Common use of Scope of assistance Clause in Contracts

Scope of assistance. 3.1 In the event of an Emergency affecting the electrical generation, electrical or natural gas transmission, distribution, and/or related facilities owned or controlled by a Party, such Party ("Requesting Party") may request another Party ("Assisting Party") to provide Assistance. The Assisting Party shall, in its sole discretion, determine if it shall provide such Assistance. If the Assisting Party determines to provide Assistance, such Assistance shall be provided in accordance with the terms and conditions of this Agreement. 3.2 Requests for Assistance may be made either verbally or in writing by the Authorized Representative of the Requesting Party and shall be directed to the Authorized Representative of the Assisting Party. Authorized Representatives of the Parties are identified in Attachment “B” hereto and shall be updated upon any change in such Authorized Representative. Upon acceptance of a request for Assistance either verbally or in writing, the Assisting Party shall respond with reasonable dispatch to the request in accordance with information and instructions supplied by the Requesting Party. All requests for Assistance shall follow the procedures described in Attachment "D". The Requesting Party shall also follow the procedures set forth in Attachment “E” for Deactivation of Assistance. 3.3 The Requesting Party shall provide the Assisting Party with a description of the work needed to address the Emergency, with the most urgent needs for Assistance addressed first. If the request is not based on a lack of resources, such information must be stated in the request. The Assisting Party shall use its reasonable efforts to schedule the Assistance in accordance with the Requesting Party's request. However, the Assisting Party reserves the right to recall any and all personnel, material, Equipment, supplies, and/or tools at any time that the Assisting Party determines necessary for its own operations. Any Requesting Party for whom an Operator Qualification (OQ) Program and/or Drug and Alcohol Program under 49 CFR Parts 192 and 199 respectively, is required should pre-screen the other Parties to this Agreement to determine which Parties have compatible regulatory agency accepted programs and may therefore be contacted for assistance. Parties to this agreement agree to make their programs and related records available for review to assist in the pre- screening. 3.4 The Requesting Party will provide the name and contact information for the person(s) designated as the Mutual Assistance Liaison(s), the Operations Liaison(s) described in Section 3.18, and person(s) to be designated as supervisory personnel to accompany the crews and Equipment. The Assisting Party will provide the name(s) and contact information for the person(s) designated to be the Mutual Assistance Liaison and the Operations Liaison(s). 3.5 All Reasonable Costs and Expenses associated with the furnishing of Assistance shall be the responsibility of the Requesting Party and deemed to have commenced when the Requesting Party officially authorizes the Assisting Party to proceed with Mobilization of the personnel and Equipment necessary to furnish Assistance, and shall be deemed to have terminated after Demobilization when the transportation of Assisting Party personnel and Equipment returns to the work headquarters, individual district office, or home (to which such personnel are assigned for personnel returning at other than regular working hours) is completed. For the purposes of this Agreement, a Requesting Party shall be deemed to have authorized the Assisting Party to proceed with Mobilization when the Requesting Party signs and submits a formal request to the Assisting Party, in a form substantially similar to that included as Attachment “F”. If written information cannot be furnished, a verbal confirmation will be acceptable, with a written confirmation to follow within 24 hours. The Parties hereto agree that costs arising out of inquiries as to the availability of personnel, material, Equipment, supplies and/or tools or any other matter made by one party to another prior to the Requesting Party authorizing the Assisting Party to proceed with Mobilization, as set forth in this Section 3.5, will not be charged to the potentially Requesting Party. 3.6 For purposes of this Agreement, the term “Reasonable Costs or Expenses” shall be defined to mean those costs, expenses, charges, or outlays paid or incurred by an Assisting Party in any approved phase of rendering Assistance to a Requesting Party pursuant to the provisions of this Agreement. Reasonable Costs or Expenses shall be deemed to include those costs and/or expenses that are appropriate and not excessive; under the circumstances prevailing at the time the cost or expense is paid or incurred. Reasonable Costs or Expenses may include, but are not limited to, direct operating expenses such as wages, materials and supplies, transportation, fuel, utilities, housing or shelter, food, communications, and reasonable incidental expenses, as well as indirect expenses and overhead costs such as payroll additives, taxes, insurance, depreciation, and administrative and general expenses. Notwithstanding the above, any such Reasonable Costs or Expenses shall continue to be subject to the provisions of Section 5 of this Agreement regarding Audit and Arbitration.

Scope of assistance. 3.1 3.1. In the event of an Emergency affecting the electrical generation, electrical or natural gas transmission, distribution, services, and/or related facilities owned or controlled by a Party, such Party ("“Requesting Party"”) may request another Party or Parties ("“Assisting Party") to Part”to provide Assistance. The Assisting Party shall, in its sole discretion, determine if it shall provide such Assistance, including the extent and limitations of that Assistance. If the Assisting Party determines to provide Assistance, such Assistance shall be provided in accordance with the terms and conditions of this Agreement. 3.2 3.2. Requests for Assistance may be made either verbally or in writing by the Authorized Representative Representative, as defined in Section 9 and identified in Attachment B, of the Requesting Party and shall be directed to the Authorized Representative of the Assisting Party. Authorized Representatives of the Parties are identified in Attachment “B” hereto and shall be updated upon any change in such Authorized Representative. Upon acceptance of a request for Assistance Assistance, either verbally or in writing, the Assisting Party shall respond with reasonable dispatch to the request in accordance with information and instructions supplied by the Requesting Party. All requests for Assistance shall follow the procedures described by Section 3.0 and in Attachment "D"C. 3.3. The Requesting Party shall also follow the procedures set forth in Attachment “E” for Deactivation of Assistance. 3.3 The Requesting Party shall provide the Assisting Party with a description of the work needed to address the Emergencyemergency, with the most urgent needs for Assistance addressed first. If the request is not based on a lack of resources, such information must be stated in the request. The Assisting Party shall use its reasonable efforts to schedule the Assistance in accordance with the Requesting Party's request. However, the Assisting Party reserves the right to recall any and all personnel, material, Equipmentequipment, supplies, and/or tools at any time that the Assisting Party determines necessary for its own operations. Any Requesting Party for whom an Operator Qualification (OQ) Program and/or Drug and Alcohol Program under 49 CFR Parts 192 and 199 respectively, is required should pre-screen the other Parties to this Agreement to determine which Parties have compatible regulatory agency accepted programs and may therefore be contacted for assistance. Parties to this agreement agree to make their programs and related records available for review to assist in the pre- screening. 3.4 3.4. The Requesting Party will provide the name and contact information for the person(s) designated as the Mutual Assistance Liaison(sCoordinator(s), the Operations Liaison(s) described in Section 3.18), and person(s) to be designated as supervisory personnel to accompany the crews and Equipmentequipment. The Assisting Party will provide the name(s) and contact information for the person(s) designated to be the Mutual Assistance Liaison and the Operations Liaison(sCoordinator(s). 3.5 3.5. All Reasonable Costs and Expenses costs associated with the furnishing of Assistance shall be the responsibility of the Requesting Party and deemed to have commenced when the Requesting Party officially authorizes the Assisting Party to proceed with Mobilization of the personnel and Equipment equipment necessary to furnish Assistance, and shall be deemed to have terminated after Demobilization when the transportation of Assisting Party personnel and Equipment equipment returns to the work headquarters, individual district office, or home (to which such personnel are assigned for personnel returning at other than regular working hours) and Demobilization is completed. 3.6. For the purposes of this Agreement, a Requesting Party shall be deemed to have authorized the Assisting Party to proceed with Mobilization when the Requesting Party signs and submits a formal request to the Assisting Party, in a form substantially similar to that included as shown in Attachment “F”C-1. If written information cannot be furnished, a verbal confirmation will be acceptable, with a written confirmation to follow within 24 hours. 3.7. The Parties hereto agree that costs arising out of inquiries as to the availability of personnel, material, Equipmentequipment, supplies and/or tools or any other matter made by one party to another prior to the Requesting Party authorizing the Assisting Party to proceed with Mobilization, as set forth in this Section 3.5, Mobilization will not be charged to the potentially Requesting Party. 3.6 For purposes 3.8. The Requesting Party agrees to repayment of “reasonable costs or expenses,” as further described in Section 4.0 of this Agreement, the term “Reasonable Costs or Expenses” shall be defined to mean those costs, expenses, charges, or outlays paid or incurred by an Assisting Party in any approved phase of rendering Assistance to a Requesting Party pursuant to the provisions of this Agreement. Reasonable Costs or Expenses shall be deemed to include those costs and/or expenses that are appropriate and not excessive; under the circumstances prevailing at the time the cost or expense is paid or incurred. Reasonable Costs or Expenses may include, but are not limited to, direct operating expenses such as wages, materials and supplies, transportation, fuel, utilities, housing or shelter, food, communications, and reasonable incidental expenses, as well as indirect expenses and overhead costs such as payroll additives, taxes, insurance, depreciation, and administrative and general expenses. Notwithstanding the above, any such Reasonable Costs reasonable costs or Expenses expenses shall continue to be subject to the provisions of Section 5 5.0 of this Agreement regarding Audit and Arbitration. 3.9. The Assisting Party and Requesting Party shall mutually agree upon and make all arrangements for the preparation and actual Mobilization of personnel, material, vehicles, equipment, supplies and/or tools to the Requesting Party’s work area and the return (i.e. Demobilization) of such personnel, material, vehicles, equipment, supplies and/or tools to the Assisting Party’s work area (See Attachments C and D). The Requesting Party shall be responsible for all reasonable costs and expenses incurred by the Assisting Party for Mobilization and/or Demobilization, notwithstanding any early termination of such assistance by the Requesting Party. 3.10. Unless otherwise agreed upon, the Requesting Party shall be responsible for providing food and lodging for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departure. The food and housing provided shall be subject to the approval of the supervisory personnel of the Assisting Party. 3.11. If requested by the Assisting Party, the Requesting Party, at its own cost, shall make or cause to be made all reasonable repairs to the Assisting Party’s vehicles and equipment, necessary to maintain such equipment safe and operational, while the equipment is in transit or being used in providing Assistance. However, the Requesting Party shall not be liable for cost of repair required by the gross negligence or willful acts of the Assisting Party, or if the vehicles or equipment was not issued by the Assisting Party in safe and operational condition. 3.12. Unless otherwise agreed the Requesting Party shall provide fuels and other supplies needed for operation of the Assisting Party’s vehicles and equipment being used in providing Assistance. 3.13. Unless otherwise agreed to by the Parties, the Requesting Party shall provide field communications equipment and instructions for the Assisting Party’s use. The Assisting Party shall exercise due care in use of the equipment and return the equipment to the Requesting Party at the time of departure in like condition, provided that if repairs are necessary the Requesting Party will be financially responsible unless such repairs are necessitated by the gross negligence or willful acts of the Assisting Party. 3.14. Employees of the Assisting Party shall at all times continue to be employees of the Assisting Party, and such employees shall at no time and for no purpose be deemed to be employees of the Requesting Party.