Illegal, Unsafe or Improper Instructions. If Operator instructs WCMRC to take any action under this Agreement in a manner which would, based on the reasonable judgment of WCMRC: (a) be illegal (including an action that is illegal because it is fraudulent or deceptive); (b) endanger the safety of any employee, agent, contractor or subcontractor of WCMRC, or any third party or jeopardize the safety of any WCMRC equipment in a manner not reasonable given the nature of the oil spill response industry;or (c) be in violation of or breach this Agreement in any material respect; then WCMRC may refuse to follow such specific instruction by giving Operator oral (promptly confirmed in writing) or written notice of such refusal (specifying in reasonable detail the specific reason for such refusal). Any refusal under this Section of any obligation of WCMRC to take any instructed action shall not affect any obligation of WCMRC to take instructed actions under circumstances that would not result in the happening of the events specified in the preceding Subsections (a)-(c).
Appears in 3 contracts
Sources: Membership Agreement, Membership Agreement, Membership Agreement
Illegal, Unsafe or Improper Instructions. If Operator Owner instructs WCMRC to take any action under this Agreement in a manner which would, based on the reasonable judgment of WCMRC:
(a) be illegal (including an action that is illegal because it is fraudulent or deceptive);
(b) endanger the safety of any employee, agent, contractor or subcontractor of WCMRC, or any third party or jeopardize the safety of any WCMRC equipment in a manner not reasonable given the nature of the oil spill response industry;orindustry; or
(c) be in violation of or breach this Agreement in any material respect; then WCMRC may refuse to follow such specific instruction by giving Operator Owner oral (promptly confirmed in writing) or written notice of such refusal (specifying in reasonable detail the specific reason for such refusal). Any refusal under this Section of any obligation of WCMRC to take any instructed action shall not affect any obligation of WCMRC to take instructed actions under circumstances that would not result in the happening of the events specified in the preceding Subsections (a)-(c).
Appears in 2 contracts
Sources: Ship (Bulk Oil) Membership Agreement, Ship (Non Bulk Oil) Membership Agreement
Illegal, Unsafe or Improper Instructions. If Operator instructs WCMRC to take any action under this Agreement in a manner which would, based on the reasonable judgment of WCMRC:
(a) be illegal (including an action that is illegal because it is fraudulent or deceptive);
(b) endanger the safety of any employee, agent, contractor or subcontractor of WCMRC, or any third party or jeopardize the safety of any WCMRC equipment in a manner not reasonable given the nature of the oil spill response industry;orindustry; or
(c) be in violation of or breach this Agreement in any material respect; then WCMRC may refuse to follow such specific instruction by giving Operator oral (promptly confirmed in writing) or written notice of such refusal (specifying in reasonable detail the specific reason for such refusal). Any refusal under this Section of any obligation of WCMRC to take any instructed action shall not affect any obligation of WCMRC to take instructed actions under circumstances that would not result in the happening of the events specified in the preceding Subsections (a)-(c).
Appears in 1 contract
Illegal, Unsafe or Improper Instructions. If Operator instructs WCMRC to take any action under this Agreement in a manner which would, based on the reasonable judgment of WCMRC:
(a) be illegal (including an action that is illegal because it is fraudulent or deceptiveordeceptive);
(b) endanger the safety of any employee, agent, contractor or subcontractor of WCMRC, or any third party or jeopardize the safety of any WCMRC equipment in a manner not reasonable given the nature of the oil spill response industry;orindustry; or
(c) be in violation of or breach this Agreement in any material respect; then WCMRC may refuse to follow such specific instruction by giving Operator oral (promptly confirmed in writing) or written notice of such refusal (specifying in reasonable detail the specific reason for such refusal). Any refusal under this Section of any obligation of WCMRC to take any instructed action shall not affect any obligation of WCMRC to take instructed actions under circumstances that would not result in the happening of the events specified in the preceding Subsections (a)-(c).
Appears in 1 contract
Sources: Membership Agreement
Illegal, Unsafe or Improper Instructions. If Operator Subscriber instructs WCMRC to take any action under this Agreement in a manner which would, based on the reasonable judgment of WCMRC:
(a) be illegal (including an action that is illegal because it is fraudulent or deceptive);
(b) endanger the safety of any employee, agent, contractor or subcontractor of WCMRC, WCMRC or any third party or jeopardize the safety of any WCMRC equipment in a manner not reasonable given the nature of the oil spill response industry;orinjury; or
(c) be in violation of or breach this Agreement in any material respect; then WCMRC may refuse to follow such specific instruction by giving Operator Subscriber oral (promptly confirmed in writing) or written notice of such refusal (specifying in reasonable detail the specific reason for such refusal). Any refusal under this Section of any obligation of WCMRC to take any instructed action shall not affect any obligation of WCMRC to take instructed actions under circumstances that would not result in the happening of the events specified in the preceding Subsections (a)-(c).
Appears in 1 contract
Sources: Subscriber Agreement
Illegal, Unsafe or Improper Instructions. If Operator Subscriber instructs WCMRC to take any action under this Agreement in a manner which would, based on the reasonable judgment of WCMRC:
(a) be illegal (including an action that is illegal because it is fraudulent or deceptiveordeceptive);
(b) endanger the safety of any employee, agent, contractor or subcontractor of WCMRC, WCMRC or any third party or jeopardize the safety of any WCMRC equipment in a manner not reasonable given the nature of the oil spill response industry;orinjury; or
(c) be in violation of or breach this Agreement in any material respect; then WCMRC may refuse to follow such specific instruction by giving Operator Subscriber oral (promptly confirmed in writing) or written notice of such refusal (specifying in reasonable detail the specific reason for such refusal). Any refusal under this Section of any obligation of WCMRC to take any instructed action shall not affect any obligation of WCMRC to take instructed actions under circumstances that would not result in the happening of the events specified in the preceding Subsections (a)-(c).
Appears in 1 contract
Sources: Subscriber Agreement