Suspension of MSRC's Obligation to Provide Resources. MSRC may suspend its obligation to provide Resources in whole or in part under this Agreement for a Spill Event upon written notice to the Covered Entity if and to the extent MSRC reasonably determines such suspension is necessary to protect MSRC’s material interests as a result of the occurrence and continuation of any of the following: (a) a Covered Entity instructs MSRC to act under this Agreement in a manner which would be illegal, unsafe, or in violation of or breach this Agreement in any material respect, (b) a Force Majeure Event, (c) the unavailability of Responder Immunity, (d) the unavailability of subcontractors essential to enable MSRC to provide requested Resources, or (e) the existence of other similar circumstances beyond MSRC’s reasonable control that materially adversely affect MSRC’s ability to perform as contemplated under this Agreement and that MSRC is unable with reasonable diligence to timely resolve or overcome. MSRC’s suspension under this Section 5.01 of its obligation to provide specific Resources will not affect MSRC’s obligation to provide any other Resources. To the maximum extent practicable, except as otherwise provided in Section 11.01, MSRC will provide the notice of suspension at least three (3) days’ prior to the effective date of such suspension.
Appears in 5 contracts
Samples: Marine Spill Response Corporation Service Agreement, Service Agreement, Marine Spill Response Corporation Service Agreement
