Common use of Work Takeover Clause in Contracts

Work Takeover. ‌ a. If EPA determines that Purchaser: (1) has ceased implementation of any portion of the Work, (2) is seriously or repeatedly deficient or late in its performance of the Work, or (3) is implementing the Work in a manner which may cause an endangerment to human health or the environment, EPA may issue a written notice (“Work Takeover Notice”) to Purchaser. Any Work Takeover Notice issued by EPA (which writing may be electronic) will‌‌‌ specify the grounds upon which such notice was issued and will provide Purchaser a period of 30 days within which to remedy the circumstances giving rise to EPA’s issuance of such notice.‌‌‌‌‌‌‌‌‌‌‌ b. If, after expiration of the 30-day notice period specified in Paragraph 74.a, Purchaser has not remedied to EPA’s satisfaction the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, EPA may at any time thereafter assume the performance of all or any portion(s) of the Work as EPA deems necessary (“Work Takeover”). EPA will notify Purchaser in writing (which writing may be electronic) if EPA determines that implementation of a Work Takeover is warranted under this Paragraph 74.b. Funding of Work Takeover costs is addressed under Paragraph 94 (Access to Financial Assurance).‌‌‌ c. Purchaser may invoke the procedures set forth in Paragraph 61 (Formal Dispute Resolution) to dispute EPA’s implementation of a Work Takeover under Paragraph 74.b. However, notwithstanding Purchaser’s invocation of such dispute resolution procedures, and during the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover under Paragraph 74.b until the earlier of (1) the date that Purchaser remedies, to EPA’s satisfaction, the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, or (2) the date that a written decision terminating such Work Takeover is rendered in accordance with Paragraph 61 (Formal Dispute Resolution). d. Notwithstanding any other provision of this Settlement, EPA retains all authority and reserves all rights to take any and all response actions authorized by law. COVENANTS BY PURCHASER‌‌

Work Takeover. ‌ a. If In the event EPA determines that PurchaserRespondents: (1) has have ceased implementation of any portion of the Work, ; (2) is are seriously or repeatedly deficient or late in its their performance of the Work, ; or (3) is are implementing the Work in a manner which that may cause an endangerment to human health or the environment, EPA may issue a written notice (“Work Takeover Notice”) to PurchaserRespondents. Any Work Takeover Notice Notices issued by EPA (which writing may be electronic) will‌‌‌ will specify the grounds upon which such notice was issued and will provide Purchaser Respondents a period of 30 10 days within which to remedy the circumstances giving rise to EPA’s issuance of such notice.‌‌‌‌‌‌‌‌‌‌‌notice. b. If, after expiration of the 3010-day notice period specified in Paragraph 74.a, Purchaser has ¶ 68.a Respondents have not remedied to EPA’s satisfaction the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, EPA may at any time thereafter assume the performance of all or any portion(s) of the Work as EPA deems necessary (“Work Takeover”). EPA will notify Purchaser Respondents in writing (which writing may be electronic) if EPA determines that implementation of a Work Takeover is warranted under this Paragraph 74.b¶ 68.b. Funding of Work Takeover costs is addressed under Paragraph 94 ¶ 91 (Access to Financial Assurance).‌‌‌Assurance). c. Purchaser Respondents may invoke the procedures set forth in Paragraph 61 ¶ 45 (Formal Dispute Resolution) to dispute EPA’s implementation of a Work Takeover under Paragraph 74.b¶ 68.b. However, notwithstanding Purchaser’s Respondents’ invocation of such dispute resolution procedures, and during the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover under Paragraph 74.b ¶ 68.b until the earlier of (1) the date that Purchaser remediesRespondents remedy, to EPA’s satisfaction, the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, or (2) the date that a written decision terminating such Work Takeover is rendered in accordance with Paragraph 61 ¶ 45 (Formal Dispute Resolution). d. Notwithstanding any other provision of this Settlement, EPA retains all authority and reserves all rights to take any and all response actions authorized by law. COVENANTS BY PURCHASER‌‌.

Work Takeover. ‌ a. If In the event EPA determines that PurchaserRespondent: (1) has ceased implementation iniplementation of any portion of the Work, ; (2) is seriously or repeatedly deficient or late in its performance of the Work, ; or (3) is implementing the Work in a manner which that may cause an endangerment to human health or the environment, EPA may issue a written notice (“Work Takeover Notice”) to PurchaserRespondent. Any Work Takeover Notice issued by EPA (which writing may be electronic) will‌‌‌ will specify the grounds upon which such notice was issued and will provide Purchaser Respondent a period of 30 3 days within which to remedy the circumstances giving rise to EPA’s issuance of such notice.‌‌‌‌‌‌‌‌‌‌‌notice. b. If, after expiration of the 303-day notice period specified in Paragraph 74.a89.a, Purchaser Respondent has not remedied to EPA’s satisfaction the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, EPA may at any time thereafter assume the performance of all or any portion(s) of the Work as EPA deems necessary (“Work Takeover”). EPA will notify Purchaser Respondent in writing (which writing may be electronic) if EPA determines that implementation of a Work Takeover is warranted under this Paragraph 74.b. Funding of Work Takeover costs is addressed under Paragraph 94 (Access to Financial Assurance).‌‌‌89.b. c. Purchaser Respondent may invoke the procedures set forth in Paragraph 61 68 (Formal Dispute Resolution) to dispute EPA’s implementation of a Work Takeover under Paragraph 74.b89.b. However, notwithstanding PurchaserRespondent’s invocation of such dispute resolution procedures, and during the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover under Paragraph 74.b 89.b until the earlier of (1) the date that Purchaser Respondent remedies, to EPA’s satisfaction, the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, or (2) the date that a written decision terminating such Work Takeover is rendered in accordance with Paragraph 61 68 (Formal Dispute Resolution). d. Notwithstanding any other provision of this Settlement, EPA retains all authority and reserves all rights to take any and all response actions authorized by law. COVENANTS BY PURCHASER‌‌.

Work Takeover. ‌ a. If EPA determines that Purchaser: (1) has ceased implementation of any portion of the Work, (2) is seriously or repeatedly deficient or late in its performance of the Work, or (3) is implementing the Work in a manner which may cause an endangerment to human health or the environment, EPA may issue a written notice (“Work Takeover Notice”) to Purchaser. Any Work Takeover Notice issued by EPA (which writing may be electronic) will‌‌‌ will specify the grounds upon which such notice was issued and will provide Purchaser a period of 30 days within which to remedy the circumstances giving rise to EPA’s issuance of such notice.‌‌‌‌‌‌‌‌‌‌‌notice. b. If, after expiration of the 30-day notice period specified in Paragraph 74.a91.a, Purchaser Xxxxxxxxx has not remedied to EPA’s satisfaction the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, EPA may at any time thereafter assume the performance of all or any portion(s) of the Work as EPA deems necessary (“Work Takeover”). EPA will notify Purchaser in writing (which writing may be electronic) if EPA determines that implementation of a Work Takeover is warranted under this Paragraph 74.b91.b. Funding of Work Takeover costs is addressed under Paragraph 94 110 (Access to Financial Assurance).‌‌‌Assurance). c. Purchaser may invoke dispute EPA’s Work Takeover decision under Paragraph 91 solely through the procedures set forth in Paragraph 61 67 (Formal Dispute Resolution) to dispute EPA’s implementation of a Work Takeover under Paragraph 74.b). However, notwithstanding Purchaser’s invocation of such dispute resolution procedures, and during the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover under Paragraph 74.b 91 until the earlier of (1) the date that Purchaser remedies, to EPA’s satisfaction, the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, or (2) the date that a written decision terminating such Work Takeover is rendered in accordance with Paragraph 61 (Formal Dispute Resolution). d. Notwithstanding any other provision of this Settlement, EPA retains all authority and reserves all rights to take any and all response actions authorized by law. COVENANTS BY PURCHASER‌‌or

Work Takeover. ‌ a. If rn the event EPA determines that Purchaser: Respondent has (1i) has ceased implementation of any portion of the Work, or (2ii) is seriously or repeatedly deficient or late in its performance of the Work, or (3iii) is implementing the Work in a manner which may cause an endangerment to human health or the environment, EPA may issue a written notice (“"Work Takeover Notice”") to Purchaserthe Respondent. Any Work Takeover Notice issued by EPA (which writing may be electronic) will‌‌‌ will specify the grounds upon which such notice was issued and will provide Purchaser Respondent a period of 30 twenty-one (21) days within which to remedy the circumstances giving rise to EPA’s 's issuance of such notice.‌‌‌‌‌‌‌‌‌‌‌notice. b. If, a: after expiration of the 30twenty-day one (21 )-day notice period specified in Paragraph 74.asubparagraph 68.a, Purchaser Respondent has not remedied to EPA’s 's satisfaction the circumstances giving rise to EPA’s EP A's issuance of the relevant Work Takeover Notice, EPA may at any time thereafter thereafi:er assume the performance of all or any portion(s) portions of the Work as EPA deems necessary (“"Work Takeover”"). EPA will shall notify Purchaser Respondent in writing (which writing may be electronic) if EPA determines that implementation of a Work Takeover is warranted under this Paragraph 74.b. Funding of Work Takeover costs is addressed under Paragraph 94 (Access to Financial Assurance).‌‌‌subparagraph 68.b. c. Purchaser Respondent may invoke the procedures set forth in Paragraph 61 Section XVI (Formal Dispute Resolution) ), Paragraph 50, to dispute EPA’s 's implementation of a Work Takeover under Paragraph 74.bsubparagraph 68.b. However, notwithstanding Purchaser’s Respondent's invocation of such dispute resolution procedures, and during the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover under Paragraph 74.b subparagraph 68.b until the earlier of of (1i) the date that Purchaser Respondent remedies, to EPA’s EP A's satisfaction, the circumstances giving rise to EPA’s 's issuance of the relevant Work Takeover Notice, Notice or (2ii) the date that a written final decision terminating such Work Takeover is rendered in accordance with Paragraph 61 Section XVI (Formal Dispute Resolution), Paragraph 51, requiring EPA to terminate such Work Takeover. d. Notwithstanding After commencement and for the duration of any other provision Work Takeover, EPA shall have immediate access to and benefit of any performance guarantee(s) provided pursuant to Section XXVI of this SettlementSettlement Agreement in accordance with the provisions of Paragraph 85 of that Section. If and to the extent that EPA is unable to secure the resources guaranteed under any such performance guarantee(s) and the Respondent fails to remit a cash amount up to but not exceeding the estimated cost of the remaining Work to be performed, all in accordance with the provisions of Paragraph 85, any unreimbursed costs incurred by EPA retains all authority and reserves all rights in performing Work under the Work Takeover shall be considered Future Response Costs that Respondent shall pay pursuant to take any and all response actions authorized by law. COVENANTS BY PURCHASER‌‌Section XV (Payment of Response Costs).

Work Takeover. ‌ a. If EPA In the event ERA determines that PurchaserRespondent: (1) has ceased implementation of any portion of the Work, ; (2) is seriously or repeatedly deficient or late in its performance of the Work, ; or (3) is implementing is-impiementing the Work in a manner which that may cause an endangerment to human health or the environment, EPA may issue a written notice (“"Work Takeover Notice”) to Purchaser. Respondent Any Work Takeover Notice issued by EPA (which writing may be electronic) will‌‌‌ will specify the grounds upon which such notice was issued and will provide Purchaser a period Respondent a.period of 30 three days within which to remedy the circumstances giving rise giving„rise to EPA’s ' s issuance of such notice.‌‌‌‌‌‌‌‌‌‌‌notice. b. If, after expiration of the 30three-day notice period specified in Paragraph 74.a76.a, Purchaser has not Respondent has'not remedied to EPA’s satisfaction the circumstances giving rise to EPA’s EPA s issuance of the relevant Work Takeover Notice, EPA may at any time thereafter assume the performance of all or any portion(s) of the Work as EPA deems necessary (“Work Takeover”). , EPA will notify Purchaser Respondent in writing (which writing may be electronic) if EPA determines that implementation of a Work Takeover is warranted under this Paragraph 74.b. Funding of Work Takeover costs is addressed under Paragraph 94 (Access to Financial Assurance).‌‌‌76.b. c. Purchaser Respondent may invoke the procedures set forth in Paragraph 61 55 (Formal Dispute Resolution) to dispute EPA’s implementation of a Work Takeover under Paragraph 74.b76.b. HoweverXxxxxxx, notwithstanding PurchaserRespondent’s invocation of such dispute resolution procedures, and during duiing the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover under Paragraph 74.b 76.b until the earlier of (1of(l) the date that Purchaser Respondent remedies, to EPA’s satisfaction, the circumstances giving rise to EPA’s issuance of the relevant Work JS7T68358| 23** Xxxxxxx-Deeping Well Field'Superfund Site Administrative Settlement Agreement, No.: CERCLA-01-2019-0012 Takeover Notice, or (2) the date that a written decision terminating such Work Takeover I-akeover is rendered in accordance with Paragraph 61 55 (Formal Dispute Resolution). d. Notwithstanding any other provision of this Settlement, EPA retains BPA rctains-all authority and reserves all rights to take any and all response actions authorized by law. COVENANTS BY PURCHASER‌‌.

Work Takeover. ‌ a. If In the event EPA determines that PurchaserRespondent: (1) has ceased implementation of any portion of the Work, ; (2) is seriously or repeatedly deficient or late in its performance of the Work, ; or (3) is implementing the Work in a manner which that may cause an endangerment to human health or the environment, EPA may issue a written notice (“Work Takeover Notice”) to PurchaserRespondent. Any Work Takeover Notice issued by EPA (which writing may be electronic) will‌‌‌ will specify the grounds upon which such notice was issued and will provide Purchaser Respondent a period of 30 20 days within which to remedy the circumstances giving rise to EPA’s issuance of such notice.‌‌‌‌‌‌‌‌‌‌‌notice. b. If, after expiration of the 3020-day notice period specified in Paragraph 74.a89.a, Purchaser Respondent has not remedied to EPA’s satisfaction the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, EPA may at any time thereafter assume the performance of all or any portion(s) of the Work as EPA deems necessary (“Work Takeover”). EPA will notify Purchaser Respondent in writing (which writing may be electronic) if EPA determines that implementation of a Work Takeover is warranted under this Paragraph 74.b89.b. Funding of Work Takeover costs is addressed under Paragraph 94 111 (Access to Financial Assurance).‌‌‌Assurance). c. Purchaser Respondent may invoke the procedures set forth in Paragraph 61 68 (Formal Dispute Resolution) to dispute EPA’s implementation of a Work Takeover under Paragraph 74.b89.b. However, notwithstanding PurchaserRespondent’s invocation of such dispute resolution procedures, and during the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover under Paragraph 74.b 89.b until the earlier of (1) the date that Purchaser Respondent remedies, to EPA’s satisfaction, the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, or (2) the date that a written decision terminating such Work Takeover is rendered in accordance with Paragraph 61 68 (Formal Dispute Resolution). d. Notwithstanding any other provision of this Settlement, EPA retains all authority and reserves all rights to take any and all response actions authorized by law. COVENANTS BY PURCHASER‌‌.

Work Takeover. ‌ a. If In the event EPA determines that PurchaserRespondents: (1) has have ceased implementation of any portion of the Work, ; (2) is are seriously or repeatedly deficient or late in its their performance of the Work, ; or (3) is are implementing the Work in a manner which that may cause an endangerment to human health or the environment, EPA may issue a written notice (“Work Takeover Notice”) to PurchaserRespondents. Any Work Takeover Notice Notices issued by EPA (which writing may be electronic) will‌‌‌ will specify the grounds upon which such notice was issued and will provide Purchaser Respondents a period of 30 10 days within which to remedy the circumstances giving rise to EPA’s issuance of such notice.‌‌‌‌‌‌‌‌‌‌‌notice. b. If, after expiration of the 3010-day notice period specified in Paragraph 74.a, Purchaser has ^ 62.a Respondents have not remedied to EPA’s satisfaction the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, EPA may at any time thereafter assume the performance of all or any portion(s) of the Work as EPA deems necessary (“Work Takeover”). EPA will notify Purchaser Respondents in writing (which writing may be electronic) if EPA determines that implementation of a Work Takeover is warranted under this Paragraph 74.bK 62.b. Funding of Work Takeover costs is addressed under Paragraph 94 ^ 83 (Access to Financial Assurance).‌‌‌Assurance). c. Purchaser Respondents may invoke the procedures set forth in Paragraph 61 ^ 40 (Formal Dispute Resolution) to dispute EPA’s implementation of a Work Takeover under Paragraph 74.b62.b. However, notwithstanding Purchaser’s Respondents’ invocation of such dispute resolution procedures, and during the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover under Paragraph 74.b 62.b until the earlier of (1) the date that Purchaser remediesRespondents remedy, to EPA’s satisfaction, the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, or (2) the date that a written decision terminating such Work Takeover is rendered in accordance with Paragraph 61 ^ 40 (Formal Dispute Resolution). d. Notwithstanding any other provision of this ofthis Settlement, EPA retains all authority and reserves all rights to take any and all response actions authorized by law. COVENANTS BY PURCHASER‌‌.

Work Takeover. ‌ a. If EPA determines that Purchaser: (1) has ceased implementation of any portion of the Work, (2) is seriously or repeatedly deficient or late in its performance of the Work, or (3) is implementing the Work in a manner which may cause an endangerment to human health or the environment, EPA may issue a written notice (“Work Takeover Notice”) to Purchaser. Any Work Takeover Notice issued by EPA (which writing may be electronic) will‌‌‌ will specify the grounds upon which such notice was issued and will provide Purchaser a period of 30 days within which to remedy the circumstances giving rise to EPA’s issuance of such notice.‌‌‌‌‌‌‌‌‌‌‌notice. b. If, after expiration of the 30-day notice period specified in Paragraph 74.a91.a, Purchaser has not remedied to EPA’s satisfaction the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, EPA may at any time thereafter assume the performance of all or any portion(s) of the Work as EPA deems necessary (“Work Takeover”). EPA will notify Purchaser in writing (which writing may be electronic) if EPA determines that implementation of a Work Takeover is warranted under this Paragraph 74.b91.b. Funding of Work Takeover costs is addressed under Paragraph 94 110 (Access to Financial Assurance).‌‌‌Assurance). c. Purchaser may invoke dispute EPA’s Work Takeover decision under Paragraph 91 solely through the procedures set forth in Paragraph 61 67 (Formal Dispute Resolution) to dispute EPA’s implementation of a Work Takeover under Paragraph 74.b). However, notwithstanding Purchaser’s invocation of such dispute resolution procedures, and during the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover under Paragraph 74.b 91 until the earlier of (1) the date that Purchaser remedies, to EPA’s satisfaction, the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, or (2) the date that a written decision terminating such Work Takeover is rendered in accordance with Paragraph 61 (Formal Dispute Resolution). d. Notwithstanding any other provision of this Settlement, EPA retains all authority and reserves all rights to take any and all response actions authorized by law. COVENANTS BY PURCHASER‌‌or

Work Takeover. ‌ a. If In the event that EPA determines that Purchaser: Respondents have (1i) has ceased implementation of any portion of the Work, (2ii) is seriously or repeatedly deficient or late in its performance of the Work, or (3iii) is implementing the Work in a manner which may cause an endangerment to human health or the environment, EPA may issue a written notice (“Work Takeover Notice”') to PurchaserRespondents. Any Work Takeover Notice issued by EPA (which writing may be electronic) will‌‌‌ will specify the grounds upon which such notice was issued and will provide Purchaser Respondents a period of 30 21 days within which to remedy the circumstances giving rise to EPA’s issuance of such notice.‌‌‌‌‌‌‌‌‌‌‌notice. b. If, after expiration of the 3021-day notice period specified in Paragraph 74.aParagraph.87a, Purchaser has Respondents have not remedied to EPA’s satisfaction the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, EPA may at any time thereafter assume the performance of all or any portion(s) portions of the Work as EPA deems necessary (“Work Takeover”'). EPA will shall notify Purchaser Respondents in writing (which writing may be electronic) if EPA determines that implementation of a Work Takeover is warranted under this Paragraph 74.b. Funding of Work Takeover costs is addressed under Paragraph 94 (Access to Financial Assurance).‌‌‌87.b. c. Purchaser Respondents may invoke the procedures set forth in Paragraph 61 Section XV (Formal Dispute Resolution) to dispute EPA’s implementation of a Work Takeover under Paragraph 74.b87.b. However, notwithstanding Purchaser’s Respondents’ invocation of such dispute resolution procedures, and during the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover under Paragraph 74.b 87.b until the earlier of (1i) the date that Purchaser remediesRespondents remedy, to EPA’s satisfaction, the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, Notice or (2ii) the date that a written final decision terminating such Work Takeover is rendered in accordance with Paragraph 61 Section XV (Formal Dispute Resolution)) that requires EPA to terminate such Work Takeover. d. Notwithstanding any other provision of this Settlement, EPA retains all authority and reserves all rights to take any and all response actions authorized by law. COVENANTS BY PURCHASER‌‌

Work Takeover. ‌ a. If In the event EPA determines that Purchaser: (1) has Respondents have ceased implementation of any portion of the Work, are seriously or repeatedly deficient or late in their performance of the Work, or are implementing the Work in a manner which may cause an endangerment to human health or the environment, EPA may assume the performance of all or any portion of the Work as EPA determines necessary. Respondents may invoke the procedures set forth in Section XVI (2Dispute Resolution) to dispute EPA’s determination that takeover of the Work is warranted under this Paragraph. Costs incurred by the United States in performing the Work pursuant to this Paragraph shall be considered Future Response Costs that Respondents shall pay pursuant to Section XV (Payment of Response Costs). Notwithstanding any other provision of this Settlement Agreement, EPA retains all authority and reserves all rights to take any and all response actions authorized by law. a. In the event EPA determines that Respondents (i) have ceased implementation of any portion of the Work, or (ii) are seriously or repeatedly deficient or late in its performance of the Work, or (3iii) is are implementing the Work in a manner which may cause an endangerment to human health or the environment, EPA may issue a written notice (“Work Takeover Notice”) ” to Purchaserthe Respondents. Any Work Takeover Notice issued by EPA (which writing may be electronic) will‌‌‌ will specify the grounds upon which such notice was issued and will provide Purchaser Respondents a period of 30 days twenty-one (21) Days within which to remedy the circumstances giving rise to EPA’s issuance of such notice.‌‌‌‌‌‌‌‌‌‌‌notice. b. If, after expiration of the 30twenty-day one (21) Day notice period specified in Paragraph 74.asubparagraph 62.a, Purchaser has Respondents have not remedied to EPA’s satisfaction the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, EPA may at any time thereafter assume the performance of all or any portion(s) portions of the Work as EPA deems necessary (“Work Takeover”). EPA will shall notify Purchaser Respondents in writing (which writing may be electronic) if EPA determines that implementation of a Work Takeover is warranted under this Paragraph 74.b. Funding of Work Takeover costs is addressed under Paragraph 94 (Access to Financial Assurance).‌‌‌subparagraph 62.b. c. Purchaser Respondents may invoke the procedures set forth in Paragraph 61 Section XVI (Formal Dispute Resolution) ), Paragraph 43, to dispute EPA’s 's implementation of a Work Takeover under Paragraph 74.bsubparagraph 62.b. However, notwithstanding Purchaser’s Respondents’ invocation of such dispute resolution procedures, and during the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover under Paragraph 74.b subparagraph 62.b until the earlier of of (1i) the date that Purchaser remediesRespondents remedy, to EPA’s satisfaction, the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, Notice or (2ii) the date that a written final decision terminating such Work Takeover is rendered in accordance with Paragraph 61 Section XVI (Formal Dispute Resolution), Paragraph 43, requiring EPA to terminate such Work Takeover. d. Notwithstanding After commencement and for the duration of any other provision Work Takeover, EPA shall have immediate access to and benefit of any financial assurance(s) provided pursuant to Section XXVI of this SettlementSettlement Agreement in accordance with the provisions of Paragraph 80 of that Section. If and to the extent that EPA is unable to secure the resources guaranteed under any such performance guarantee(s) and the Respondents fail to remit a cash amount up to but not exceeding the estimated cost of the remaining Work to be performed, all in accordance with the provisions of Paragraph 80, any unreimbursed costs incurred by EPA retains all authority and reserves all rights in performing Work under the Work Takeover shall be considered Future Response Costs that Respondents shall pay pursuant to take any and all response actions authorized by law. COVENANTS BY PURCHASER‌‌Section XV (Payment of Response Costs).

Work Takeover. ‌ a. If In the event EPA determines that Purchaser: (1) has Respondents have ceased implementation of any portion of the Work, (2) is seriously or repeatedly deficient or late in its performance of the Work, or (3) is implementing the Work in a manner which that may cause an endangerment to human health or the environment, EPA may issue a written notice (“Work Takeover Notice”) to Purchaserthe Respondents. Any Work Takeover Notice issued by EPA (which writing may be electronic) will‌‌‌ will specify the grounds upon which such notice was issued and will provide Purchaser Respondents a period of 30 ten days within which to remedy the circumstances giving rise to EPA’s issuance of such notice.‌‌‌‌‌‌‌‌‌‌‌ b. If, notice. If after expiration of the 30ten-day notice period specified in Paragraph 74.athe preceding sentence, Purchaser has Respondents have not remedied to EPA’s satisfaction the circumstances giving rise to EPA’s issuance issues of the relevant Work Takeover Notice, EPA may at any time thereafter assume the performance of all or any portion(s) portion of the Work as EPA deems determines necessary (“Work Takeover”). EPA will shall notify Purchaser Respondents in writing (which writing may be electronic) if EPA determines that implementation of a Work Takeover is warranted under this Paragraph 74.bwarranted. Funding of Work Takeover costs is addressed under Paragraph 94 (Access to Financial Assurance).‌‌‌ c. Purchaser Respondents may invoke the procedures set forth in Paragraph 61 Section XV (Formal Dispute Resolution) to dispute EPA’s implementation of a determination that Work Takeover is warranted under Paragraph 74.bthis Paragraph. However, notwithstanding PurchaserRespondent’s invocation of such dispute resolution procedures, and during the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover under Paragraph 74.b until the earlier of (1) the date that Purchaser remediesRespondent’s remedy, to EPA’s satisfaction, the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, or (2) the date that a written final decision terminating such Work Takeover is rendered in accordance with Paragraph ¶ 61 (Formal Dispute Resolution) requiring EPA to terminate such Work Takeover. Costs incurred by EPA in performing the Work pursuant to this Paragraph shall be considered Future Response Costs that Respondents shall pay pursuant to Section XVIII (Payment of Future Response Costs). d. . Notwithstanding any other provision of this SettlementSettlement Agreement, EPA retains all authority and reserves all rights to take any and all response actions authorized by law. COVENANTS BY PURCHASER‌‌.

Work Takeover. ‌ a. If In the event EPA determines that Purchaserone of the following with respect to Respondents’ performance: (1) has Respondents have ceased implementation of any portion of the Work, ; (2) is Respondents are seriously or repeatedly deficient or late in its their performance of the Work, ; or (3) is Respondents are implementing the Work in a manner which that may cause an endangerment to human health or the environment, EPA may issue a written notice (“Work Takeover Notice”) to PurchaserRespondents. Any Work Takeover Notice Notices issued by EPA (which writing may be electronic) will‌‌‌ will specify the grounds upon which such notice was issued and will provide Purchaser Respondents a period of 30 10 days within which to remedy the circumstances giving rise to EPA’s issuance of such notice.‌‌‌‌‌‌‌‌‌‌‌notice. b. If, after expiration of the 3010-day notice period specified in Paragraph 74.a, Purchaser has ¶ 74.a Respondents have not remedied to EPA’s satisfaction the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, EPA may at any time thereafter assume the performance of all or any portion(s) of the Work as EPA deems necessary (“Work Takeover”). EPA will notify Purchaser Respondents in writing (which writing may be electronic) if EPA determines that implementation of a Work Takeover is warranted under this Paragraph ¶ 74.b. Funding of Work Takeover costs is addressed under Paragraph 94 ¶ 100 (Access to Financial Assurance).‌‌‌Assurance). c. Purchaser Respondents may invoke the procedures set forth in Paragraph 61 ¶ 49 (Formal Dispute Resolution) to dispute EPA’s implementation of a Work Takeover under Paragraph ¶ 74.b. However, notwithstanding Purchaser’s Respondents’ invocation of such dispute resolution procedures, and during the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover under Paragraph ¶ 74.b until the earlier of (1) the date that Purchaser remediesRespondents remedy, to EPA’s satisfaction, the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, or (2) the date that a written decision terminating such Work Takeover is rendered in accordance with Paragraph 61 ¶ 49 (Formal Dispute Resolution). d. Notwithstanding any other provision of this Settlement, EPA retains all authority and reserves all rights to take any and all response actions authorized by law. COVENANTS BY PURCHASER‌‌.

Work Takeover. ‌ a. If In the event EPA determines that Purchaser: Respondents have (1) has ceased implementation of any portion of the Work, or (2) is are seriously or repeatedly deficient or late in its their performance of the Work, or (3) is are implementing the Work in a manner which may cause an endangerment to human health or the environment, EPA may issue a written notice (“Work Takeover Notice”) to PurchaserRespondents. Any Except in potential endangerment situations where EPA determines that Respondents are implementing the Work in a manner which may cause an endangerment to human health or the environment, any Work Takeover Notice issued by EPA (which writing may be electronic) will‌‌‌ will specify the grounds upon which such notice was issued and will provide Purchaser Respondents a period of 30 ten (10) days within which to remedy the circumstances giving rise to EPA’s issuance of such notice.‌‌‌‌‌‌‌‌‌‌‌notice. b. If, after expiration of the 30ten-day notice period specified in Paragraph 74.a98.a, Purchaser has Respondents have not remedied to EPA’s satisfaction the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, EPA may at any time thereafter assume the performance of all or any portion(s) of the Work as EPA deems necessary (“Work Takeover”). EPA will notify Purchaser Respondents in writing (which writing may be electronic) if EPA determines that implementation of a Work Takeover is warranted under this Paragraph 74.b. Funding of Work Takeover costs is addressed under Paragraph 94 (Access to Financial Assurance).‌‌‌98.b. c. Purchaser Respondents may invoke the procedures set forth in Paragraph 61 Section XVII (Formal Dispute Resolution) ), to dispute EPA’s implementation of a Work Takeover under Paragraph 74.b98.b. However, notwithstanding Purchaser’s Respondents’ invocation of such dispute resolution procedures, and during the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover under Paragraph 74.b 98.b until the earlier of (1) the date that Purchaser remediesRespondents remedy, to EPA’s satisfaction, the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, or (2) the date that a written final decision terminating such Work Takeover is rendered in accordance with Paragraph 61 Section XVII (Formal Dispute Resolution)) requiring EPA to terminate such Work Takeover. d. Notwithstanding After commencement and for the duration of any other provision of this SettlementWork Takeover, EPA retains all authority shall have immediate access to and reserves all rights to take benefit of any and all response actions authorized by law. COVENANTS BY PURCHASER‌‌money in the NTCRA Trust Fund in accordance with the provisions of Paragraph 7 of the NTCRA Trust Agreement.

Work Takeover. ‌ a. If In the event EPA determines that PurchaserRespondent: (1) has ceased implementation of any portion of the ofthe Work, ; (2) is are seriously or repeatedly deficient or late in its their performance of the Work, ; or (3) is are implementing the Work in a manner which that may cause an endangerment to human health or the environment, EPA may issue a written notice (“Work Takeover Notice”) to PurchaserRespondent. Any Work Takeover Notice issued by EPA (which writing may inay be electronic) will‌‌‌ will specify the grounds upon which such notice was issued and will provide Purchaser Respondent a period of 30 10 days within which to remedy the circumstances giving rise to EPA’s issuance of such notice.‌‌‌‌‌‌‌‌‌‌‌notice. b. If, after expiration of the 30ofthe 3-day notice period specified in Paragraph 74.a69.a, Purchaser has not Respondent have hot remedied to EPA’s satisfaction the circumstances giving rise to EPA’s issuance of the relevant Work Takeover Notice, EPA may at any time thereafter assume the performance of all or any portion(s) of the Work as EPA deems necessary (“Work Takeover”). EPA will notify Purchaser Respondent in writing (which writing may be electronic) if EPA determines that implementation of a Work Takeover is warranted under this Paragraph 74.b69.b. Funding of Work Takeover T^eover costs is addressed under Paragraph 94 91 (Access to Financial Assurance).‌‌‌Assurance). c. Purchaser Respondent may invoke the procedures set forth in Paragraph 61 48 (Formal Dispute Resolution) to dispute EPA’s implementation of a Work Takeover under Paragraph 74.b69.b. However, notwithstanding PurchaserRespondent’s invocation of such dispute resolution procedures, and during the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover under imder Paragraph 74.b 69.b until the earlier of (1) the date that Purchaser Respondent remedies, to EPA’s satisfaction, the circumstances giving rise to EPA’s issuance of the relevant Work Takeover T^eover Notice, or (2) the date that a written decision terminating such Work Takeover is rendered in accordance with Paragraph 61 48 (Formal Dispute Resolution). d. Notwithstanding any other provision of this Settlement, EPA retains all authority and reserves all rights to take any and all response actions authorized by law. COVENANTS BY PURCHASER‌‌.