Common use of Emergency Actions Clause in Contracts

Emergency Actions. Notwithstanding the foregoing, in the event Operator or Operator’s Representatives have caused damage to Town Roads of a magnitude sufficiently great to create a hazard to the motoring public, which in Town’s opinion warrants an immediate repair or Town Road closing, Town may unilaterally close those Town Road(s) affected and make or authorize repair, with the reasonable, documented costs thereof paid for by Operator from the Maintenance Account as described in Section 2.E. of this Agreement. Both Parties acknowledge that while Town is the Jurisdictional Authority for those Town Roads listed in Exhibit B, certain emergency situation(s) may arise that fall under law enforcement, fire district or emergency management control. In such situations the road may be closed to traffic, including traffic from the Project, outside the control of Town. Town shall not be responsible for any harm to Operator, Operator’s Representatives or the Project that may result from Town Road closings that occur due to such emergencies.

Emergency Actions. Notwithstanding the foregoing, in the event Operator or Operator’s Representatives have caused damage to Town County Roads of a magnitude sufficiently great to create a hazard to the motoring public, which in TownCounty’s opinion warrants an immediate repair or Town County Road closing, Town County may unilaterally close those Town County Road(s) affected and make or authorize repair, with the reasonable, documented costs thereof paid for by Operator from the Maintenance Account as described in Section 2.E. of this Agreement. Both Parties acknowledge that while Town County is the Jurisdictional Authority for those Town County Roads listed in Exhibit B, certain emergency situation(s) may arise that fall under law enforcement, fire district or emergency management control. In such situations the road may be closed to traffic, including traffic from the Project, outside the control of TownCounty. Town County shall not be responsible for any harm to Operator, Operator’s Representatives or the Project that may result from Town County Road closings that occur due to such emergencies.