Hazardous Materials Management. Without limiting TxDOT’s role or responsibilities as set forth in Sections 7.9.3 and 7.9.5 and except as provided otherwise in Exhibit 11, during the Operating Period, Developer shall manage, treat, handle, store, remediate, remove, transport (where applicable) and dispose of all Hazardous Materials and Recognized Environmental Conditions, including contaminated groundwater, for which Developer is responsible under Section 7.9, to the extent required by and in accordance with applicable Law, Governmental Approvals, the Hazardous Materials Management Plan, and all applicable provisions of the CDA Documents. The provisions of Section 7.9 and Exhibit 11 shall apply throughout the Operating Period.
Hazardous Materials Management. Subject to the limitations contained in, and upon DB Contractor’s fulfillment of all applicable requirements of, this Section 4.5 hereof and Section 5 of the CMA, TxDOT shall issue Change Orders to compensate DB Contractor for additional costs directly attributable to Hazardous Materials Management, except Hazardous Materials Management costs arising out of or relating to DB Contractor Releases of Hazardous Materials.
Hazardous Materials Management. 18 6.8.1 Without limiting ADOT’s role or responsibilities set forth in 19 Sections 6.8.6, 6.8.7 and 14.4.8, and except as provided otherwise below, Developer 20 shall undertake Hazardous Materials Management of all Hazardous Materials and 21 Recognized Environmental Conditions, including contaminated groundwater, in 22 accordance with applicable Law, Governmental Approvals, the Hazardous Materials 23 Management Plan, and all applicable provisions of the Contract Documents.
Hazardous Materials Management. 5.9.1 Without limiting IFA’s role or responsibilities set forth in Section 5.9.6 and Exhibit 5, and except as provided otherwise below, Developer shall undertake Hazardous Materials Management of all Hazardous Materials and Hazardous Environmental Conditions, including contaminated groundwater, in accordance with applicable Law, Governmental Approvals, the Hazardous Materials Management Plan, and all applicable provisions of the PPA Documents.
Hazardous Materials Management. If compensation is payable to Maintenance Contractor pursuant to Section 3.7 with respect to Hazardous Materials Management, the amount of the Change Order shall either be a negotiated amount acceptable to the Parties, or 100% of the Reimbursable Hazardous Materials Costs for the work in question, subject to the limitations set forth in this Section 10.8.2. Maintenance Contractor shall not be entitled to a Change Order for additional compensation with respect to the Hazardous Materials Management responsibilities set forth in Sections 3.7.1 and 3.7.2. Entitlement to compensation shall be limited to work performed pursuant to Maintenance Contractor’s Hazardous Materials Management Plan and any site investigation report or workplan for such Hazardous Materials as approved by TxDOT, in writing. No compensation shall be allowed with respect to: (a) immaterial quantities of Hazardous Materials,
Hazardous Materials Management. 10.8.2.1 Subject to the limitations contained in, and upon DB Contractor’s fulfillment of all applicable requirements of, this Section 10 and subject to TxDOT’s rights set forth in Section 3.8.2.3, TxDOT shall issue Change Orders to compensate DB Contractor for additional costs directly attributable to Hazardous Materials Management, except Hazardous Materials Management costs arising out of or relating to Hazardous Materials for which DB Contractor is responsible pursuant to Section 3.8.1.1.
Hazardous Materials Management. 10.8.2.1. Subject to the limitations contained in, and upon Maintenance Contractor’s fulfillment of all applicable requirements of, this Section 10, TxDOT shall issue Change Orders to compensate Maintenance Contractor for additional costs directly attributable to Hazardous Materials Management, except Hazardous Materials Management costs arising out of or relating to Maintenance Contractor Releases of Hazardous Materials.
Hazardous Materials Management. Hazardous materials were historically stored or used at fifteen buildings within Parcel 5 (Boeing, 1993b,- SEC Donahue Inc., 1993). Hazardous materials are currently stored or used at eight buildings. Tables 10 and 11 list the hazardous materials formerly and currently stored or used in Parcel 5, respectively.
Hazardous Materials Management. Following Project Substantial Completion, Operator shall be responsible for the on-site management of all Hazardous Materials generated by or used in the operation or maintenance of the Plant. Following Project Substantial Completion, Owner shall be identified to any Governmental Authority as the party responsible for the generation, treatment, storage and disposal of all hazardous or toxic wastes (including waste Hazardous Materials) generated by or used in the operation or maintenance of the Plant (and, therefore, Owner shall be designated as the “generator” on all manifests relating to all such hazardous or toxic wastes). Operator shall use commercially reasonable and diligent efforts to prevent the release of any Hazardous Materials into the air, soil, surface water or groundwater at the Plant (other than as permitted by applicable Environmental Laws). Owner shall indemnify, defend, and hold harmless the Operator Indemnified Parties from and against any Claims arising from (i) unpermitted releases of Hazardous Materials into the air, soil, surface water or groundwater at the Plant caused by Owner or any its representatives, employees or agents (excepting Operator, its representatives, employees, agents, contractors or Subcontractors including any Plant Personnel or Support Personnel) or (ii) Hazardous Materials existing at the Plant site prior to the date Contractor mobilizes to the Plant site. Operator shall defend, indemnify and hold the Owner Indemnified Parties harmless against, and shall reimburse Owner for any Claims resulting from or related to any unpermitted releases of Hazardous Materials into the air, soil, surface water or groundwater at or from the Plant caused by the acts or omissions of Operator, its representatives, employees, agents, contractors or Subcontractors (including any Plant Personnel or Support Personnel), except for Hazardous Materials existing at the Plant site prior to the date Contractor mobilizes to the Plant site. The amount of any indemnity payable under this Section 9.2 shall be reduced by the amount of all net insurance proceeds received by the indemnified parties in respect of the occurrence of the event giving rise to the indemnification obligation hereunder.
Hazardous Materials Management. For the purposes of this contract, hazardous materials are defined by section 3.2 of FED-STD-313E.
