Work Takeover a. In the event EPA determines that Respondent: (1) has ceased iniplementation of any portion of the Work; (2) is seriously or repeatedly deficient or late in its performance of the Work; or (3) is implementing the Work in a manner that may cause an endangerment to human health or the environment, EPA may issue a written notice (“Work Takeover Notice”) to Respondent. Any Work Takeover Notice issued by EPA (which writing may be electronic) will specify the grounds upon which such notice was issued and will provide Respondent a period of 3 days within which to remedy the circumstances giving rise to EPA’s issuance of such notice.
Work Takeover. In the event EPA determines that Respondents have ceased implementation of any portion of the Work, are seriously or repeatedly deficient or late in their performance of the Work, or are implementing the Work in a manner which may cause an endangerment to human health or the environment, EPA may assume the performance of all or any portion of the Work as EPA determines necessary. Respondents may invoke the procedures set forth in Section XVI (Dispute Resolution) to dispute EPA’s determination that takeover of the Work is warranted under this Paragraph. Costs incurred by the United States in performing the Work pursuant to this Paragraph shall be considered Future Response Costs that Respondents shall pay pursuant to Section XV (Payment of Response Costs). Notwithstanding any other provision of this Settlement Agreement, EPA retains all authority and reserves all rights to take any and all response actions authorized by law.
Work Takeover. If EPA determines that Respondents: (1) have ceased to perform any portion of the Work; (2) are seriously or repeatedly deficient or late in performing the Work; or (3) are performing the Work in a manner that may cause an endangerment to public health or welfare or the environment, EPA may issue a notice of Work Takeover to Respondents, including a description of the grounds for the notice and a period of time (“Remedy Period”) within which Respondents shall remedy the circumstances giving rise to the notice. The Remedy Period will be [20] days, unless EPA determines in its unreviewable discretion that there may be an endangerment, in which case the Remedy Period will be [10] days. If, by the end of the Remedy Period, Respondents do not remedy to EPA’s satisfaction the circumstances giving rise to the notice of Work Takeover, EPA may notify Respondents and, as it deems necessary, commence a Work Takeover. EPA may conduct the Work Takeover during the pendency of any dispute under Section XIII but shall terminate the Work Takeover if and when: (1) Respondents remedy, to EPA’s satisfaction, the circumstances giving rise to the notice of Work Takeover; or (2) upon the issuance of a final determination under Section XIII that EPA is required to terminate the Work Takeover.
Work Takeover. In the event EPA determines that Respondent has ceased implementation of any portion of the Work, is seriously or repeatedly deficient or late in its performance of the Work, or is implementing the Work in a manner that may cause an endangerment to human health or the environment, EPA may assume the performance of any or all portion(s) of the Work as EPA determines necessary. Costs that EPA incurs in performing the Work pursuant to this Paragraph shall be considered Future Response Costs that Respondent shall pay pursuant to Section XVII (Payment of Response Costs). Notwithstanding any other provision of this Settlement Agreement, EPA retains all authority and reserves all rights to take any and all response actions authorized by law.
Work Takeover. In the event the Forest Service determines that Respondents have ceased implementation of any portion of the Work, are seriously or repeatedly deficient or late in their performance of the Work, or are implementing the Work in a manner that may cause an endangerment to human health or the environment, the Forest Service may assume the performance of any or all portion(s) of the Work as the Forest Service determines necessary. Respondents may invoke the procedures set forth in Section XVII (Dispute Resolution) to dispute the Forest Service’s determination that takeover of the Work is warranted under this Paragraph. Costs that the United States incurs in performing the Work pursuant to this Paragraph shall be considered Future Response Costs that Respondents shall pay pursuant to Section XIX (Reimbursement of Costs). Notwithstanding any other provision of this Settlement Agreement, the Forest Service retains all authority and reserves all rights to take any and all response actions authorized by law.
Work Takeover a. In the event EPA determines that Good Samaritan has ceased implementation of the Work, is seriously or repeatedly deficient or late in its performance of the Work, or is implementing the Work in a manner which may cause an endangerment to human health or the environment, EPA may assume the performance of all or any portion of the Work as EPA determines necessary. Prior to taking over the Work, EPA will issue a written notice to Good Samaritan specifying the grounds upon which such notice was issued and providing Good Samaritan with [ ] days within which to remedy the circumstances giving rise to EPA’s issuance of such notice.
Work Takeover a. If EPA determines, after consultation with and opportunity for comment by XXXX, that Lessee: (1) has ceased implementation of closing any drilled holes, (2) is seriously or repeatedly deficient or late in its performance of closing any drilled holes, or (3) is closing holes in a manner which may cause endangerment to human health or the environment, EPA may issue a written notice (Work Takeover Notice) to Lessee. Any Work Takeover Notice issued by EPA (which writing may be electronic) will specify the grounds upon which such notice was issued and will provide Lessee a period of 30 days within which to remedy the circumstances giving rise to EPA’s issuance of such notice.
Work Takeover. If EPA determines that Purchaser: (1) has ceased to implement any of the Work required under this Section, (2) is seriously or repeatedly deficient or late in its performance of the Work required under this Section, or (3) is performing the Work required under this Section in a manner that may cause an endangerment to public health or welfare or the environment, EPA may issue a notice of Work Takeover to Purchaser, including a description of the grounds for the notice and a period of time (“Remedy Period”) within which Purchaser shall remedy the circumstances giving rise to the notice. The Remedy Period will be [20] days, unless EPA determines in its unreviewable discretion that there may be an endangerment, in which case the Remedy Period will be [10] days. If, by the end of the Remedy Period, Purchaser does not remedy to EPA’s satisfaction the circumstances giving rise to Work Takeover Notice, EPA may notify Purchaser and, as it deems necessary, commence a Work Takeover.
Work Takeover a. In the event the Division determines that Respondent: (1) has ceased implementation of any portion of the Work; (2) is seriously or repeatedly deficient or late in its performance of the Work; or (3) is implementing the Work in a manner that may cause an endangerment to human health or the environment, the Division may issue a written notice (“Work Takeover Notice”) to Respondent. Any Work Takeover Notice issued by the Division will specify the grounds upon which such notice was issued and will provide Respondent a period of 30 days within which to remedy the circumstances giving rise to the Division’s issuance of such notice.
Work Takeover. In the event EPA determines that P4 has ceased implementation of any portion of the Work, is seriously or repeatedly deficient or late in its performance of the Work, or is implementing the Work in a manner which may cause an endangerment to human health or the environment, EPA may assume the performance of all or of any portion of the Work as EPA determines necessary. P4 may invoke the dispute resolution procedures set forth in Section XXI of this Settlement Agreement to dispute EPA’s determination that takeover of the Work is warranted. Costs incurred by EPA in performing the Work pursuant to this Paragraph shall be considered Future Response Costs that P4 shall pay pursuant to Section XXIII (“Reimbursement of Federal Agency Response Costs”), subject to the dispute resolution procedures set forth in Section XXI of this Settlement Agreement. Except as provided in Section XXIX (“P4 Covenant Not to Sue”), P4 reserves all rights, claims, and defenses it may have, including the right to bring an action against the United States (except EPA), the State of Idaho, and/or their agencies and departments under CERCLA for recovery of any response costs incurred under CERCLA in connection with EPA’s Work takeover of the Sites. Notwithstanding any other provision of this Settlement Agreement, EPA retains all authority and reserves all rights to take any and all response actions authorized by law.
