Hazardous Material Generator. 3.7.3.1 As between Maintenance Contractor and TxDOT, TxDOT shall be considered the generator of and assume generator responsibility for Pre-Existing Hazardous Materials and TxDOT Releases of Hazardous Materials; provided, however, that the foregoing shall not preclude or limit any rights or remedies that TxDOT may have against third parties, including prior owners, lessees, licensees and occupants of the Project ROW.
3.7.3.2 As between Maintenance Contractor and TxDOT, Maintenance Contractor shall be considered the generator of and assume generator responsibility only for Maintenance Contractor Releases of Hazardous Materials.
Hazardous Material Generator. 3.8.3.1 As between DB Contractor and TxDOT, TxDOT shall be considered the generator of, and assume generator responsibility for Hazardous Materials other than DB Contractor Releases of Hazardous Materials; provided, however, that the foregoing shall not preclude or limit any rights or remedies that TxDOT may have against third parties, including prior owners, lessees, licensees and occupants of the Project ROW.
3.8.3.2 As between DB Contractor and TxDOT, DB Contractor shall be considered the generator of and assume generator responsibility for DB Contractor Releases of Hazardous Materials.
3.8.3.3 TxDOT has exclusive decision-making authority regarding selection of the destination facility to which Hazardous Materials, other than DB Contractor Releases of Hazardous Materials, will be transported.
3.8.3.4 To the extent permitted by applicable Law, TxDOT shall defend, indemnify and hold harmless DB Contractor from third-party claims, causes of action and Losses arising out of or related to generator responsibility for Hazardous Material for which TxDOT is considered the generator pursuant to this Section 3.8.3.
Hazardous Material Generator. As between TSP and the Joint Board, the Joint Board shall be considered the generator of Hazardous Materials on any ROW as of the Effective Date; provided, however, that the foregoing shall not preclude or limit any rights or remedies that the Joint Board may have against third parties and/or prior owners, lessees, licensees and occupants of the ROW. As between TSP and the Joint Board, TSP shall be considered the generator of any Hazardous Materials on the ROW which result from (a) Release(s) of Hazardous Material attributable to the negligence, willful misconduct, or breach of applicable Law or contract by any TSP-Related Entity; and (b) Release(s) of Hazardous Materials arranged to be brought onto the ROW or elsewhere by any TSP-Related Entity regardless of the cause of the Release of Hazardous Materials.
Hazardous Material Generator. 3.8.3.1. As between DB Contractor and TxDOT, TxDOT shall be considered the generator of and assume generator responsibility for Hazardous Materials other than DB Contractor Releases of Hazardous Materials; provided, however, that the foregoing shall not preclude or limit any rights or remedies that TxDOT may have against third parties, including prior owners, lessees, licensees and occupants of the Project ROW.
3.8.3.2. As between DB Contractor and TxDOT, DB Contractor shall be considered the generator of and assume generator responsibility only for DB Contractor Releases of Hazardous Materials.
3.8.3.3. TxDOT has exclusive decision-making authority regarding selection of the destination facility to which Hazardous Materials other than DB Contractor Release(s) of Hazardous Materials will be transported.
Hazardous Material Generator. 3.8.3.1 As between DB Contractor and TxDOT, TxDOT shall be considered the generator of, and assume generator responsibility for Hazardous Materials other than DB Contractor Releases of Hazardous Materials;
3.8.3.2 As between DB Contractor and TxDOT, DB Contractor shall be considered the generator of and assume generator responsibility for DB Contractor Releases of Hazardous Materials.
3.8.3.3 TxDOT has exclusive decision-making authority regarding selection of the destination facility to which Hazardous Materials, other than DB Contractor Releases of Hazardous Materials, will be transported.
3.8.3.4 To the extent permitted by applicable Law, TxDOT shall defend, indemnify and hold harmless DB Contractor from third-party claims, causes of action and Losses arising out of or related to generator responsibility for Hazardous Material for which TxDOT is considered the generator pursuant to this Section 3.8.3.
Hazardous Material Generator. 3.7.3.1 As between Maintenance Contractor and TxDOT, Maintenance Contractor shall not be considered the generator of Pre-Existing Hazardous Materials; provided, however, that the foregoing shall not preclude or limit any rights or remedies that TxDOT may have against third parties, including prior owners, lessees, licensees and occupants of the Project ROW.
3.7.3.2 As between Maintenance Contractor and TxDOT, Maintenance Contractor shall be considered the generator of any Hazardous Materials on: (a) the Developer- Designated ROW; and (b) the Project ROW which result from: (i) Release(s) of Hazardous Material attributable to the actions, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval by any Maintenance Contractor-Related Entity; and (ii) Release(s) of Hazardous Materials arranged to be brought onto the Project ROW or elsewhere by any Maintenance Contractor-Related Entity regardless of the cause of the Release of Hazardous Materials.
Hazardous Material Generator. 3.8.3.1. As between DB Contractor and TxDOT, TxDOT shall be considered the generator of and assume generator responsibility for Hazardous Materials other than DB Contractor Releases of Hazardous Materials; provided, however, that the foregoing shall not preclude or limit any rights or remedies that TxDOT may have against third parties, including prior owners, lessees, licensees and occupants of the Project ROW.
3.8.3.2. As between DB Contractor and TxDOT, DB Contractor shall be considered the generator of and assume generator responsibility only for DB Contractor Releases of Hazardous Materials.
3.8.3.3. TxDOT has exclusive decision-making authority regarding selection of the destination facility to which Hazardous Materials other than DB Contractor Release(s) of Hazardous Materials will be transported.
3.8.3.4. To the extent permitted by applicable Law, TxDOT shall defend, indemnify and hold harmless DB Contractor from third party claims, causes of action
Hazardous Material Generator. As between Design/Builder and the Alamo RMA, and except as provided herein, the Alamo RMA shall be considered the generator of Hazardous Materials on the Final ROW properties as of the Effective Date; provided, however, that the foregoing shall not preclude or limit any rights or remedies that the Alamo RMA may have against third parties and/or prior owners, lessees, licensees and occupants of the Final ROW. Design/Builder shall be considered the generator of any Hazardous Materials which result from (a) Release(s) of Hazardous Material attributable to the negligence, willful misconduct, or breach of applicable Law or contract by any member of the Design/Builder Group; and (b) Release(s) of Hazardous Materials arranged to be brought onto the Final ROW or elsewhere by any member of the Design/Builder Group regardless of the cause of the Release of Hazardous Materials.
Hazardous Material Generator. As between Integrator and TxDOT, TxDOT shall be considered the generator of Hazardous Materials on any Final ROW properties as of the Effective Date; provided, however, that the foregoing shall not preclude or limit any rights or remedies that TxDOT may have against third parties and/or prior owners, lessees, licensees and occupants of the Final ROW. As between Integrator and TxDOT, Integrator shall be considered the generator of any Hazardous Materials on any Final ROW which result from (a) Release(s) of Hazardous Material attributable to the negligence, willful misconduct, or breach of applicable Law or contract by any Integrator-Related Entity; and (b) Release(s) of Hazardous Materials arranged to be brought onto any Final ROW or elsewhere by any Integrator-Related Entity regardless of the cause of the Release of Hazardous Materials.
Hazardous Material Generator. As between Design/Builder and the Alamo RMA, and except as provided herein, the Alamo RMA shall be considered the generator of Hazardous Materials on the Final ROW properties as of the Effective Date; provided, however, that the foregoing shall not preclude or limit any rights or remedies that the Alamo RMA may have against third parties and/or prior owners, lessees, licensees and occupants of the Final ROW. Design/Builder shall be considered the generator of any Hazardous Materials which result from (a) Release(s) of Hazardous Material attributable to the negligence, willful misconduct, or breach of applicable Law or contract by any member of the Design/Builder Group; and (b) Release(s) of Hazardous Materials arranged to be brought onto the Final ROW or elsewhere by any member of the Design/Builder Group regardless of the cause of the Release of Hazardous Materials.
