Right of TFC to Issue Safety. Stand-Down Order. TFC, in its sole discretion, may at any time order in writing a temporary stand-down of SSE’s performance of the Services (“Safety Stand-Down Order”) as a result of any one or more Safety Incidents, whereupon SSE shall immediately direct all SSE Personnel to stop all Services while SSE conducts a comprehensive review of SSE’s safety management plan and any Site conditions affecting safety at any Project Site, for the purpose of (i) identifying any safety hazards and unsafe working conditions, (ii) conducting safety training of the SSE Personnel involved in performance of the Services who were or may have been exposed to harm in connection with such Safety Incident(s), and (iii) taking any corrective action that SSE determines to be necessary and appropriate to fulfill its obligations in accordance with this Agreement. Upon receipt of TFC’s Safety Stand-Down Order, SSE shall not resume performance of the Services until it has issued to TFC a written report, which shall be due within forty-eight (48) hours of the receipt of TFC’s Safety Stand-Down Order, detailing the course of action that SSE has taken, or plans to take, to resolve the Safety Incident(s) described therein, and to prevent the recurrence thereof. After reviewing such course of action with TFC, SSE shall, in the exercise of the SSE’s reasonable judgment, propose the date by which SSE will complete all corrective action. Services shall resume only upon TFC’s delivery of further written notice to SSE withdrawing the TFC’s Safety Stand-Down Order, which notice of withdrawal shall not be issued until the TFC is reasonably satisfied that SSE has sufficiently implemented all appropriate corrective action as necessary to enable SSE to safely resume Services, fulfill its contractual obligations set forth in this Agreement, and thereby avoid recurrence of the Safety Incident(s). SSE shall not be entitled to an adjustment of the SSE’s Compensation, or the Professional Services Schedule, as the result of TFC’s issuance of a Safety Stand-Down Order. If SSE fails to implement the corrective action in the manner proposed by SSE and determined by TFC to be reasonably acceptable, such failure shall be deemed a material breach of this Agreement and TFC may, without further notice, terminate this Agreement for cause. In responding to any Safety Stand-Down Order, SSE’s evaluation of the need for, and its plan of, corrective action shall be undertaken as an independent contractor, pursuant to Se...
