Common use of Risk Management Contingency Clause in Contracts

Risk Management Contingency. The Local Agency is deemed to be essential in meeting EPA minimum monitoring criteria as described in 40 C.F.R. Part 58, Appendix D. Where equipment was purchased with State or federal funds, and where both the State and the Local Agency have a responsibility to see that the site is maintained and operated, the Local Agency shall allow DEP to operate said equipment in the event that the Local Agency either chooses not to operate the monitor or is unable to do so. This includes allowing the DEP access to the necessary shelters, support equipment, and data transfer equipment until such time as a mutually agreeable resolution is reached. If necessary, the Local Agency will assist the State with any access issues including amending access agreements. Continuing operation and maintenance costs, such as utilities, are the operator’s responsibility.

Risk Management Contingency. The Local Agency is deemed to be essential in meeting EPA minimum monitoring criteria as described in 40 C.F.R. Part 58, Appendix D. Where equipment was purchased with State or federal funds, and where both the State and the Local Agency have a responsibility to see that the site is maintained and operated, the Local Agency shall allow DEP to operate said equipment in the event that the Local Agency either chooses not to operate the monitor or is unable to do so. This includes allowing the DEP access to the necessary shelters, support equipment, and data transfer equipment until such time as a mutually agreeable resolution is reached. If necessaryIfnecessary, the Local Agency will assist the State with any access issues including amending access agreements. Continuing operation and maintenance costs, such as utilities, are the operator’s 's responsibility.