Common use of Hazardous Material Generator Clause in Contracts

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. 3.8.3.1 3.8.3.1. As between DB Contractor and TxDOT, TxDOT shall be considered the generator of, 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 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 3.8.3.3. TxDOT has exclusive decision-making authority regarding selection of the destination facility to which Hazardous Materials, Materials other than DB Contractor Releases Release(s) of Hazardous Materials, Materials will be transported. 3.8.3.4 3.8.3.4. To the extent permitted by applicable Law, TxDOT shall defend, indemnify and hold harmless DB Contractor from third-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.