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. 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.
5.9.2 Developer shall have the following duties to avoid or mitigate adverse financial and schedule impacts of Hazardous Materials and Hazardous Environmental Conditions in respect of the Project and otherwise arising under or relating to the Work.
5.9.2.1 Without cost to IFA, Developer shall adopt design and construction techniques for the Project that, to the maximum extent possible using Good Industry Practice, avoid the need for Hazardous Materials Management, which practices shall be in no case less than Good Industry Practice.
5.9.2.2 If, having met its obligation under Section 5.9.2.1, Developer is unable to avoid Hazardous Materials or a Hazardous Environmental Condition, Developer shall use Good Industry Practice, including design modifications and construction techniques, to minimize costs of Hazardous Materials Management, including minimization of IFA’s long-term costs for Hazardous Materials Management, which practices shall be in no case less than Good Industry Practice.
5.9.2.3 Where Hazardous Materials Management is unavoidable or is required by applicable Law, Developer shall utilize appropriately trained Contractors or personnel to conduct the Hazardous Materials Management activities.
5.9.3 If during the course of the Work, Developer encounters Hazardous Materials or a Hazardous Environmental Condition in connection with the Project, the Site or Work, in an amount, type, quality or location that would require reporting or notice to any Governmental Entity or other Person or taking any preventive or remedial action, in each case under applicable Law, Governmental Approvals, the Hazardous Materials Management Plan or any applicable provision of the PPA Documents, Developer shall promptly provide Notice to IFA and advise IFA of any obligation to notify State or federal agencies under applicable Law. If during the Term IFA discovers Hazardous Materials or a Hazardous Environmental Condition in connection with the Project, the Site or Work, IFA shall promptly provide Notice to Developer of such fact.
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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. 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 Recognized 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.
5.9.2 Developer shall have the following duties to avoid or mitigate adverse financial and schedule impacts of Hazardous Materials and Recognized Environmental Conditions in respect of the East End Crossing and otherwise arising under or relating to the Work.
Hazardous Materials Management. 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. Without limiting ADOT’s role or responsibilities set forth in Sections 5.1, 7 6.8.6, 6.8.7, and 13.4.7, and except as provided otherwise below, Developer shall 8 undertake Hazardous Materials Management of all Hazardous Materials and Recognized 9 Environmental Conditions, including contaminated groundwater, in accordance with 10 applicable Law, Governmental Approvals, the Hazardous Materials Management Plan, 11 and all applicable provisions of the Contract Documents.
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.
