Urgent Protection. The Commonwealth may take any action necessary to protect the Works, other property, the Environment, or to prevent or minimise risks to the health and safety of persons, which the Contractor must take but does not take. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in taking such action will be a debt due from the Contractor to the Commonwealth. Any valuable, archaeological or special interest items found on or in the Site will, as between the parties, be the property of the Commonwealth. Where such an item is found on or in the Site, the Contractor must: immediately give the Contract Administrator and the Commonwealth notice in writing; not disturb the item under any circumstances other than where such disturbance is necessary to comply with subparagraph (iii); and ensure that the item is protected until the nature of the item has been competently determined. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (b)(i), instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the finding of the item. The Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (b)(i) which arise directly from the finding of the item and the Contract Administrator's instruction under paragraph (c), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the finding of the item or the Contract Administrator's instruction under paragraph (c), other than under paragraph (d). The Commonwealth may, either itself or by a third party, carry out an obligation under the Contract which the Contractor was obliged to carry out but which it failed to carry out within the time required in accordance with the Contract. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in so carrying out such a Contract obligation will be a debt due from the Contractor to the Commonwealth.
Urgent Protection. The Principal may take any action necessary to protect the Works, other property, the Environment or to prevent or minimise risks to the health and safety of persons if: this is necessary and it is not practicable to have the Contractor take the action; or it was action which the Contractor should have taken but did not. Where the Principal takes action under this clause 6.7: in the case of paragraph (a), the reasonable costs incurred by the Principal will be a debt due from the Contractor to the Principal; or in the case of paragraph (b), all costs incurred by the Principal will be a debt due from the Contractor to the Principal. Any valuable, archaeological or special interest items found on or in the Site will, as between the parties, be the property of the Principal. Where such an item is found the Contractor must: immediately notify the Contract Administrator; protect it and not disturb it further; and comply with any directions of the Contract Administrator in relation to the item. Subject to the Contractor complying with clause 12, the Principal will pay the Contractor the reasonable extra costs incurred by it in complying with the Contract Administrator's directions.
Urgent Protection. If urgent action is necessary to protect the work under a Purchase Order Contract or other property or people and the Contractor fails to take the action, Essential Energy may, without notice to the Contractor, take necessary action to protect the work under a Purchase Order Contract, property or people. If the action taken by Essential Energy was, in the reasonable opinion of Essential Energy’s Representative, action which the Contractor should have taken at the Contractor’s cost, the costs incurred by Essential Energy will be a debt due from the Contractor to Essential Energy.
Urgent Protection. If urgent action is necessary to protect the Subcontract Works, other property or people and the Subcontractor fails to take such action, the Contractor may take the necessary action. If the action taken by the Contractor was action which the Subcontractor should have taken at the Subcontractor’s cost, the cost incurred by the Contractor shall be a debt due from the Subcontractor.
Urgent Protection. If urgent action is necessary to protect property, members of the public or any of the Works under the Agreement and the Contractor fails to take the necessary action then the Council may take such action as it sees fit. Where such action should have been taken at the Contractor’s expense then any costs incurred by the Council will be a debt due to the Council by the Contractor.
Urgent Protection. 14.1. If urgent action is necessary to protect the Building, other property or people, the Supplier may, (but is not obliged to and without prejudice to its other rights), take such necessary action. If the action was action which the Customer should have taken, the cost incurred by the Supplier will be a debt due from the Customer.
Urgent Protection. The Contractor or the Commonwealth may take any action necessary to protect the Subcontract Works, other property, the Environment, or to prevent or minimise risks to the health and safety of persons, which the Subcontractor must take but does not take. Any things of value or archaeological or special interest found on or in the Site will, as between the parties, be the property of the Contractor. Where such an item is found the Subcontractor must: immediately notify the Contractor's Representative; protect it and not disturb it further; and comply with any instructions of the Contractor's Representative in relation to the item. The Subcontract Price will be increased by the extra costs reasonably incurred by the Subcontractor in complying with the Contractor's Representative's instructions, as determined by the Contractor's Representative.
Urgent Protection. Where Airservices determines that urgent action is necessary to protect the Minor Works or other property from loss or damage, or people from injury or death, the Supplier as directed by Airservices shall take such action immediately at its own cost. If the Supplier is unable or unwilling to take the necessary action, Airservices may arrange for others to do so and the costs incurred shall be a debt due by the Supplier to Airservices.
Urgent Protection. (a) If urgent action is necessary to protect, prior to FAS Delivery, the Equipment, other property or people and the Supplier fails to take such action, in addition to any other remedies of the Principal:
(1) the Principal or the Principal’s Representative may take the necessary action; and
(2) the reasonable cost incurred by the Principal or the Principal’s Representative in the circumstances will be a debt due and payable immediately from the Supplier to the Principal.
(b) If time permits, the Principal or the Principal’s Representative (as the case may be) will give the Supplier prior written notice of the intention to take action under this clause 26.4.
Urgent Protection. 19.1. If urgent action is necessary to protect the Hire Equipment, other property or people, Taranis Power may, (but is not obliged to and without prejudice to its other rights), take such necessary action. If the action was action which the Customer should have taken, the cost incurred by Taranis Power will be a debt due from the Customer.
