Escape and Termination Clauses

The toller may be required to furnish certificates of insurance or copies of policies showing specific coverages and provide the client with at least thirty days notice of cancellation or modifications. As appropriate, the client should be named as an additional insured party on insurance certificates. 

The responsibility for obtaining permits, required filings, and rights to review permits should be noted in the contract. Both parties are expected to be in compliance with all laws and permits applicable to the tolling operation. 

Contracts usually contain clauses to govern the termination of projects upon completion at a specified renewal period or early termination for various reasons. Termination normally requires written notice with a specified time frame for conclusion and removal of 

The contract can specify the amount of time the client needs to remove its materials from the toller s facility and lays out notification procedures for dissolving the contract. Chapter 6, Closure and Audit, Example 6-1 is a sample contract termination checklist. It is an illustration of one company s inventoiy list for closing out a tolling project. It addresses material, financial, legal and environmental considerations. 

Contracts or associated documents normally specify that the toller will report accidents, incidents, releases and agency inspections to the client as soon as practicable or within a specified time frame. This is particularly important if these involve injuries, offsite consequences, or damage to property resulting from work performed for the client. The toller should also be requested to provide their client with copies of any reports sent to regulatoiy agencies for these occurrences. 

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