Common use of Security and Safety Clause in Contracts

Security and Safety. (a) Not later than 90 days following issuance of the NTP, TSP shall submit the Safety Plan required by TR item TP-009 to the Joint Board for its review, comment and approval. The Joint Board shall have the right to review and comment upon the safety and security manual and any changes thereto proposed by TSP prior to the implementation of such plan or any such changes. (b) TSP shall be responsible for safety and security of its own personnel, Work, equipment and materials in accordance with the Safety Plan, and for the safety and security of any other persons involved in the testing activities outlined in TR Section TP, and for persons visiting or working in the CSC or a WUC. TSP shall be responsible for initiating, maintaining and providing supervision of safety and security precautions and programs in accordance with the Safety Plan and in accordance with applicable Laws. Whenever TSP’s operations create a condition hazardous to the public, TSP shall cause to be furnished, erected and maintained such temporary railings, barricades, lights, signs, and other devices and take such other protective measures as are necessary to prevent accidents, damage or injury to the public. (c) If an emergency affecting the safety of persons or property arises, TSP shall act to prevent threatened damage, injury or loss. Notwithstanding the foregoing, TSP shall comply with any directions given by the Joint Board to remove an immediate and present threat to the safety of life and property where such immediate and present threat relates to or arises out of the System or TSP’s scope of services under this Agreement, and TSP shall permit the Joint Board to take action to remove an immediate and present threat to the safety of life and property or to remove any condition that the Joint Board believes poses an imminent danger to public health or safety; no such action shall expose the Joint Board to any liability to any TSP Party or entitle TSP to any other remedy (except as expressly provided in Section 13), it being acknowledged by TSP that the Joint Board has a paramount public interest in providing and maintaining public safety.

Security and Safety. (a) Not later than 90 days following issuance of the NTP, TSP shall submit the Safety Plan required by TR item TP-009 to the Joint Board for its review, comment and approval. The Joint Board shall have the right to review and comment upon the safety and security manual and any changes thereto proposed by TSP prior to the implementation of such plan or any such changes. (b) TSP shall be responsible for safety and security of its own personnel, Work, equipment and materials in accordance with the Safety Plan, and for the safety and security of any other persons involved in the testing activities outlined in TR Section TP, and for persons visiting or working in the CSC or a WUC. TSP shall be responsible for initiating, maintaining and providing supervision of safety and security precautions and programs in accordance with the Safety Plan and in accordance with applicable Laws. Whenever TSP’s operations create a condition hazardous to the public, TSP shall cause to be furnished, erected and maintained such temporary railings, barricades, lights, signs, and other devices and take such other protective measures as are necessary to prevent accidents, damage or injury to the public. (c) If an emergency affecting the safety of persons or property arises, TSP shall act to prevent threatened damage, injury or loss. Notwithstanding the foregoing, TSP shall comply with any directions given by the Joint Board to remove an immediate and present threat to the safety of life and property where such immediate and present threat relates to or arises out of the System or TSP’s scope of services under this Agreement, and TSP shall permit the Joint Board to take action to remove an immediate and present threat to the safety of life and property or to remove any condition that the Joint Board believes poses an imminent danger to public health or safety; no such action shall expose the Joint Board to any liability to any TSP Party or entitle TSP to any other remedy (except as expressly provided in Section 13), it being acknowledged by TSP that the Joint Board has a paramount public interest in providing and maintaining public safety.