Common use of Specific Supervision and Safety Related Rights Clause in Contracts

Specific Supervision and Safety Related Rights. Without limiting the generality of the provisions of Sections 3(a) and (b): (i) the RP Supervisor shall have the unilateral right to shut down the Plant if the RP Supervisor reasonably believes that further operations of the Plant are likely to (x) endanger the environment or the health or safety of any of the Plant’s personnel, (y) violate any law, regulation or Plant policy applicable to the Plant or its personnel; or (z) if the RP Supervisor reasonably believes that the Plant is being operated in a manner which is not in material compliance with the Operating Manual. Any such actions shall be taken upon prior notice to MH, except in situations the Supervisor reasonably believes are emergencies. MH shall be notified of any action taken in response to any emergency within forty-eight (48) hours. (ii) the RP Supervisor may reject the work product of any services provided by MH hereunder if the RP Supervisor reasonably believes that (x) such work product does not satisfy standards generally applicable in the United States chemical manufacturing industry, or (y) such services are likely to have the effects set forth in Section 3(c)(ii)(x) or (y); and (iii) The RP Supervisor upon consultation with MH may suspend or stop shipment of any Product produced at the Plant if the RP Supervisor reasonably believes that such Product does not conform to the Specifications set forth in the Supply Agreement or otherwise does not conform with the terms of the Supply Agreement. Such rights of Supervisor to stop shipment may also be exercised by MH Quality Assurance personnel, upon consultation with the RP Supervisor.

Appears in 4 contracts

Samples: Operations Agreement (Innophos Mexico Holdings, LLC), Operations Agreement (Innophos Investment Holdings, Inc.), Operations Agreement (Innophos Investment Holdings, Inc.)

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