Common use of Handling, Collection, Removal Transportation and Disposal Clause in Contracts

Handling, Collection, Removal Transportation and Disposal. 16.5.1 Contractor shall be responsible, at its sole cost, for the proper handling, collection, removal, transportation and disposal of any Contractor Hazardous Materials. All activities in connection with the foregoing shall be performed in accordance with the requirements of all Governmental Authorities and Laws. Anything herein to the contrary notwithstanding, title to, ownership of and legal responsibility and liability for any and all Contractor Hazardous Materials shall at all time remain with Contractor. Contractor shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such Contractor Hazardous Materials. Owner shall not have or exert any control over Contractor in Contractor 's obligations or responsibilities, if any, as a generator in the storage, transportation, treatment or disposal of any Contractor Hazardous Materials. Contractor shall indemnify, release and save Owner harmless from all damages, liability, expenses or penalties paid by Contractor resulting from Contractor Hazardous Materials. Contractor has included time in the Schedule for satisfying its obligations as to all Contractor Hazardous Materials. Notwithstanding anything set forth in Section 8.1 to the contrary, Contractor shall not seek, and shall not be entitled to receive, any extension of time in the Schedule in order to satisfy Contractor's obligations as to such Contractor Hazardous Materials. 16.5.2 Owner shall be responsible, at its sole cost and risk, for the proper handling, storage, collection, treatment, removal, transportation and delivery for disposal of all Owner Hazardous Materials and Owner shall be solely responsible for obtaining a disposal site for such Owner Hazardous Materials. All activities in connection with the foregoing shall be performed in accordance with the requirements of all Governmental Authorities and Laws. Contractor shall provide all reasonable assistance as Owner may request in connection with Owner satisfying Owner's obligations relating to Owner Hazardous Materials. Owner shall advise Contractor of the existence of Owner Hazardous Materials at the Site of which Owner has knowledge, or shall supply soil data, to the extent available, which evidences that the Site is clean and free of Owner Hazardous Materials. Anything herein to the contrary notwithstanding, title to, ownership of and legal responsibility and liability for any and all Owner Hazardous Materials shall at all time remain with Owner. Owner shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such Owner Hazardous Materials. Contractor shall not have or exert any control over Owner in Owner's obligations or responsibilities, if any, as a generator in the storage, transportation, treatment or disposal of any Owner Hazardous Materials. Owner shall complete and execute any required governmental forms relating to regulated activities, including, but not limited to, generation, storage, handling, treatment, transportation, or disposal of Owner Hazardous Materials. In the event Contractor executes or completes any required governmental forms relating to regulated activities, including, but not limited to, storage, generation, treatment, transportation, handling or disposal of Owner Hazardous Materials, Contractor shall be and be deemed to have acted as Owner's agent. Owner shall indemnify, release and save Contractor harmless from all damages, liability, expenses or penalties paid by Contractor resulting from Owner Hazardous Materials.

Handling, Collection, Removal Transportation and Disposal. 16.5.1 (a) Unless otherwise agreed by the Parties, Contractor shall be responsible, at its sole cost, responsible for the proper handling, treatment, collection, removalcontainerizing and removal of Hazardous Materials brought onto the Site or created by Contractor or Subcontractors or spilled or introduced into or at the Site by Contractor or any Subcontractor, including any such Hazardous Materials furnished, used, applied or stored at the Site by Contractor or any Subcontractor, including used oils, greases, and solvents from flushing and cleaning processes performed under the Agreement. Prior to Unit Mechanical Completion of a Unit, Contractor shall be responsible for the proper handling, storage, transportation, and disposal of any Hazardous Materials brought onto the Site or created by Contractor or Subcontractors. Contractor shall be liable for any fines or penalties imposed for its or its Subcontractors' failure to comply with applicable Laws with respect to Hazardous Materials for which it is responsible pursuant to this Section 20.3(a). “[**]” in this Exhibit 10.02 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. (b) At all times during the performance of the Work, Owner shall be responsible for the prompt and proper handling, storage, transportation and disposal of any Hazardous Materials existing at, on or under the Site that were not brought onto the Site or created by Contractor or Subcontractors. After Unit Mechanical Completion of a Unit, Owner shall be responsible for the prompt and proper handling, storage, transportation and disposal of Hazardous Materials used or generated with respect to such Unit or remaining at the Site (after proper handling, collection and containerizing by Contractor). As between the Parties, Owner shall be considered the generator for Hazardous Materials existing at, on or under the Site that were not brought onto the Site or created by Contractor or Subcontractors, and shall retain all responsibility and liability with respect to such Hazardous Materials. All activities Subject to limitations on Xxxxxx Cooper's obligations as a matter of South Carolina law and subject to Contractor's obligations under Section 20.3(a), Owner shall indemnify Contractor against any penalties levied by any Government Authority for allowing any collected and containerized waste remaining in storage for more than the period allowed by applicable Laws without permit. (c) Activities performed by each Party in connection with the foregoing handling, storage, collection, containerizing, transportation and disposal of Hazardous Materials shall be performed in accordance with the requirements of all Governmental Government Authorities and all applicable Laws. Anything herein to the contrary notwithstanding, title to, ownership of and legal responsibility and liability for any and all Contractor Hazardous Materials shall at all time remain with Contractor. Contractor shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such Contractor Hazardous Materials. Owner shall not have or exert any control over Contractor in Contractor 's obligations or responsibilities, if any, as a generator in the storage, transportation, treatment or disposal of any Contractor Hazardous Materials. Contractor shall indemnify, release and save Owner harmless from all damages, liability, expenses or penalties paid by Contractor resulting from Contractor Hazardous Materials. Contractor has included time in the Schedule for satisfying its obligations as to all Contractor Hazardous Materials. Notwithstanding anything set forth in Section 8.1 to the contrary, Contractor shall not seek, and shall not be entitled to receive, any extension of time in the Schedule in order to satisfy Contractor's obligations as to such Contractor Hazardous Materials. 16.5.2 Owner shall be responsible, at its sole cost and risk, for the proper handling, storage, collection, treatment, removal, transportation and delivery for disposal of all Owner Hazardous Materials and Owner shall be solely responsible for obtaining a disposal site for such Owner Hazardous Materials. All activities in connection with the foregoing shall be performed in accordance with the requirements of all Governmental Authorities and Laws. Contractor shall provide all reasonable assistance as Owner may request in connection with Owner satisfying Owner's obligations relating to Owner Hazardous Materials. Owner shall advise Contractor of the existence of Owner Hazardous Materials at the Site of which Owner has knowledge, or shall supply soil data, to the extent available, which evidences that the Site is clean and free of Owner Hazardous Materials. Anything herein to the contrary notwithstanding, title to, ownership of and legal responsibility and liability for any and all Owner Hazardous Materials shall at all time remain with Owner. Owner shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such Owner Hazardous Materials. Contractor shall not have or exert any control over Owner in Owner's obligations or responsibilities, if any, as a generator in the storage, transportation, treatment or disposal of any Owner Hazardous Materials. Owner shall complete and execute any required governmental forms relating to regulated activities, including, but not limited to, generation, storage, handling, treatment, transportation, or disposal of Owner Hazardous Materials. In the event Contractor executes or completes any required governmental forms relating to regulated activities, including, but not limited to, storage, generation, treatment, transportation, handling or disposal of Owner Hazardous Materials, Contractor shall be and be deemed to have acted as Owner's agent. Owner shall indemnify, release and save Contractor harmless from all damages, liability, expenses or penalties paid by Contractor resulting from Owner Hazardous Materials.

Handling, Collection, Removal Transportation and Disposal. 16.5.1 (a) Unless otherwise agreed by the Parties, Contractor shall be responsible, at its sole cost, responsible for the proper handling, treatment, collection, removalcontainerizing and removal of Hazardous Materials brought onto the Site or created by Contractor or Subcontractors or spilled or introduced into or at the Site by Contractor or any Subcontractor, including any such Hazardous Materials furnished, used, applied or stored at the Site by Contractor or any Subcontractor, including used oils, greases, and solvents from flushing and cleaning processes performed under the Agreement. Prior to Unit Mechanical Completion of a Unit, Contractor shall be responsible for the proper handling, storage, transportation, and disposal of any Hazardous Materials brought onto the Site or created by Contractor or Subcontractors. Contractor shall be liable for any fines or penalties imposed for its or its Subcontractors' failure to comply with applicable Laws with respect to Hazardous Materials for which it is responsible pursuant to this Section 20.3(a). (b) At all times during the performance of the Work, Owner shall be responsible for the prompt and proper handling, storage, transportation and disposal of any Hazardous Materials existing at, on or under the Site that were not brought onto the Site or created by Contractor or Subcontractors. After Unit Mechanical Completion of a Unit, Owner shall be responsible for the prompt and proper handling, storage, transportation and disposal of Hazardous Materials used or generated with respect to such Unit or remaining at the Site (after proper handling, collection and containerizing by Contractor). As between the Parties, Owner shall be considered the generator for Hazardous Materials existing at, on or under the Site that were not brought onto the Site or created by Contractor or Subcontractors, and shall retain all responsibility and liability with respect to such Hazardous Materials. All activities Subject to limitations on Xxxxxx Cooper's obligations as a matter of South Carolina law and subject to Contractor's obligations under Section 20.3(a), Owner shall indemnify Contractor against any penalties levied by any Government Authority for allowing any collected and containerized waste remaining in storage for more than the period allowed by applicable Laws without permit. (c) Activities performed by each Party in connection with the foregoing handling, storage, collection, containerizing, transportation and disposal of Hazardous Materials shall be performed in accordance with the requirements of all Governmental Government Authorities and all applicable Laws. Anything herein to the contrary notwithstanding, title to, ownership of and legal responsibility and liability for any and all Contractor Hazardous Materials shall at all time remain with Contractor. Contractor shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such Contractor Hazardous Materials. Owner shall not have or exert any control over Contractor in Contractor 's obligations or responsibilities, if any, as a generator in the storage, transportation, treatment or disposal of any Contractor Hazardous Materials. Contractor shall indemnify, release and save Owner harmless from all damages, liability, expenses or penalties paid by Contractor resulting from Contractor Hazardous Materials. Contractor has included time in the Schedule for satisfying its obligations as to all Contractor Hazardous Materials. Notwithstanding anything set forth in Section 8.1 to the contrary, Contractor shall not seek, and shall not be entitled to receive, any extension of time in the Schedule in order to satisfy Contractor's obligations as to such Contractor Hazardous Materials. 16.5.2 Owner shall be responsible, at its sole cost and risk, for the proper handling, storage, collection, treatment, removal, transportation and delivery for disposal of all Owner Hazardous Materials and Owner shall be solely responsible for obtaining a disposal site for such Owner Hazardous Materials. All activities in connection with the foregoing shall be performed in accordance with the requirements of all Governmental Authorities and Laws. Contractor shall provide all reasonable assistance as Owner may request in connection with Owner satisfying Owner's obligations relating to Owner Hazardous Materials. Owner shall advise Contractor of the existence of Owner Hazardous Materials at the Site of which Owner has knowledge, or shall supply soil data, to the extent available, which evidences that the Site is clean and free of Owner Hazardous Materials. Anything herein to the contrary notwithstanding, title to, ownership of and legal responsibility and liability for any and all Owner Hazardous Materials shall at all time remain with Owner. Owner shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such Owner Hazardous Materials. Contractor shall not have or exert any control over Owner in Owner's obligations or responsibilities, if any, as a generator in the storage, transportation, treatment or disposal of any Owner Hazardous Materials. Owner shall complete and execute any required governmental forms relating to regulated activities, including, but not limited to, generation, storage, handling, treatment, transportation, or disposal of Owner Hazardous Materials. In the event Contractor executes or completes any required governmental forms relating to regulated activities, including, but not limited to, storage, generation, treatment, transportation, handling or disposal of Owner Hazardous Materials, Contractor shall be and be deemed to have acted as Owner's agent. Owner shall indemnify, release and save Contractor harmless from all damages, liability, expenses or penalties paid by Contractor resulting from Owner Hazardous Materials.

Handling, Collection, Removal Transportation and Disposal. 16.5.1 Unless otherwise agreed by the Parties, Contractor shall be responsible, at its sole cost, responsible for the proper handling, collection, removalclean-up and containerizing of Hazardous Materials brought onto the Site or Nearby Work Areas or created by Contractor or Subcontractors, supplied to Contractor by Owner, or spilled or introduced into or at the Site or Nearby Work Areas by Contractor or any Subcontractor, including any such Hazardous Materials furnished, used, applied or stored at the Site or Nearby Work Areas by Contractor, including used oils, greases, and solvents from flushing and cleaning processes performed under the Agreement. Contractor shall be responsible for the proper storage, transportation and disposal of any Hazardous Materials provided by Contractor, and Contractor shall keep Owner routinely informed of the quantities of Contractor hazardous wastes generated and disposed of by Contractor. After Mechanical Completion, any Hazardous MaterialsMaterials (after proper handling, collection and containerizing by Contractor or any of its Subcontractors) will be delivered to Owner for proper storage, transportation and disposal. All activities Owner is responsible for the proper storage and transportation and prompt and proper disposal of all Hazardous Materials generated or remaining at the Site and Nearby Work Areas after Mechanical Completion. Activities performed by Contractor in connection with the foregoing handling, collection and containerizing of the Hazardous Materials shall be performed in accordance with the requirements of all Governmental Government Authorities and all applicable Laws. Anything herein to the contrary notwithstanding, title toother Owner Permits, ownership of Project Policies and legal responsibility and liability for any and all Contractor Hazardous Materials shall at all time remain with Contractor. Contractor shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such Contractor Hazardous Materials. Owner shall not have or exert any control over Contractor in Contractor 's obligations or responsibilities, if any, as a generator in the storage, transportation, treatment or disposal of any Contractor Hazardous Materials. Contractor shall indemnify, release and save Owner harmless from all damages, liability, expenses or penalties paid by Contractor resulting from Contractor Hazardous Materials. Contractor has included time in the Schedule for satisfying its obligations as to all Contractor Hazardous Materials. Notwithstanding anything set forth in Section 8.1 to the contrary, Contractor shall not seekProcedures, and shall not be entitled to receive, any extension of time in the Schedule in order to satisfy Contractor's obligations as to such Contractor Hazardous MaterialsOwner’s applicable operating plant policies and procedures. 16.5.2 Owner shall be responsible, at its sole cost and risk, for the proper handling, storage, collection, treatment, removal, transportation and delivery for disposal of all Owner Hazardous Materials and Owner shall be solely responsible for obtaining a disposal site for such Owner Hazardous Materials. All activities in connection with the foregoing shall be performed in accordance with the requirements of all Governmental Authorities and Laws. Contractor shall provide all reasonable assistance as Owner may request in connection with Owner satisfying Owner's obligations relating to Owner Hazardous Materials. Owner shall advise Contractor of the existence of Owner Hazardous Materials at the Site of which Owner has knowledge, or shall supply soil data, to the extent available, which evidences that the Site is clean and free of Owner Hazardous Materials. Anything herein to the contrary notwithstanding, title to, ownership of and legal responsibility and liability for any and all Owner Hazardous Materials shall at all time remain with Owner. Owner shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such Owner Hazardous Materials. Contractor shall not have or exert any control over Owner in Owner's obligations or responsibilities, if any, as a generator in the storage, transportation, treatment or disposal of any Owner Hazardous Materials. Owner shall complete and execute any required governmental forms relating to regulated activities, including, but not limited to, generation, storage, handling, treatment, transportation, or disposal of Owner Hazardous Materials. In the event Contractor executes or completes any required governmental forms relating to regulated activities, including, but not limited to, storage, generation, treatment, transportation, handling or disposal of Owner Hazardous Materials, Contractor shall be and be deemed to have acted as Owner's agent. Owner shall indemnify, release and save Contractor harmless from all damages, liability, expenses or penalties paid by Contractor resulting from Owner Hazardous Materials.

Handling, Collection, Removal Transportation and Disposal. 16.5.1 (i) When the use or storage of explosives or other Hazardous Materials or equipment is necessary for the performance of the Work, Contractor shall exercise the utmost care and shall conduct its activities under the supervision of properly qualified Contractor Workers in accordance with all applicable Laws and Owner Policies. (ii) Unless otherwise agreed by the Parties in writing, Contractor shall be responsible, at its sole cost, responsible for the proper handling, collectioncollection and containerizing of all Hazardous Materials introduced, removalgenerated or brought onto, transportation or in the vicinity of, the Site by Contractor, including any Hazardous Materials furnished, used, applied or stored at, or in the vicinity of, the Site by Contractor, including used oils, greases, and solvents from flushing and cleaning processes performed under 302093599 v11 this Agreement, provided that removal and disposal of any such Hazardous Materials that have not been permanently incorporated into the Facility as required by the Scope of Work shall be conducted by Owner and Owner shall be entitled to backcharge Contractor Hazardous Materialsfor the costs thereof. All activities performed by Contractor in connection with the foregoing performing its obligations under this Article shall be performed in accordance with the requirements of all Governmental Government Authorities and all applicable Laws. Anything herein For the avoidance of doubt, Contractor has no obligations with respect to the contrary notwithstandinghandling, title collection, removal, disposal or containerizing of, and shall not disturb, any pre-existing Hazardous Materials, except to the extent Contractor knowingly or negligently caused the release of such pre-existing Hazardous Materials, in which case Contractor shall be responsible for such released contamination, including remediation thereof. (iii) Before, and as a condition to, ownership Mechanical Completion, Contractor shall have performed its obligations set forth in Section 6.11(f)(ii) in respect to any then existing Hazardous Materials that have not been permanently incorporated into the Facility as required by the Scope of and legal responsibility and liability for any and all Contractor Work. All such Hazardous Materials shall at be handled, collected and containerized in accordance with all time remain with Contractor. applicable Laws, and, upon request by Owner, Contractor shall look so certify in writing to Owner. (iv) Contractor shall be responsible for the disposal facility and/or transporter for collection and containerization of Hazardous Wastes that it or any responsibility Subcontractor produces or liability arising from improper disposal causes to be produced at or transportation in the vicinity of any Site. Contractor’s collection and containerization of such Contractor Hazardous MaterialsWastes shall be performed under the direction of Owner. Owner shall not have or exert any control over Contractor in Contractor 's obligations or responsibilitiesbe responsible for the removal, if any, as a generator in the storage, transportation, treatment or transportation and disposal of any all Hazardous Wastes and shall be entitled to backcharge Contractor Hazardous Materials. for the costs thereof. (v) Contractor shall indemnify, release defend and save hold harmless the Owner harmless Persons and any other Person with an ownership interest in the Site from all damagesand against, liabilityand will, expenses on demand, compensate and reimburse the Owner Persons and any other Person with an ownership interest in any Site for, any Liabilities relating to the contamination of the environment or penalties paid injury to natural resources to the extent caused by any Contractor resulting from Contractor Hazardous Materials. Person. (vi) Contractor has included time in the Baseline Schedule for satisfying its obligations under this Agreement as to all Contractor Hazardous MaterialsMaterials and Hazardous Wastes that are discovered, or are or should have been reasonably anticipated through the exercise of Prudent Industry Practice, before the Effective Date. Notwithstanding anything set forth in Section 8.1 to the contrary, Contractor shall not seek, and shall not be entitled to receive, any extension payment hereunder or any relief under the Baseline Schedule as a result of time in satisfying its obligations with respect to any such Hazardous Materials or Hazardous Wastes, including the Schedule in order to satisfy Contractor's obligations as to such Contractor Hazardous Materials. 16.5.2 Owner shall be responsible, at its sole cost and risk, for the proper handling, storage, collection, treatment, removal, transportation and delivery for disposal collection or containerizing of all Owner such Hazardous Materials and Owner shall be solely responsible for obtaining a disposal site for such Owner or Hazardous Materials. All activities in connection with the foregoing shall be performed in accordance with the requirements of all Governmental Authorities and Laws. Contractor shall provide all reasonable assistance as Owner may request in connection with Owner satisfying Owner's obligations relating to Owner Hazardous Materials. Owner shall advise Contractor of the existence of Owner Hazardous Materials at the Site of which Owner has knowledge, or shall supply soil data, to the extent available, which evidences that the Site is clean and free of Owner Hazardous Materials. Anything herein to the contrary notwithstanding, title to, ownership of and legal responsibility and liability for any and all Owner Hazardous Materials shall at all time remain with Owner. Owner shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such Owner Hazardous Materials. Contractor shall not have or exert any control over Owner in Owner's obligations or responsibilities, if any, as a generator in the storage, transportation, treatment or disposal of any Owner Hazardous Materials. Owner shall complete and execute any required governmental forms relating to regulated activities, including, but not limited to, generation, storage, handling, treatment, transportation, or disposal of Owner Hazardous Materials. In the event Contractor executes or completes any required governmental forms relating to regulated activities, including, but not limited to, storage, generation, treatment, transportation, handling or disposal of Owner Hazardous Materials, Contractor shall be and be deemed to have acted as Owner's agent. Owner shall indemnify, release and save Contractor harmless from all damages, liability, expenses or penalties paid by Contractor resulting from Owner Hazardous MaterialsWastes.

Handling, Collection, Removal Transportation and Disposal. 16.5.1 (a) Unless otherwise agreed by the Parties, Contractor shall be responsible, at its sole cost, responsible for the proper handling, treatment, collection, removalcontainerizing and removal of Hazardous Materials brought onto the Site or created by Contractor or Subcontractors or spilled or introduced into or at the Site by Contractor or any Subcontractor, including any such Hazardous Materials furnished, used, applied or stored at the Site by Contractor or any Subcontractor, including used oils, greases, and solvents from flushing and cleaning processes performed under the Agreement. Prior to Unit Mechanical Completion of a Unit, Contractor shall be responsible for the proper handling, storage, transportation, and disposal of any Hazardous Materials brought onto the Site or created by Contractor or Subcontractors. Contractor shall be liable for any fines or penalties imposed for its or its Subcontractors' failure to comply with applicable Laws with respect to Hazardous Materials for which it is responsible pursuant to this Section 20.3(a). “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures (b) At all times during the performance of the Work, Owner shall be responsible for the prompt and proper handling, storage, transportation and disposal of any Hazardous Materials existing at, on or under the Site that were not brought onto the Site or created by Contractor or Subcontractors. After Unit Mechanical Completion of a Unit, Owner shall be responsible for the prompt and proper handling, storage, transportation and disposal of Hazardous Materials used or generated with respect to such Unit or remaining at the Site (after proper handling, collection and containerizing by Contractor). As between the Parties, Owner shall be considered the generator for Hazardous Materials existing at, on or under the Site that were not brought onto the Site or created by Contractor or Subcontractors, and shall retain all responsibility and liability with respect to such Hazardous Materials. All activities Subject to limitations on Sxxxxx Cooper's obligations as a matter of South Carolina law and subject to Contractor's obligations under Section 20.3(a), Owner shall indemnify Contractor against any penalties levied by any Government Authority for allowing any collected and containerized waste remaining in storage for more than the period allowed by applicable Laws without permit. (c) Activities performed by each Party in connection with the foregoing handling, storage, collection, containerizing, transportation and disposal of Hazardous Materials shall be performed in accordance with the requirements of all Governmental Government Authorities and all applicable Laws. Anything herein to the contrary notwithstanding, title to, ownership of and legal responsibility and liability for any and all Contractor Hazardous Materials shall at all time remain with Contractor. Contractor shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such Contractor Hazardous Materials. Owner shall not have or exert any control over Contractor in Contractor 's obligations or responsibilities, if any, as a generator in the storage, transportation, treatment or disposal of any Contractor Hazardous Materials. Contractor shall indemnify, release and save Owner harmless from all damages, liability, expenses or penalties paid by Contractor resulting from Contractor Hazardous Materials. Contractor has included time in the Schedule for satisfying its obligations as to all Contractor Hazardous Materials. Notwithstanding anything set forth in Section 8.1 to the contrary, Contractor shall not seek, and shall not be entitled to receive, any extension of time in the Schedule in order to satisfy Contractor's obligations as to such Contractor Hazardous Materials. 16.5.2 Owner shall be responsible, at its sole cost and risk, for the proper handling, storage, collection, treatment, removal, transportation and delivery for disposal of all Owner Hazardous Materials and Owner shall be solely responsible for obtaining a disposal site for such Owner Hazardous Materials. All activities in connection with the foregoing shall be performed in accordance with the requirements of all Governmental Authorities and Laws. Contractor shall provide all reasonable assistance as Owner may request in connection with Owner satisfying Owner's obligations relating to Owner Hazardous Materials. Owner shall advise Contractor of the existence of Owner Hazardous Materials at the Site of which Owner has knowledge, or shall supply soil data, to the extent available, which evidences that the Site is clean and free of Owner Hazardous Materials. Anything herein to the contrary notwithstanding, title to, ownership of and legal responsibility and liability for any and all Owner Hazardous Materials shall at all time remain with Owner. Owner shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such Owner Hazardous Materials. Contractor shall not have or exert any control over Owner in Owner's obligations or responsibilities, if any, as a generator in the storage, transportation, treatment or disposal of any Owner Hazardous Materials. Owner shall complete and execute any required governmental forms relating to regulated activities, including, but not limited to, generation, storage, handling, treatment, transportation, or disposal of Owner Hazardous Materials. In the event Contractor executes or completes any required governmental forms relating to regulated activities, including, but not limited to, storage, generation, treatment, transportation, handling or disposal of Owner Hazardous Materials, Contractor shall be and be deemed to have acted as Owner's agent. Owner shall indemnify, release and save Contractor harmless from all damages, liability, expenses or penalties paid by Contractor resulting from Owner Hazardous Materials.

Handling, Collection, Removal Transportation and Disposal. 16.5.1 (a) Unless otherwise agreed by the Parties, Contractor shall be responsible, at its sole cost, responsible for the proper handling, treatment, collection, removalcontainerizing and removal of Hazardous Materials brought onto the Site or created by Contractor or Subcontractors or spilled or introduced into or at the Site by Contractor or any Subcontractor, including any such Hazardous Materials furnished, used, applied or stored at the Site by Contractor or any Subcontractor, including used oils, greases, and solvents from flushing and cleaning processes performed under the Agreement. Prior to Unit Mechanical Completion of a Unit, Contractor shall be responsible for the proper handling, storage, transportation, and disposal of any Hazardous Materials brought onto the Site or created by Contractor or Subcontractors. Contractor shall be liable for any fines or penalties imposed for its or its Subcontractors' failure to comply with applicable Laws with respect to Hazardous Materials for which it is responsible pursuant to this Section 20.3(a). Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures (b) At all times during the performance of the Work, Owner shall be responsible for the prompt and proper handling, storage, transportation and disposal of any Hazardous Materials existing at, on or under the Site that were not brought onto the Site or created by Contractor or Subcontractors. After Unit Mechanical Completion of a Unit, Owner shall be responsible for the prompt and proper handling, storage, transportation and disposal of Hazardous Materials used or generated with respect to such Unit or remaining at the Site (after proper handling, collection and containerizing by Contractor). As between the Parties, Owner shall be considered the generator for Hazardous Materials existing at, on or under the Site that were not brought onto the Site or created by Contractor or Subcontractors, and shall retain all responsibility and liability with respect to such Hazardous Materials. All activities Subject to limitations on Santee Cooper's obligations as a matter of South Carolina law and subject to Contractor's obligations under Section 20.3(a), Owner shall indemnify Contractor against any penalties levied by any Government Authority for allowing any collected and containerized waste remaining in storage for more than the period allowed by applicable Laws without permit. (c) Activities performed by each Party in connection with the foregoing handling, storage, collection, containerizing, transportation and disposal of Hazardous Materials shall be performed in accordance with the requirements of all Governmental Government Authorities and all applicable Laws. Anything herein to the contrary notwithstanding, title to, ownership of and legal responsibility and liability for any and all Contractor Hazardous Materials shall at all time remain with Contractor. Contractor shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such Contractor Hazardous Materials. Owner shall not have or exert any control over Contractor in Contractor 's obligations or responsibilities, if any, as a generator in the storage, transportation, treatment or disposal of any Contractor Hazardous Materials. Contractor shall indemnify, release and save Owner harmless from all damages, liability, expenses or penalties paid by Contractor resulting from Contractor Hazardous Materials. Contractor has included time in the Schedule for satisfying its obligations as to all Contractor Hazardous Materials. Notwithstanding anything set forth in Section 8.1 to the contrary, Contractor shall not seek, and shall not be entitled to receive, any extension of time in the Schedule in order to satisfy Contractor's obligations as to such Contractor Hazardous Materials. 16.5.2 Owner shall be responsible, at its sole cost and risk, for the proper handling, storage, collection, treatment, removal, transportation and delivery for disposal of all Owner Hazardous Materials and Owner shall be solely responsible for obtaining a disposal site for such Owner Hazardous Materials. All activities in connection with the foregoing shall be performed in accordance with the requirements of all Governmental Authorities and Laws. Contractor shall provide all reasonable assistance as Owner may request in connection with Owner satisfying Owner's obligations relating to Owner Hazardous Materials. Owner shall advise Contractor of the existence of Owner Hazardous Materials at the Site of which Owner has knowledge, or shall supply soil data, to the extent available, which evidences that the Site is clean and free of Owner Hazardous Materials. Anything herein to the contrary notwithstanding, title to, ownership of and legal responsibility and liability for any and all Owner Hazardous Materials shall at all time remain with Owner. Owner shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such Owner Hazardous Materials. Contractor shall not have or exert any control over Owner in Owner's obligations or responsibilities, if any, as a generator in the storage, transportation, treatment or disposal of any Owner Hazardous Materials. Owner shall complete and execute any required governmental forms relating to regulated activities, including, but not limited to, generation, storage, handling, treatment, transportation, or disposal of Owner Hazardous Materials. In the event Contractor executes or completes any required governmental forms relating to regulated activities, including, but not limited to, storage, generation, treatment, transportation, handling or disposal of Owner Hazardous Materials, Contractor shall be and be deemed to have acted as Owner's agent. Owner shall indemnify, release and save Contractor harmless from all damages, liability, expenses or penalties paid by Contractor resulting from Owner Hazardous Materials.

Handling, Collection, Removal Transportation and Disposal. 16.5.1 (a) Unless otherwise agreed by the Parties, Contractor shall be responsible, at its sole cost, responsible for the proper handling, treatment, collection, removalcontainerizing and removal of Hazardous Materials brought onto the Site or created by Contractor or Subcontractors or spilled or introduced into or at the Site by Contractor or any Subcontractor, including any such Hazardous Materials furnished, used, applied or stored at the Site by Contractor or any Subcontractor, including used oils, greases, and solvents from flushing and cleaning processes performed under the Agreement. Prior to Unit Mechanical Completion of a Unit, Contractor shall be responsible for the proper handling, storage, transportation, and disposal of any Hazardous Materials brought onto the Site or created by Contractor or Subcontractors. Contractor shall be liable for any fines or penalties imposed for its or its Subcontractors’ failure to comply with applicable Laws with respect to Hazardous Materials for which it is responsible pursuant to this Section 20.3(a). “[**]” in this Exhibit 10.01 indicates material that has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. Execution Version Confidential Trade Secret Information—Subject to Restricted Procedures (b) At all times during the performance of the Work, Owner shall be responsible for the prompt and proper handling, storage, transportation and disposal of any Hazardous Materials existing at, on or under the Site that were not brought onto the Site or created by Contractor or Subcontractors. After Unit Mechanical Completion of a Unit, Owner shall be responsible for the prompt and proper handling, storage, transportation and disposal of Hazardous Materials used or generated with respect to such Unit or remaining at the Site (after proper handling, collection and containerizing by Contractor). As between the Parties, Owner shall be considered the generator for Hazardous Materials existing at, on or under the Site that were not brought onto the Site or created by Contractor or Subcontractors, and shall retain all responsibility and liability with respect to such Hazardous Materials. All activities Subject to limitations on Santee Cooper’s obligations as a matter of South Carolina law and subject to Contractor’s obligations under Section 20.3(a), Owner shall indemnify Contractor against any penalties levied by any Government Authority for allowing any collected and containerized waste remaining in storage for more than the period allowed by applicable Laws without permit. (c) Activities performed by each Party in connection with the foregoing handling, storage, collection, containerizing, transportation and disposal of Hazardous Materials shall be performed in accordance with the requirements of all Governmental Government Authorities and all applicable Laws. Anything herein to the contrary notwithstanding, title to, ownership of and legal responsibility and liability for any and all Contractor Hazardous Materials shall at all time remain with Contractor. Contractor shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such Contractor Hazardous Materials. Owner shall not have or exert any control over Contractor in Contractor 's obligations or responsibilities, if any, as a generator in the storage, transportation, treatment or disposal of any Contractor Hazardous Materials. Contractor shall indemnify, release and save Owner harmless from all damages, liability, expenses or penalties paid by Contractor resulting from Contractor Hazardous Materials. Contractor has included time in the Schedule for satisfying its obligations as to all Contractor Hazardous Materials. Notwithstanding anything set forth in Section 8.1 to the contrary, Contractor shall not seek, and shall not be entitled to receive, any extension of time in the Schedule in order to satisfy Contractor's obligations as to such Contractor Hazardous Materials. 16.5.2 Owner shall be responsible, at its sole cost and risk, for the proper handling, storage, collection, treatment, removal, transportation and delivery for disposal of all Owner Hazardous Materials and Owner shall be solely responsible for obtaining a disposal site for such Owner Hazardous Materials. All activities in connection with the foregoing shall be performed in accordance with the requirements of all Governmental Authorities and Laws. Contractor shall provide all reasonable assistance as Owner may request in connection with Owner satisfying Owner's obligations relating to Owner Hazardous Materials. Owner shall advise Contractor of the existence of Owner Hazardous Materials at the Site of which Owner has knowledge, or shall supply soil data, to the extent available, which evidences that the Site is clean and free of Owner Hazardous Materials. Anything herein to the contrary notwithstanding, title to, ownership of and legal responsibility and liability for any and all Owner Hazardous Materials shall at all time remain with Owner. Owner shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such Owner Hazardous Materials. Contractor shall not have or exert any control over Owner in Owner's obligations or responsibilities, if any, as a generator in the storage, transportation, treatment or disposal of any Owner Hazardous Materials. Owner shall complete and execute any required governmental forms relating to regulated activities, including, but not limited to, generation, storage, handling, treatment, transportation, or disposal of Owner Hazardous Materials. In the event Contractor executes or completes any required governmental forms relating to regulated activities, including, but not limited to, storage, generation, treatment, transportation, handling or disposal of Owner Hazardous Materials, Contractor shall be and be deemed to have acted as Owner's agent. Owner shall indemnify, release and save Contractor harmless from all damages, liability, expenses or penalties paid by Contractor resulting from Owner Hazardous Materials.

Handling, Collection, Removal Transportation and Disposal. 16.5.1 (i) When the use or storage of explosives or other Hazardous Materials or equipment is necessary for the performance of the Work, Contractor shall exercise the utmost care and shall conduct its activities under the supervision of properly qualified Contractor Workers in accordance with all applicable Laws and Owner Policies. (ii) Unless otherwise agreed by the Parties in writing, Contractor shall be responsible, at its sole cost, responsible for the proper handling, collection, containerizing, and removal, transportation but not disposal (which shall be performed by Owner, the costs of which Owner may backcharge to Contractor), of all Hazardous Materials generated or brought onto, or in the vicinity of, the Site by Contractor or introduced into or at, or in the vicinity of, the Site by Contractor, including any Hazardous Materials furnished, used, applied or stored at, or in the vicinity of, the Site by Contractor, including, used oils, greases, and disposal of any Contractor Hazardous Materialssolvents from flushing and cleaning processes performed under this Agreement. All activities performed by Contractor in connection with the foregoing performing its obligations under this Article shall be performed in accordance with the requirements of all Governmental Government Authorities and all applicable Laws. Anything herein For the avoidance of doubt, Contractor has no obligations with respect to the contrary notwithstandinghandling, title collection, removal, disposal or containerizing of any pre-existing Hazardous Materials, except to the extent Contractor caused the release of such pre-existing Hazardous Materials, in which case Contractor shall remediate the released contamination. (iii) Before, and as a condition to, ownership of Mechanical Completion, Contractor shall remove from the Site and legal responsibility its vicinity in accordance with all applicable Laws all explosives and liability for any and all Contractor other Hazardous Materials that Contractor brought onto the Site or its vicinity or hazardous chemicals and equipment that Contractor used, stored or located at, or in the vicinity of, the Site, unless the same have been permanently incorporated into the Facility. All such equipment and materials shall at be collected, containerized and stored in accordance with all time remain with Contractor. applicable Laws, and, upon request by Owner, Contractor shall look so certify in writing to Owner. (iv) Contractor shall be responsible for the disposal facility and/or transporter for collection and containerization of Hazardous Wastes that it or any responsibility Subcontractor produces or liability arising from improper disposal causes to be produced at or transportation in the vicinity of the Site. Contractor’s collection and containerization of such Contractor Hazardous MaterialsWastes shall be performed under the direction of Owner. Owner shall not have or exert any control over Contractor in Contractor 's obligations or responsibilitiesbe responsible for the removal, if any, as a generator in the storage, transportation, treatment or transportation and disposal of any all Hazardous Wastes and shall be entitled to backcharge Contractor Hazardous Materials. for the costs thereof. (v) Contractor shall indemnify, release defend and save hold harmless the Owner harmless from all damagesPersons against, liabilityand will, expenses on demand, compensate and reimburse the Owner Persons for, any Liabilities relating to the contamination of the environment or penalties paid injury to natural resources caused by any Contractor resulting from Contractor Hazardous Materials. Person. (vi) Contractor has included time in the Project Baseline Schedule for satisfying its obligations under this Agreement as to all Contractor Hazardous MaterialsMaterials and Hazardous Wastes. Notwithstanding anything set forth in Section 8.1 to the contrary, Contractor shall not seek, and shall not be entitled to receive, any extension payment hereunder or any relief under the Project Baseline Schedule as a result of time in satisfying its obligations with respect to any such Hazardous Materials or Hazardous Wastes, including the Schedule in order to satisfy Contractor's obligations as to such Contractor Hazardous Materials. 16.5.2 Owner shall be responsible, at its sole cost and risk, for the proper handling, storage, collection, treatment, removal, transportation and delivery for disposal collection or containerizing of all Owner such Hazardous Materials and Owner shall be solely responsible for obtaining a disposal site for such Owner Hazardous Materials. All activities in connection with or the foregoing shall be performed in accordance with the requirements of all Governmental Authorities and Laws. Contractor shall provide all reasonable assistance as Owner may request in connection with Owner satisfying Owner's obligations relating to Owner Hazardous Materials. Owner shall advise Contractor of the existence of Owner Hazardous Materials at the Site of which Owner has knowledge, collection or shall supply soil data, to the extent available, which evidences that the Site is clean and free of Owner Hazardous Materials. Anything herein to the contrary notwithstanding, title to, ownership of and legal responsibility and liability for any and all Owner Hazardous Materials shall at all time remain with Owner. Owner shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation containerizing of such Owner Hazardous Materials. Contractor shall not have or exert any control over Owner in Owner's obligations or responsibilities, if any, as a generator in the storage, transportation, treatment or disposal of any Owner Hazardous Materials. Owner shall complete and execute any required governmental forms relating to regulated activities, including, but not limited to, generation, storage, handling, treatment, transportation, or disposal of Owner Hazardous Materials. In the event Contractor executes or completes any required governmental forms relating to regulated activities, including, but not limited to, storage, generation, treatment, transportation, handling or disposal of Owner Hazardous Materials, Contractor shall be and be deemed to have acted as Owner's agent. Owner shall indemnify, release and save Contractor harmless from all damages, liability, expenses or penalties paid by Contractor resulting from Owner Hazardous MaterialsWastes.