expense, in the Company’s fact-finding investigations of accidents, injuries, occurrences, and near-misses. (4) Terminate the Agreement for default and pursue any other remedies provided by law or this Agreement. (5) Remove the Seller from consideration for future subcontract awards.

Appears in 4 contracts

Samples: Construction Contract, General Terms & Conditions, General Terms & Conditions

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