Contingency Plans/Remedial Actions Clause Samples

The Contingency Plans/Remedial Actions clause outlines the procedures and responsibilities for responding to unexpected events or failures that could impact the performance of a contract. Typically, this clause requires the parties to develop and maintain detailed plans for addressing potential disruptions, such as equipment breakdowns, supply chain interruptions, or regulatory changes. By establishing clear steps for mitigation and recovery, the clause ensures that both parties are prepared to minimize losses and resume normal operations quickly, thereby reducing uncertainty and allocating responsibility for managing unforeseen risks.
Contingency Plans/Remedial Actions. In the event the HCCC ILF Program fails to 19 achieve by the specified date one or more of the performance standards identified in an 20 approved Mitigation Plan consistent with provisions in Appendix K, the Sponsor shall develop 21 necessary contingency plans and implement appropriate remedial and monitoring actions, as 22 specified in Appendix O, to attain those project objectives and performance standards. Prior to 23 their execution, proposals for the contingency plans and remediation and monitoring activities 24 must be approved by the Corps and Ecology, after consultation with the Sponsor, and the IRT.
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Contingency Plans/Remedial Actions. In the event the Bank or a specific phase of the Bank fails to achieve the success criteria specified in Part IV, Section E, of this MBI/Permit, the Sponsor shall develop necessary contingency plans and implement appropriate remedial actions for the Bank or that phase in coordination with the MBRT. In the event the Sponsor fails to implement necessary remedial actions in a timely manner after notification by the Corps or FDEP of necessary remedial action to address any failure in meeting the success criteria, the authorizing agency(ies) will notify the Sponsor and recommend appropriate remedial actions. If the authorizing agency(ies) determines that the Bank is selling credits prior to their release or are not in compliance with the terms of this agreement, debiting of credits will immediately cease, and the authorizing agency(ies), in consultation with the MBRT and the Sponsor, will determine what remedial actions are necessary to correct the situation. As determined by the FDEP or the Chair in coordination with the MBRT and the Sponsor, if conditions at the bank site do not improve or continue to deteriorate within a reasonable time frame from the date that the need for remediation was first identified in writing to the Sponsor by FDEP or the Chair of the MBRT, the financial assurance funds required in Part III, Section D. shall be transferred to the fund manager to undertake corrective measures at the project site. At the request of the Sponsor, the MBRT will perform a final compliance visit to determine whether all success criteria have been satisfied. Upon satisfaction of the success criteria, the construction and implementation trust fund will be released to the Sponsor, and the Sponsor will be allowed to use the long-term management trust fund to implement the management plan.
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Contingency Plans/Remedial Actions. In the event the Bank Parcel fails to achieve the success criteria described in this Instrument and the approved BPDP, the Bank Sponsor shall develop necessary contingency plans in coordination with the DWR and implement appropriate remedial actions for the Bank Parcel and the Bank. Depending on the degree of remedial actions required, the DWR may modify the monitoring period. Financial Assurances Following approval of the BPDP, the Sponsor shall provide a Performance Bond from a surety company that is rated no less than an “A-” as rated by A.M. Best. The Performance Bond amount shall be 100% of the estimated cost for implementation of the buffer restoration and/or stormwater BMP project as described in the approved BPDP, but not less than $150,000.00. Alternatively, in lieu of posting the Performance Bond, the Sponsor may elect to construct the project prior to the first credit release. After completion of the restoration/construction, a separate Performance/Maintenance Bond will be secured for 100% of the estimated cost to implement the monitoring and maintenance plan but not less than $100,000.00. The Performance/Maintenance Bond shall be in effect for a minimum of five years, and until DWR has released all mitigation credits to the Bank Sponsor. Upon DWR approval, this may be lowered each year based on the adjusted cost to complete the monitoring calculation of Mitigation credits and credit release schedule Riparian Buffer Credit may be achieved through restoration or enhancement of the DWR riparian buffer, as defined in 15A NCAC 02B .02XX (type in the applicable buffer rule here) and per 15A NCAC 02B .02XX(type in the applicable buffer mitigation rule here). Nutrient Offset Credit may be achieved through restoration or enhancement of the riparian area adjacent to surface water features. Surface water features do not have to be intermittent or perennial, nor do they have to be depicted on a USGS, NRCS, or EMC approved map. However, surface water features must be hydrologically connected and drain to jurisdictional waters that are either intermittent or perennial. The width of the restoration area begins at the most landward limit of the top of bank or the rooted herbaceous vegetation and extends landward a maximum distance of 200 feet on all sides of the surface water. The mitigation accomplished in the DWR riparian buffer, as defined in 15A NCAC 02B .02XX (type in the applicable buffer rule here) and per 15A NCAC 02B .02XX(type in the applicable buffe...
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Contingency Plans/Remedial Actions. In the event the Bank or a specific phase of the Bank fails to achieve the performance standards specified in Part V, Section E of this MOA, the Sponsor shall develop necessary contingency plans and implement appropriate remedial actions for the Bank or that phase of the bank in coordination with the MBRT. In the event the Sponsor fails to implement necessary remedial actions within one growing season (November 1 of the following year) after notification by the Corps and/or DSL of necessary remedial action to address any failure in meeting the performance standards, the MBRT (acting through the co-chairs) will notify the Sponsor and the appropriate authorizing agency(ies) and recommend appropriate remedial actions including suspension/revocation of available mitigation credits. If the co-chair(s) determines that the Bank is operating at a deficit, debiting by the Sponsor of credits shall immediately cease, and the co-chair(s), in consultation with the MBRT and the Sponsor, will determine what remedial actions are necessary to correct the situation. As determined by the co- chair’s in coordination with the MBRT and the Sponsor, if conditions at the Bank site do not improve or continue to deteriorate within one growing season from the date that the need for remediation was first identified in writing to the Sponsor by the co-chair’s of the MBRT, the MBRT, (acting through the co-chair’s) shall request the escrow agent to transfer the amount necessary to correct the deficiency from the Financial Assurances to a party acceptable to the Corps and DSL, to undertake corrective measures. The Corps and DSL may also choose to suspend credit transactions until the deficiency(ies) is (are) corrected. At the written request of the Sponsor, the MBRT will perform a compliance visit to determine whether all Performance Measures have been satisfied.
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Contingency Plans/Remedial Actions. In the event the Bank, or a specific phase or portion of the Bank, fails to achieve the performance standards specified in the Mitigation Plan (Exhibit C) for two growing seasons, the Sponsor shall develop a remedial action plan before the end of the second calendar year in which the standards were not met. The remedial action plan shall be reviewed and approved in writing by the co-chair agencies prior to being implemented. The remedial action plan shall be implemented according to the schedule included in such plan. In the event the Sponsor fails to submit a plan or to implement the remedial action plan within the time specified in such plan as approved, the Bank may be subject to suspension or revocation of available mitigation credits and/or forfeiture of the financial security instruments, or other enforcement action, as allowed under the regulatory authorities of the co-chair agencies.
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Contingency Plans/Remedial Actions. In the event the Bank [or a specific phase of the Bank] fails to achieve the success criteria specified in Part IV, Section E of this Banking Instrument, the Sponsor shall develop necessary contingency plans and implement appropriate remedial actions for the Bank [or that phase] in coordination with the MBRT. In the event the Sponsor fails to implement necessary remedial actions within calendar days after notification by the Corps [identify any other authorizing agency(s)] of necessary remedial action to address any failure in meeting the success criteria , the MBRT (acting through the Chair) will notify the Sponsor and the appropriate authorizing agency(ies) and recommend appropriate remedial actions. If the authorizing agency(ies) determines that the Bank is operating at a deficit, debiting of credits will immediately cease, and the authorizing agency(ies), in consultation with the MBRT and the Sponsor, will determine what remedial actions are necessary to correct the situation. As determined by the Chair in coordination with the MBRT and the Sponsor, if conditions at the bank site do not improve or continue to deteriorate within a reasonable time frame from the date that the need for remediation was first identified in
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Related to Contingency Plans/Remedial Actions

  • Contingency Plan Contractor is aware that unforeseen circumstances, Including damage to their Facility(ies), equipment breakdowns, weather-related emergencies and other Force Majeur events, may require their participation in non-scheduled operations in order to provide continuous service to the public. Contractor hereby acknowledges that, under this Agreement, they are prepared to commit to participation in training for such emergency scenarios and to provide vehicles and personnel to maintain uninterrupted service during impairment or breakdown of Contractor’s Facility or equipment, and in case of natural disaster or other emergency, Including the events described in Section 14.09.

  • Remedial Actions In the event of Recipient’s noncompliance with section 603 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

  • Contingency Planning The Official Agency in conjunction with the Authority shall ensure that there are contingency plans in place at appropriate levels for dealing with food related crises and incidents. The contingency plan shall be in line with Article 115 of Regulation (EU) 2017/625 and include arrangements for activation of the plan, establishment of a crisis team, communication and information, out of hours contacts and on call services. As part of these plans, the Official Agency will provide the Authority with contact points for both office hours and out of office hours contact for emergency and crisis situations. The Official Agency shall facilitate training of personnel in the operation and exercise of the contingency plans. Periodic review of the plans shall take place in consultation with the Authority. The Official Agency shall implement the agreed Inter-Agency Protocol for the Management of a Food Crisis and guidance on Management of Outbreaks of Foodborne Illness as per Section 1.19.

  • Hazardous Materials; Remediation (a) If any material release or disposal of Hazardous Materials shall occur or shall have occurred on any real property or any other assets of any Borrower or any other Credit Party, such Credit Party will cause the prompt containment and removal of such Hazardous Materials and the remediation of such real property or other assets as is necessary to comply with all applicable Environmental Laws and Healthcare Laws and to preserve the value of such real property or other assets. Without limiting the generality of the foregoing, each Credit Party shall comply in all material respects with each Environmental Law and Healthcare Law requiring the performance at any real property by any Borrower or any other Credit Party of activities in response to the release or threatened release of a Hazardous Material. (b) Credit Parties will provide Agent within thirty (30) days after written demand therefor with a bond, letter of credit or similar financial assurance evidencing to the reasonable satisfaction of Agent that sufficient funds are available to pay the cost of removing, treating and disposing of any Hazardous Materials or Hazardous Materials Contamination and discharging any assessment which may be established on any property as a result thereof, such demand to be made, if at all, upon Agent’s reasonable business determination that the failure to remove, treat or dispose of any Hazardous Materials or Hazardous Materials Contamination, or the failure to discharge any such assessment could reasonably be expected to have a Material Adverse Effect.

  • Environmental, Health and Safety Matters (a) Comply in all material respects with all applicable Environmental Laws, including, without limitation, obtaining and complying with and maintaining any and all licenses, approvals, notifications, registrations or permits required by applicable Environmental Laws. For purposes of this Section 5.12(a), material noncompliance by the Company, any of its Subsidiaries or any tenant or subtenant, with any applicable Environmental Law shall be deemed not to constitute a breach of this covenant provided that, upon learning of any actual or suspected material noncompliance, the Company and the relevant Subsidiaries shall promptly undertake all reasonable efforts to achieve material compliance (or contest in good faith by appropriate proceedings the alleged violation or applicable Environmental Law at issue and (to the extent required by GAAP) provide on the books of the Company or any of its Subsidiaries, as the case may be, reserves in accordance with GAAP with respect thereto), and provided further that, in any case, such noncompliance, and any other noncompliance with applicable Environmental Law, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect. (b) Promptly comply in all material respects with all lawful orders and directives of all Governmental Authorities regarding applicable Environmental Laws, except to the extent that the validity thereof is currently being contested in good faith by appropriate proceedings and (to the extent required by GAAP) reserves in accordance with GAAP with respect thereto have been provided on the books of the Company or any of its Subsidiaries, as the case may be. (c) Defend, indemnify and hold harmless the Administrative Agent and the Lenders, and their respective parents, subsidiaries, affiliates, employees, agents, officers and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs and expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way relating to the violation of, noncompliance with or liability under any Environmental Laws applicable to the Company or any of its Subsidiaries or any of their respective operations or properties, or any orders, requirements or demands of Governmental Authorities related thereto, including, without limitation, attorney’s and consultant’s fees, investigation and laboratory fees, response costs, court costs and litigation expenses, except to the extent that any of the foregoing arise out of the gross negligence or willful misconduct of (or, as determined pursuant to a claim initiated by the Company, breach in bad faith of its express obligations under the applicable Loan Documents by) the party seeking indemnification therefor, in each case, as determined by a final non-appealable judgment by a court of competent jurisdiction. This indemnity shall continue in full force and effect regardless of the termination of this Agreement.