Common use of Hazardous Materials Investigation Clause in Contracts

Hazardous Materials Investigation. Either Party, at its election and expense, or both Parties by joint election and at equally shared expense, shall have the right to conduct and complete (a) a Phase 1 Hazardous Materials Investigation of each parcel of the Project Right of Way, and (b) an original Phase 1 Hazardous Materials Investigation of each parcel of Additional Properties to be added to the Project Right of Way due to TxDOT Changes, in each case not later than 90 days after the date TxDOT makes available to Developer such parcel. If, as a result of any such Phase 1 Hazardous Materials Investigation, facts are revealed that would reasonably necessitate a Phase 2 Hazardous Materials Investigation of any such parcel, either Party, at its election and expense, or both Parties by joint election and at equally shared expense, shall have the right to conduct a Phase 2 Hazardous Materials Investigation, not later than 180 days after the date TxDOT makes available to Developer such parcel. (For this purpose “makes available” has the meaning set forth in the definition of Pre-existing Hazardous Materials.) Any such Phase 1 Hazardous Materials Investigation of any parcel of the Project Right of Way shall supplement the limited Phase 1 Hazardous Materials Investigation conducted for TxDOT prior to the Effective Date as identified in the definition of Pre-existing Hazardous Materials. The Party causing any such Phase 1 Hazardous Materials Investigation or Phase 2 Hazardous Materials Investigation to be prepared shall deliver to the other Party for review and comment a draft report of the Phase 1 Hazardous Materials Investigation or Phase 2 Hazardous Materials Investigation, as applicable. After receiving the other Party’s comments, if any, the preparing Party shall complete and deliver to the other Party a final report of the Phase 1 Hazardous Materials Investigation or Phase 2 Hazardous Materials Investigation within five days after the final report is issued and within the foregoing applicable time period.