Common use of Limits on Compensation Clause in Contracts

Limits on Compensation. 10.8.2.2.1 If compensation is payable to DB Contractor 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. DB Contractor shall not be entitled to a Change Order for additional compensation with respect to the Hazardous Materials Management responsibilities set forth in Sections 3.8.1.1 and 3.8.1.2. 10.8.2.2.2 Entitlement to compensation shall be limited to work performed pursuant to DB Contractor’s Hazardous Materials Management Plan, prepared and approved by TxDOT in accordance with Section 3.4.1 of Exhibit 2 to this CMA 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, (b) any use of Hazardous Materials that could have been avoided by reasonable design modifications, maintenance procedures or construction techniques, (c) any costs that could have been avoided or (d) delay and disruption damages. 10.8.2.2.3 DB Contractor shall be deemed to have waived the right to collect any and all costs incurred in connection with any Hazardous Materials Management and any right to obtain a time extension if TxDOT is not provided written notice of the discovery of Hazardous Materials and afforded the opportunity to inspect sites containing Hazardous Materials before any action is taken that would inhibit TxDOT’s ability to ascertain, based on a site inspection, the nature and extent of the materials. In the event of an Emergency involving Hazardous Materials, DB Contractor may take such limited actions as are required by Law without advance notice to TxDOT but shall provide such notice immediately thereafter (which in no event shall be more than two hours after the incident by phone and 24 hours after the incident by written notice). 10.8.2.2.4 In cases involving reimbursement for Hazardous Materials Management under this Section 10.8.2, allowable costs shall be limited to the incremental costs actually incurred in performing Hazardous Materials Management after completion of the testing process to determine whether Hazardous Materials are present (deducting any avoided costs, such as the cost of disposal that would have been incurred had Hazardous Materials not been present). Investigating and characterizing are included in the Maintenance Price, and DB Contractor shall not be entitled to additional compensation therefor. DB Contractor shall take all reasonable steps to minimize acts or omissions that cause DB Contractor to incur any such incremental costs. 10.8.2.2.5 Compensation shall be allowed only to the extent that DB Contractor demonstrates to TxDOT’s satisfaction that (a) the Hazardous Materials Management could not have been avoided by reasonable design modifications, maintenance procedures or construction techniques and (b) DB Contractor’s plan for the Hazardous Materials Management represents the approach that is most beneficial to the Project and the public. 10.8.2.2.6 DB Contractor shall provide TxDOT with such information, analyses and certificates as may be requested by TxDOT in order to enable a determination regarding eligibility for payment.

Limits on Compensation. 10.8.2.2.1 10.8.2.2.1. If compensation is payable to DB Contractor 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. DB Contractor shall not be entitled to a Change Order for additional compensation with respect to the Hazardous Materials Management responsibilities set forth in Sections 3.8.1.1 and 3.8.1.2. 10.8.2.2.2 10.8.2.2.2. Entitlement to compensation shall be limited to work performed pursuant to DB Contractor’s Hazardous Materials Management Plan, prepared and approved by TxDOT in accordance with Section 3.4.1 4.6.1 of Exhibit 2 to this CMA Comprehensive Maintenance Agreement, and any Site Investigation Report site investigation report or workplan for such Hazardous Materials as approved by TxDOT TxDOT, in writing. No compensation shall be allowed with respect to to: (a) immaterial quantities of Hazardous Materials, (b) any use of Hazardous Materials that could have been avoided by reasonable design modifications, maintenance procedures or construction techniques, (c) any costs that could have been avoided or (d) delay and disruption damages. 10.8.2.2.3 10.8.2.2.3. DB Contractor shall be deemed to have waived the right to collect any and all costs incurred in connection with any Hazardous Materials Management and any right to obtain a time extension if TxDOT is not provided written notice of the discovery of Hazardous Materials and afforded the opportunity to inspect sites containing Hazardous Materials before any action is taken that which would inhibit TxDOT’s 's ability to ascertain, based on a site inspection, the nature and extent of the materials. In the event of an Emergency involving Hazardous Materials, DB Contractor may take such limited actions as are required by Law without advance notice to TxDOT TxDOT, but shall provide such notice immediately thereafter (which in no event shall be more than two 2 hours after the incident by phone and 24 hours after the incident by written notice). 10.8.2.2.4 10.8.2.2.4. In cases involving reimbursement for Hazardous Materials Management under this Section 10.8.2, allowable costs shall be limited to the incremental costs actually incurred in performing Hazardous Materials Management after completion of the testing process to determine whether Hazardous Materials are present (deducting any avoided costs, costs such as the cost of disposal that would have been incurred had Hazardous Materials not been present). Investigating and characterizing are included in the Maintenance Price, Price and DB Contractor shall not be entitled to additional compensation therefor. DB Contractor shall take all reasonable steps to minimize acts or omissions that cause DB Contractor to incur any such incremental costs. 10.8.2.2.5 10.8.2.2.5. Compensation shall be allowed only to the extent that DB Contractor demonstrates to TxDOT’s 's satisfaction that that: (a) the Hazardous Materials Management could not have been avoided by reasonable design modifications, maintenance procedures or construction techniques and (b) DB Contractor’s plan for the Hazardous Materials Management represents the approach that which is most beneficial to the Project and the public. 10.8.2.2.6 10.8.2.2.6. DB Contractor shall provide TxDOT with such information, analyses and certificates as may be requested by TxDOT in order to enable a determination regarding eligibility for payment.

Limits on Compensation. 10.8.2.2.1 10.8.2.2.1. If compensation is payable to DB Contractor 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. DB Contractor shall not be entitled to a Change Order for additional compensation with respect to the Hazardous Materials Management responsibilities set forth in Sections 3.8.1.1 and 3.8.1.2. 10.8.2.2.2 10.8.2.2.2. Entitlement to compensation shall be limited to work performed pursuant to DB Contractor’s Hazardous Materials Management Plan, prepared and approved by TxDOT in accordance with Section 3.4.1 4.4.1 of Exhibit 2 to this CMA Capital Maintenance Agreement, and any Site Investigation Report or workplan for such Hazardous Materials as approved by TxDOT TxDOT, in writing. No compensation shall be allowed with respect to to: (a) immaterial quantities of Hazardous Materials, (b) any use of Hazardous Materials that could have been avoided by reasonable design modifications, maintenance procedures or construction techniques, (c) any costs that could have been avoided or (d) delay and disruption damages. 10.8.2.2.3 10.8.2.2.3. DB Contractor shall be deemed to have waived the right to collect any and all costs incurred in connection with any Hazardous Materials Management and any right to obtain a time extension if TxDOT is not provided written notice of the discovery of Hazardous Materials and afforded the opportunity to inspect sites containing Hazardous Materials before any action is taken that which would inhibit TxDOT’s 's ability to ascertain, based on a site inspection, the nature and extent of the materials. In the event of an Emergency involving Hazardous Materials, DB Contractor may take such limited actions as are required by Law without advance notice to TxDOT TxDOT, but shall provide such notice immediately thereafter (which in no event shall be more than two 2 hours after the incident by phone and 24 hours after the incident by written notice). 10.8.2.2.4 10.8.2.2.4. In cases involving reimbursement for Hazardous Materials Management under this Section 10.8.2, allowable costs shall be limited to the incremental costs actually incurred in performing Hazardous Materials Management after completion of the testing process to determine whether Hazardous Materials are present (deducting any avoided costs, costs such as the cost of disposal that would have been incurred had Hazardous Materials not been present). Investigating and characterizing are included in the Maintenance Price, Price and DB Contractor shall not be entitled to additional compensation therefor. DB Contractor shall take all reasonable steps to minimize acts or omissions that cause DB Contractor to incur any such incremental costs. 10.8.2.2.5 10.8.2.2.5. Compensation shall be allowed only to the extent that DB Contractor demonstrates to TxDOT’s 's satisfaction that that: (a) the Hazardous Materials Management could not have been avoided by reasonable design modifications, maintenance procedures or construction techniques and (b) DB Contractor’s plan for the Hazardous Materials Management represents the approach that which is most beneficial to the Project and the public. 10.8.2.2.6 10.8.2.2.6. DB Contractor shall provide TxDOT with such information, analyses and certificates as may be requested by TxDOT in order to enable a determination regarding eligibility for payment.

Limits on Compensation. 10.8.2.2.1 10.8.2.2.1. If compensation is payable to DB Contractor 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. DB Contractor shall not be entitled to a Change Order for additional compensation with respect to the Hazardous Materials Management responsibilities set forth in Sections 3.8.1.1 and 3.8.1.2. 10.8.2.2.2 10.8.2.2.2. Entitlement to compensation shall be limited to work performed pursuant to DB Contractor’s Hazardous Materials Management Plan, prepared and approved by TxDOT in accordance with Section 3.4.1 4.5 of Exhibit 2 to this CMA Comprehensive Maintenance Agreement, and any Site Investigation Report site investigation report or workplan for such Hazardous Materials as approved by TxDOT TxDOT, in writing. No compensation shall be allowed with respect to to: (a) immaterial quantities of Hazardous Materials, (b) any use of Hazardous Materials that could have been avoided by reasonable design modifications, maintenance procedures or construction techniques, (c) any costs that could have been avoided or (d) delay and disruption damages. 10.8.2.2.3 10.8.2.2.3. DB Contractor shall be deemed to have waived the right to collect any and all costs incurred in connection with any Hazardous Materials Management and any right to obtain a time extension if TxDOT is not provided written notice of the discovery of Hazardous Materials and afforded the opportunity to inspect sites containing Hazardous Materials before any action is taken that which would inhibit TxDOT’s 's ability to ascertain, based on a site inspection, the nature and extent of the materials. In the event of an Emergency involving Hazardous Materials, DB Contractor may take such limited actions as are required by Law without advance notice to TxDOT TxDOT, but shall provide such notice immediately thereafter (which in no event shall be more than two 2 hours after the incident by phone and 24 hours after the incident by written notice). 10.8.2.2.4 10.8.2.2.4. In cases involving reimbursement for Hazardous Materials Management under this Section 10.8.2, allowable costs shall be limited to the incremental costs actually incurred in performing Hazardous Materials Management after completion of the testing process to determine whether Hazardous Materials are present (deducting any avoided costs, costs such as the cost of disposal that would have been incurred had Hazardous Materials not been present). Investigating and characterizing are included in the Maintenance Price, Price and DB Contractor shall not be entitled to additional compensation therefor. DB Contractor shall take all reasonable steps to minimize acts or omissions that cause DB Contractor to incur any such incremental costs. 10.8.2.2.5 10.8.2.2.5. Compensation shall be allowed only to the extent that DB Contractor demonstrates to TxDOT’s 's satisfaction that that: (a) the Hazardous Materials Management could not have been avoided by reasonable design modifications, maintenance procedures or construction techniques and (b) DB Contractor’s plan for the Hazardous Materials Management represents the approach that which is most beneficial to the Project and the public. 10.8.2.2.6 10.8.2.2.6. DB Contractor shall provide TxDOT with such information, analyses and certificates as may be requested by TxDOT in order to enable a determination regarding eligibility for payment.

Limits on Compensation. 10.8.2.2.1 10.8.2.2.1. If compensation is payable to DB Maintenance Contractor 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. DB 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 3.8.1.1 and 3.8.1.2. 10.8.2.2.2 10.8.2.2.2. Entitlement to compensation shall be limited to work performed pursuant to DB Maintenance Contractor’s Hazardous Materials Management Plan, prepared and approved by TxDOT in accordance with Section 3.4.1 1.18 of Exhibit 2 to this CMA Comprehensive Maintenance Agreement, and any Site Investigation Report site investigation report or workplan for such Hazardous Materials as approved by TxDOT TxDOT, in writing. No compensation shall be allowed with respect to to: (a) immaterial quantities of Hazardous Materials, (b) any use of Hazardous Materials that could have been avoided by reasonable design modifications, maintenance procedures or construction techniques, (c) any costs that could have been avoided or (d) delay and disruption damages. 10.8.2.2.3 DB 10.8.2.2.3. Maintenance Contractor shall be deemed to have waived the right to collect any and all costs incurred in connection with any Hazardous Materials Management and any right to obtain a time extension if TxDOT is not provided written notice of the discovery of Hazardous Materials and afforded the opportunity to inspect sites containing Hazardous Materials before any action is taken that would inhibit TxDOT’s ability to ascertain, based on a site inspection, the nature and extent of the materialscontaining 10.8.2.2.4. In the event of an Emergency involving Hazardous Materials, DB Contractor may take such limited actions as are required by Law without advance notice to TxDOT but shall provide such notice immediately thereafter (which in no event shall be more than two hours after the incident by phone and 24 hours after the incident by written notice). 10.8.2.2.4 In cases involving reimbursement for Hazardous Materials Management under this Section 10.8.2, allowable costs shall be limited to the incremental costs actually incurred in performing Hazardous Materials Management after completion of the testing process to determine whether Hazardous Materials are present (deducting any avoided costs, costs such as the cost of disposal that would have been incurred had Hazardous Materials not been present). Investigating and characterizing are included in the Maintenance Price, Price and DB Maintenance Contractor shall not be entitled to additional compensation therefor. DB Maintenance Contractor shall take all reasonable steps to minimize acts or omissions that cause DB Maintenance Contractor to incur any such incremental costs. 10.8.2.2.5 10.8.2.2.5. Compensation shall be allowed only to the extent that DB Maintenance Contractor demonstrates to TxDOT’s 's satisfaction that that: (a) the Hazardous Materials Management could not have been avoided by reasonable design modifications, maintenance procedures or construction techniques and (b) DB Maintenance Contractor’s plan for the Hazardous Materials Management represents the approach that which is most beneficial to the Project and the public. 10.8.2.2.6 DB 10.8.2.2.6. Maintenance Contractor shall provide TxDOT with such information, analyses and certificates as may be requested by TxDOT in order to enable a determination regarding eligibility for payment.

Limits on Compensation. 10.8.2.2.1 10.8.2.2.1. If compensation is payable to DB Maintenance Contractor 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. DB 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 3.8.1.1 3.8.1 and 3.8.1.23.8.2. 10.8.2.2.2 10.8.2.2.2. Entitlement to compensation shall be limited to work performed pursuant to DB Maintenance Contractor’s Hazardous Materials Management Plan, prepared and approved by TxDOT in accordance with Section 3.4.1 1.18 of Exhibit 2 to this CMA Comprehensive Maintenance Agreement, and any Site Investigation Report site investigation report or workplan for such Hazardous Materials as approved by TxDOT TxDOT, in writing. No compensation shall be allowed with respect to to: (a) immaterial quantities of Hazardous Materials, (b) any use of Hazardous Materials that could have been avoided by reasonable design modifications, maintenance procedures or construction techniques, (c) any costs that could have been avoided or (d) delay and disruption damages. 10.8.2.2.3 DB 10.8.2.2.3. Maintenance Contractor shall be deemed to have waived the right to collect any and all costs incurred in connection with any Hazardous Materials Management and any right to obtain a time extension if TxDOT is not provided written notice of the discovery of Hazardous Materials and afforded the opportunity to inspect sites containing Hazardous Materials before any action is taken that which would inhibit TxDOT’s 's ability to ascertain, based on a site inspection, the nature and extent of the materials. In the event of an Emergency involving Hazardous Materials, DB Maintenance Contractor may take such limited actions as are required by Law without advance notice to TxDOT TxDOT, but shall provide such notice immediately thereafter (which in no event shall be more than two 2 hours after the incident by phone and 24 hours after the incident by written notice). 10.8.2.2.4 10.8.2.2.4. In cases involving reimbursement for Hazardous Materials Management under this Section 10.8.2, allowable costs shall be limited to the incremental costs actually incurred in performing Hazardous Materials Management after completion of the testing process to determine whether Hazardous Materials are present (deducting any avoided costs, costs such as the cost of disposal that would have been incurred had Hazardous Materials not been present). Investigating and characterizing are included in the Maintenance Price, Price and DB Maintenance Contractor shall not be entitled to additional compensation therefor. DB Maintenance Contractor shall take all reasonable steps to minimize acts or omissions that cause DB Maintenance Contractor to incur any such incremental costs. 10.8.2.2.5 10.8.2.2.5. Compensation shall be allowed only to the extent that DB Maintenance Contractor demonstrates to TxDOT’s 's satisfaction that that: (a) the Hazardous Materials Management could not have been avoided by reasonable design modifications, maintenance procedures or construction techniques and (b) DB Maintenance Contractor’s plan for the Hazardous Materials Management represents the approach that which is most beneficial to the Project and the public. 10.8.2.2.6 DB 10.8.2.2.6. Maintenance Contractor shall provide TxDOT with such information, analyses and certificates as may be requested by TxDOT in order to enable a determination regarding eligibility for payment.

Limits on Compensation. 10.8.2.2.1 10.8.2.2.1. If compensation is payable to DB Maintenance Contractor 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. DB 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 3.8.1.1 3.8.1 and 3.8.1.23.8.2. 10.8.2.2.2 10.8.2.2.2. Entitlement to compensation shall be limited to work performed pursuant to DB Maintenance Contractor’s Hazardous Materials Management Plan, prepared and approved by TxDOT in accordance with Section 3.4.1 0260 of Exhibit 2 to this CMA Comprehensive Maintenance Agreement, and any Site Investigation Report site investigation report or workplan work plan for such Hazardous Materials as approved by TxDOT TxDOT, in writing. No compensation shall be allowed with respect to to: (a) immaterial quantities of Hazardous Materials, (b) any use of Hazardous Materials that could have been avoided by reasonable design modifications, maintenance procedures or construction techniques, (c) any costs that could have been avoided or (d) delay and disruption damages. 10.8.2.2.3 DB 10.8.2.2.3. Maintenance Contractor shall be deemed to have waived the right to collect any and all costs incurred in connection with any Hazardous Materials Management and any right to obtain a time extension if TxDOT is not provided written notice of the discovery of Hazardous Materials and afforded the opportunity to inspect sites containing Hazardous Materials before any action is taken that which would inhibit TxDOT’s 's ability to ascertain, based on a site inspection, the nature and extent of the materials. In the event of an Emergency involving Hazardous Materials, DB Maintenance Contractor may take such limited actions as are required by Law without advance notice to TxDOT TxDOT, but shall provide such notice immediately thereafter (which in no event shall be more than two 2 hours after the incident by phone and 24 hours after the incident by written notice). 10.8.2.2.4 10.8.2.2.4. In cases involving reimbursement for Hazardous Materials Management under this Section 10.8.2, allowable costs shall be limited to the incremental costs actually incurred in performing Hazardous Materials Management after completion of the testing process to determine whether Hazardous Materials are present (deducting any avoided costs, costs such as the cost of disposal that would have been incurred had Hazardous Materials not been present). Investigating and characterizing are included in the Maintenance Price, Price and DB Maintenance Contractor shall not be entitled to additional compensation therefor. DB Maintenance Contractor shall take all reasonable steps to minimize acts or omissions that cause DB Maintenance Contractor to incur any such incremental costs. 10.8.2.2.5 10.8.2.2.5. Compensation shall be allowed only to the extent that DB Maintenance Contractor demonstrates to TxDOT’s 's satisfaction that that: (a) the Hazardous Materials Management could not have been avoided by reasonable design modifications, maintenance procedures or construction techniques and (b) DB Maintenance Contractor’s plan for the Hazardous Materials Management represents the approach that is most beneficial to the Project and the public.for 10.8.2.2.6 DB 10.8.2.2.6. Maintenance Contractor shall provide TxDOT with such information, analyses and certificates as may be requested by TxDOT in order to enable a determination regarding eligibility for payment.

Limits on Compensation. 10.8.2.2.1 10.8.2.2.1. If compensation is payable to DB Maintenance Contractor 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. DB 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 3.8.1.1 3.8.1 and 3.8.1.23.8.2. 10.8.2.2.2 10.8.2.2.2. Entitlement to compensation shall be limited to work performed pursuant to DB Maintenance Contractor’s Hazardous Materials Management Plan, prepared and approved by TxDOT in accordance with Section 3.4.1 0260 of Exhibit 2 to this CMA Comprehensive Maintenance Agreement, and any Site Investigation Report site investigation report or workplan work plan for such Hazardous Materials as approved by TxDOT TxDOT, in writing. No compensation shall be allowed with respect to to: (a) immaterial quantities of Hazardous Materials, (b) any use of Hazardous Materials that could have been avoided by reasonable design modifications, maintenance procedures or construction techniques, (c) any costs that could have been avoided or (d) delay and disruption damages. 10.8.2.2.3 DB 10.8.2.2.3. Maintenance Contractor shall be deemed to have waived the right to collect any and all costs incurred in connection with any Hazardous Materials Management and any right to obtain a time extension if TxDOT is not provided written notice of the discovery of Hazardous Materials and afforded the opportunity to inspect sites containing Hazardous Materials before any action is taken that which would inhibit TxDOT’s 's ability to ascertain, based on a site inspection, the nature and extent of the materials. In the event of an Emergency involving Hazardous Materials, DB Maintenance Contractor may take such limited actions as are required by Law without advance notice to TxDOT TxDOT, but shall provide such notice immediately thereafter (which in no event shall be more than two 2 hours after the incident by phone and 24 hours after the incident by written notice). 10.8.2.2.4 10.8.2.2.4. In cases involving reimbursement for Hazardous Materials Management under this Section 10.8.2, allowable costs shall be limited to the incremental costs actually incurred in performing Hazardous Materials Management after completion of the testing process to determine whether Hazardous Materials are present (deducting any avoided costs, costs such as the cost of disposal that would have been incurred had Hazardous Materials not been present). Investigating and characterizing are included in the Maintenance Price, Price and DB Maintenance Contractor shall not be entitled to additional compensation therefor. DB Maintenance Contractor shall take all reasonable steps to minimize acts or omissions that cause DB Maintenance Contractor to incur any such incremental costs. 10.8.2.2.5 10.8.2.2.5. Compensation shall be allowed only to the extent that DB Maintenance Contractor demonstrates to TxDOT’s 's satisfaction that that: (a) the Hazardous Materials Management could not have been avoided by reasonable design modifications, maintenance procedures or construction techniques and (b) DB Maintenance Contractor’s plan for the Hazardous Materials Management represents the approach that which is most beneficial to the Project and the public. 10.8.2.2.6 DB 10.8.2.2.6. Maintenance Contractor shall provide TxDOT with such information, analyses and certificates as may be requested by TxDOT in order to enable a determination regarding eligibility for payment.

Limits on Compensation. 10.8.2.2.1 10.8.2.2.1. If compensation is payable to DB Maintenance Contractor 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. DB 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 3.8.1.1 3.8.1 and 3.8.1.23.8.2. 10.8.2.2.2 10.8.2.2.2. Entitlement to compensation shall be limited to work performed pursuant to DB Maintenance Contractor’s Hazardous Materials Management Plan, prepared and approved by TxDOT in accordance with Section 3.4.1 0260 of Exhibit 2 to this CMA Comprehensive Maintenance Agreement, and any Site Investigation Report site investigation report or workplan for such Hazardous Materials as approved by TxDOT TxDOT, in writing. No compensation shall be allowed with respect to to: (a) immaterial quantities of Hazardous Materials, (b) any use of Hazardous Materials that could have been avoided by reasonable design modifications, maintenance procedures or construction techniques, (c) any costs that could have been avoided or (d) delay and disruption damages. 10.8.2.2.3 DB 10.8.2.2.3. Maintenance Contractor shall be deemed to have waived the right to collect any and all costs incurred in connection with any Hazardous Materials Management and any right to obtain a time extension if TxDOT is not provided written notice of the discovery of Hazardous Materials and afforded the opportunity to inspect sites containing Hazardous Materials before any action is taken that which would inhibit TxDOT’s 's ability to ascertain, based on a site inspection, the nature and extent of the materials. In the event of an Emergency involving Hazardous Materials, DB Maintenance Contractor may take such limited actions as are required by Law without advance notice to TxDOT TxDOT, but shall provide such notice immediately thereafter (which in no event shall be more than two 2 hours after the incident by phone and 24 hours after the incident by written notice). 10.8.2.2.4 10.8.2.2.4. In cases involving reimbursement for Hazardous Materials Management under this Section 10.8.2, allowable costs shall be limited to the incremental costs actually incurred in performing Hazardous Materials Management after completion of the testing process to determine whether Hazardous Materials are present (deducting any avoided costs, costs such as the cost of disposal that would have been incurred had Hazardous Materials not been present). Investigating and characterizing are included in the Maintenance Price, Price and DB Maintenance Contractor shall not be entitled to additional compensation therefor. DB Maintenance Contractor shall take all reasonable steps to minimize acts or omissions that cause DB Maintenance Contractor to incur any such incremental costs. 10.8.2.2.5 10.8.2.2.5. Compensation shall be allowed only to the extent that DB Maintenance Contractor demonstrates to TxDOT’s 's satisfaction that that: (a) the Hazardous Materials Management could not have been avoided by reasonable design modifications, maintenance procedures or construction techniques and (b) DB Maintenance Contractor’s plan for the Hazardous Materials Management represents the approach that which is most beneficial to the Project and the public. 10.8.2.2.6 DB 10.8.2.2.6. Maintenance Contractor shall provide TxDOT with such information, analyses and certificates as may be requested by TxDOT in order to enable a determination regarding eligibility for payment.

Limits on Compensation. 10.8.2.2.1 If compensation is payable to DB Contractor 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. DB Contractor shall not be entitled to a Change Order for additional compensation with respect to the Hazardous Materials Management responsibilities set forth in Sections 3.8.1.1 and 3.8.1.2. 10.8.2.2.2 Entitlement to compensation shall be limited to work performed pursuant to DB Contractor’s Hazardous Materials Management Plan, prepared and approved by TxDOT in accordance with Section 3.4.1 of Exhibit 2 to this CMA 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, (b) any use of Hazardous Materials that could have been avoided by reasonable design modifications, maintenance procedures or construction techniques, (c) any costs that could have been avoided or (d) delay and disruption damages. 10.8.2.2.3 DB Contractor shall be deemed to have waived the right to collect any and all costs incurred in connection with any Hazardous Materials Management and any right to obtain a time extension if TxDOT is not provided written notice of the discovery of Hazardous Materials and afforded the opportunity to inspect sites containing Hazardous Materials before any action is taken that would inhibit TxDOT’s ability to ascertain, based on a site inspection, the nature and extent of the materials. In the event of an Emergency involving Hazardous Materials, DB Contractor may take such limited actions as are required by Law without advance notice to TxDOT but shall provide such notice immediately thereafter (which in no event shall be more than two hours after the incident by phone and 24 hours after the incident by written notice). 10.8.2.2.4 In cases involving reimbursement for Hazardous Materials Management under this Section 10.8.2, allowable costs shall be limited to the incremental costs actually incurred in performing Hazardous Materials Management after completion of the testing process to determine whether Hazardous Materials are present (deducting any avoided costs, such as the cost of disposal that would have been incurred had Hazardous Materials not been present). Investigating and characterizing are included in the Maintenance Price, and DB Contractor shall not be entitled to additional compensation therefor. DB Contractor shall take all reasonable steps to minimize acts or omissions that cause DB Contractor to incur any such incremental costs. 10.8.2.2.5 Compensation shall be allowed only to the extent that DB Contractor demonstrates to TxDOT’s satisfaction that (a) the Hazardous Materials Management could not have been avoided by reasonable design modifications, maintenance procedures or construction techniques and (b) DB Contractor’s plan for the Hazardous Materials Management represents the approach that is most beneficial to the Project and the public. 10.8.2.2.6 DB Contractor shall provide TxDOT with such information, analyses and certificates as may be requested by TxDOT in order to enable a determination regarding eligibility for payment.. Texas Department of Transportation - 72 - Execution Version I-635 LBJ East Project Capital Maintenance Agreement