Common use of Determination of Reimbursable Amount Clause in Contracts

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. 10.8.2.1.1 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 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. 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. 10.8.2.1.1 Maintenance DB 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 an extension of a time extension Completion Deadline 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 DB 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 10.8.213.7.4, 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 characterizing, including Phase 1 Investigations and Phase 2 Investigations, are included in the Maintenance Price and Maintenance DB Contractor shall not be entitled to additional compensation therefor. Maintenance Except as otherwise provided and subject to the limitations in this Section 13.7, TxDOT shall compensate DB Contractor for DB Contractor’s reasonable, out-of-pocket costs and expenses directly attributable to the handling, transport, removal and disposal of Unknown Hazardous Materials encountered by DB Contractor. Except as otherwise provided and subject to the limitations in this Section 13, DB Contractor shall take all reasonable steps be entitled to minimize acts or omissions that cause Maintenance a Change Order in accordance with Section 13.7.3 to compensate DB Contractor for DB Contractor’s reasonable, out-of-pocket costs and expenses directly attributable to incur any such incremental coststhe handling, transport, removal and disposal of Hazardous Materials falling within the definition of Force Majeure Event. Compensation Such events 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 handled in accordance with such information, analyses and certificates as may be requested by TxDOT in order to enable a determination regarding eligibility for paymentSection 13.7.3.

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 10.8.210.8.4, 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. 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 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. 10.8.2.1.1 Maintenance DB 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 an extension of a time extension Completion Deadline 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 DB 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 10.8.213.8.4, 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 characterizing, including Phase 1 Investigations and Phase 2 Investigations, are included in the Maintenance Price and Maintenance DB Contractor shall not be entitled to additional compensation therefor. Maintenance Except as otherwise provided and subject to the limitations in this Section 13.7, TxDOT shall compensate DB Contractor for DB Contractor’s reasonable, out-of-pocket costs and expenses directly attributable to the handling, transport, removal and disposal of Unknown Hazardous Materials encountered by DB Contractor. Except as otherwise provided and subject to the limitations in this Section 13, DB Contractor shall take all reasonable steps be entitled to minimize acts or omissions that cause Maintenance a Change Order in accordance with Section 13.7.3 to compensate DB Contractor for DB Contractor’s reasonable, out-of-pocket costs and expenses directly attributable to incur any such incremental coststhe handling, transport, removal and disposal of Hazardous Materials falling within the definition of Force Majeure Event. Compensation Such events 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 handled in accordance with such information, analyses and certificates as may be requested by TxDOT in order to enable a determination regarding eligibility for paymentSection 13.7.3.