Common use of Work Takeover Clause in Contracts

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 EPA determines that Respondent has Respondents have 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 which may cause an endangerment to human health or the environment, EPA may assume the performance of all or any or all portion(s) portion of the Work as EPA determines necessary. Costs that incurred by EPA incurs in performing the Work pursuant to this Paragraph paragraph shall be considered Future Response Costs that Respondent Respondents shall pay pursuant to Section XVII XVI (Payment Reimbursement 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.