Performance in Public Health Emergency. Contractor warrants that it will:
7.10.1 Have in effect, promptly after commencement, a plan for continuing performance in the event of a declared public health emergency that addresses, at a minimum:
7.10.1.1 Identification of response personnel by name;
7.10.1.2 Key succession and performance responses in the event of sudden and significant decrease in workforce; and
7.10.1.3 Alternative avenues to keep sufficient product on hand or in the supply chain.
7.10.2 Provide a copy of its current plan to State within three (3) business days after State’s written request. If Contractor claims relief under paragraph 6.4 [Force Majeure] for an occurrence of force majeure that is a declared public health emergency, then that relief will be conditioned on Contractor having first implemented its plan and exhausted all reasonable opportunity for that plan implementation to overcome the effects of that occurrence, or mitigate those effects to the extent that overcoming entirely is not practicable.
7.10.3 A request from the State related to this paragraph 7.10 does not necessarily indicate that there has been an occurrence of force majeure, and the Contractor will not be entitled to any additional compensation or extension of time by virtue of having to implement a plan.
7.10.4 Failure to have or implement an appropriate plan will be a material breach of contract.
Performance in Public Health Emergency. 7.6.1. Contractor warrants that it will: 7.
6.1.1. have in effect promptly after commencement a plan for continuing performance in the event of a declared public health emergency that addresses, at a minimum: 7.
6.1.1.1. identification of response personnel by name; 7.
6.1.1.2. key succession and performance responses in the event of sudden and significant decrease in workforce; and 7.
6.1.1.3. alternative avenues to keep sufficient product on hand or in the supply chain; and 7.
6.1.1.4. provide a copy of its current plan to State within 3 (three) business days after State’s written request. If Contractor claims relief under paragraph 6.5 [Force Majeure] for an occurrence of force majeure that is a declared public health emergency, then that relief will be conditioned on Contractor having first implemented its plan and exhausted all reasonable opportunity for that plan implementation to overcome the effects of that occurrence, or mitigate those effects to the extent that overcoming entirely is not practicable.
7.6.2. For clarification of intent, being obliged to implement the plan is not of itself an occurrence of force majeure, and Contractor will not be entitled to any additional compensation or extension of time by virtue of having to implement it. Furthermore, failure to have or implement an appropriate plan will be a material breach of contract.
Performance in Public Health Emergency. Contractor warrants that it will: 17. have in effect promptly after commencement a plan for continuing performance in the event of a declared public health emergency that addresses, at a minimum: (a) identification of response personnel by name; (b) key succession and performance responses in the event of sudden and significant decrease in workforce; and (c) alternative avenues to keep sufficient product on hand or in the supply chain; and 18. provide a copy of its current plan to State within 3 (three) business days after State’s written request. If Contractor claims relief under paragraph 6.4 (Force Majeure) for an occurrence of force majeure that is a declared public health emergency, then that relief will be conditioned on Contractor having first implemented its plan and exhausted all reasonable opportunity for that plan implementation to overcome the effects of that occurrence, or mitigate those effects to the extent that overcoming entirely is not practicable. For clarification of intent, being obliged to implement the plan is not of itself an occurrence of force majeure, and Contractor will not be entitled to any additional compensation or extension of time by virtue of having to implement it. Furthermore, failure to have or implement an appropriate plan will be a material breach of contract.
