Common use of Work Takeover Clause in Contracts

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. In the event the Forest Service determines that Respondents have Respondent has ceased implementation of any portion of the Work, are is seriously or repeatedly deficient or late in their its performance of the Work, or are is implementing the Work in a manner that which may cause an endangerment to human health or the environment, the Forest Service may assume the performance of all or any or all portion(s) portion of the Work as the Forest Service determines necessary. Respondents Respondent may invoke the procedures set forth in Section XVII XVI (Dispute Resolution) to dispute the Forest Service’s determination that takeover of the Work is warranted under this Paragraph. Costs that incurred by the United States incurs in performing the Work pursuant to this Paragraph shall be considered Future Response Costs that Respondents Respondent shall pay pursuant to Section XIX XV (Reimbursement Payment of Response 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.