Common use of Emergency Responses Clause in Contracts

Emergency Responses. Notwithstanding anything to the contrary in this Agreement, nothing herein shall be construed as precluding the Ditch Company from taking any immediate actions it deems necessary in an emergency. An emergency situation for purposes of this Agreement is any circumstances where the risk of inaction is (i) the loss of water to which the Ditch Company is entitled; (ii) damage or threat of damage to the SBCC Infrastructure, Ditch Company Property, or Ditch Crossing; or (iii) any hazard or potential hazard to the health, safety, welfare or property rights of the public. If the Ditch Company responds to such an emergency, it shall notify the Town or Developer, as may be applicable, as soon as is practicable under the circumstances. To the extent the emergency response addresses an obligation of the Town or the Developer under the terms of this Agreement, the Ditch Company shall be entitled to full reimbursement of such costs pursuant to Section 8 from the Town or the Developer, whichever is responsible. This emergency provision does not, however, create a contractual obligation for the Ditch Company to take any specific actions.