Common use of Design-Builder Liability Clause in Contracts

Design-Builder Liability. Notwithstanding anything to the contrary in the Contract Documents, Design-Builder shall be responsible, at its sole cost and expense, for the handling, treatment, storage, removal, remediation, avoidance, or other appropriate action (if any), with respect to any Hazardous Materials present at, on, in or under, or migrating and/or emanating to or from the Site, that: (a) were brought or caused to be brought on the Site by any act or omission of Design-Builder or any Subcontractor pursuant to the performance of the Work; (b) were handled, treated or stored at the Site by Design-Builder or any Subcontractor in violation of any applicable Governmental Rule; or (c) were the result of any negligent, willful, or unlawful act or omission of Design-Builder or any Subcontractor. Owner shall have the sole discretion to approve the action, if any, to be taken by Design-Builder with respect to the handling, treatment, storage, removal, remediation, avoidance, or other appropriate action (if any), with respect to any such Hazardous Materials.