Common use of Capabilities Clause in Contracts

Capabilities. Pursuant to the Authorizing Legislation, any rules necessary or appropriate for implementation, or any existing authority, any entity designated as DRE shall, in the judgment of the Secretary, have the legal, technical, and financial capacities to: A. Accept and expend non-federal funds as provided in Section 4.2.4; B. Seek and obtain necessary permits and other authorizations to implement Facilities Removal; C. Enter into appropriate contracts; D. Accept transfer of title to the Facilities for the express purpose of Facilities Removal; E. Perform, directly or by oversight, Facilities Removal; F. Prevent, mitigate, and respond to damages the DRE causes during the course of Facilities Removal, and, consistent with Applicable Law, respond to and defend associated liability claims against the DRE, including costs thereof and any judgments or awards resulting therefrom; G. Carry appropriate insurance or bonding or be appropriately self- insured to respond to liability and damages claims against the DRE associated with Facilities Removal; and H. Perform such other tasks as are reasonable and necessary for Facilities Removal, within the authority granted by the Authorizing Legislation or other Applicable Law.

Capabilities. Pursuant to the Authorizing Legislation, any rules necessary or appropriate for implementation, or any existing authority, any entity designated as DRE shall, in the judgment of the Secretary, have the legal, technical, and financial capacities to: A. Accept and expend non-federal funds as provided in Section 4.2.4; B. Seek X. Xxxx and obtain necessary permits and other authorizations to implement Facilities Removal; C. Enter into appropriate contracts; D. Accept transfer of title to the Facilities for the express purpose of Facilities Removal; E. Perform, directly or by oversight, Facilities Removal; F. PreventX. Xxxxxxx, mitigate, and respond to damages the DRE causes during the course of Facilities Removal, and, consistent with Applicable Law, respond to and defend associated liability claims against the DRE, including costs thereof and any judgments or awards resulting therefrom; G. Carry appropriate insurance or bonding or be appropriately self- insured to respond to liability and damages claims against the DRE associated with Facilities Removal; and H. Perform such other tasks as are reasonable and necessary for Facilities Removal, within the authority granted by the Authorizing Legislation or other Applicable Law.