Common use of Work Takeover Clause in Contracts

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. b. Good Samaritan may invoke dispute resolution set forth in Section XV to dispute EPA’s determination that takeover of the Work is necessary. However, notwithstanding Good Samaritan’s invocation of such dispute resolution procedures, and during the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover until the earlier of the date (i) the Parties agree to a resolution of the dispute, or (ii) EPA management renders a written decision. c. After commencement and for the duration of any Work Takeover, EPA shall have immediate access to and benefit of any performance guarantee(s) provided pursuant to Section XXII (Financial Responsibility) of this Settlement Agreement. In the event of such Work Takeover, Good Samaritan’s liability for the Work Takeover shall not exceed $[estimated cost of Work] consistent with Section XXII.