Common use of Security and Incident Response Clause in Contracts

Security and Incident Response. 18.2.1 Developer is responsible for the safety and security of the Project and the workers and public thereon during all construction, operation and maintenance activities under the control of any Developer-Related Entity. 18.2.2 Developer shall comply with all rules, directives and guidance of the U.S. Department of Homeland Security and comparable State agency, and shall coordinate and cooperate with all Governmental Entities providing security, first responder and other public emergency response services. Without limiting the foregoing, whenever the Homeland Security Advisory System (HSAS) or successor system is raised to “orange” or “red” or comparable level of threat or alert for any region in which the Project is located or which the Project serves, Developer, at its expense, shall assign management personnel with decision-making authority to be personally present at the relevant emergency operations center serving the region. Developer shall provide such service 24 hours a day, seven days a week, until such level or threat or alert is reduced below the “orange”, “red” or comparable level, or until the lead agency at the operations center determines such staffing level is no longer necessary. 18.2.3 Developer shall perform and comply with the provisions of the Technical Provisions concerning Incident response, safety and security.