Determination of Reimbursable Amount. 10.8.2.1.1 Maintenance Contractor shall be deemed to have waived the right to collect any and all costs incurred in connection with any Hazardous Materials Management and any right to obtain a time extension if TxDOT is not provided written notice of the discovery of Hazardous Materials and afforded the opportunity to inspect sites containing Hazardous Materials before any action is taken which would inhibit TxDOT's ability to ascertain, based on a site inspection, the nature and extent of the materials. In the event of an emergency involving Hazardous Materials, Maintenance Contractor may take such limited actions as are required by Law without advance notice to TxDOT, but shall provide such notice immediately thereafter (which in no event shall be more than 2 hours after the incident by phone and 24 hours after the incident by written notice).
10.8.2.1.2 In cases involving reimbursement for Hazardous Materials Management under this Section 10.8.2, allowable costs shall be limited to the incremental costs actually incurred in performing Hazardous Materials Management after completion of the testing process to determine whether Hazardous Materials are present (deducting any avoided costs such as the cost of disposal that would have been incurred had Hazardous Materials not been present). Investigating and characterizing are included in the Maintenance Price and Maintenance Contractor shall not be entitled to additional compensation therefor. Maintenance Contractor shall take all reasonable steps to minimize acts or omissions that cause Maintenance Contractor to incur any such incremental costs. Compensation shall be allowed only to the extent that Maintenance Contractor demonstrates to TxDOT's satisfaction that: (a) the Hazardous Materials Management could not have been avoided by reasonable design modifications, maintenance procedures or construction techniques and (b) Maintenance Contractor’s plan for the Hazardous Materials Management represents the approach which is most beneficial to the Project and the public. Maintenance Contractor shall provide TxDOT with such information, analyses and certificates as may be requested by TxDOT in order to enable a determination regarding eligibility for payment.
Determination of Reimbursable Amount. The term “
