Common use of Off-Site Disposal and Hazardous Clause in Contracts

Off-Site Disposal and Hazardous. Material Generator (a) Off-site disposal of Hazardous Materials other than Developer Release(s) of Hazardous Materials is subject to the following provisions: (i) As between Developer and TxDOT, TxDOT shall be considered the generator and assume generator responsibility for Hazardous Materials other than Developer Release(s) of Hazardous Materials. (ii) TxDOT has exclusive decision-making authority regarding selection of the destination facility to which Hazardous Materials other than Developer Release(s) of Hazardous Materials will be transported. With regard to Hazardous Materials other than Developer Release(s) of Hazardous Materials, TxDOT shall comply with the applicable standards for generators including those found at 40 CFR, Part 262, including the responsibility to sign manifests for the transport of hazardous wastes. The foregoing shall not preclude or limit any rights, remedies or defenses that TxDOT or Developer may have against any Governmental Entity or other third parties, including prior owners, lessees, licensees and occupants of any parcel of land that is or becomes part of the Project ROW. (iii) To the extent permitted by applicable Law, TxDOT shall indemnify, save, protect and defend Developer from third party claims, causes of action and Losses arising out of or related to generator liability for Hazardous Material for which Developer is not considered the generator pursuant to this Section 3.14.2, specifically excluding generator liability for actual and threatened Developer Releases of Hazardous Materials. (b) As between Developer and TxDOT, Developer shall be considered the generator and assume generator responsibility only for Developer Releases of Hazardous Materials. For such Hazardous Materials, the following provisions shall apply: (i) Hazardous Materials Management costs, including assessment, containment, and remediation expenses arising from or related to such, shall not be compensable to Developer or entitle Developer to an extension of time, including an extension of the Completion Deadlines. (ii) To the extent permitted by applicable Law, Developer shall indemnify, save, protect and defend TxDOT from third party claims, causes of action and Losses arising out of or related to generator liability for such Developer Releases of Hazardous Materials.

Off-Site Disposal and Hazardous. Material Generator (a) Off-site disposal of Hazardous Materials other than Developer Release(s) of Hazardous Materials is subject to the following provisions: (i) As between Developer and TxDOT, TxDOT shall be considered the generator and assume generator responsibility for Hazardous Materials other than Developer Release(s) of Hazardous Materials. (ii) TxDOT has exclusive decision-making authority regarding selection of the destination facility to which Hazardous Materials other than Developer Release(s) of Hazardous Materials will be transported. With regard to Hazardous Materials other than Developer Release(s) of Hazardous Materials, TxDOT shall comply with the applicable standards for generators including those found at 40 CFR, Part 262, including the responsibility to sign manifests for the transport of hazardous wastes. The foregoing shall not preclude or limit any rights, remedies or defenses that TxDOT or Developer may have against any Governmental Entity or other third parties, including prior owners, lessees, licensees and occupants of any parcel of land that is or becomes part of the Project ROW. (iii) To the extent permitted by applicable Law, TxDOT shall indemnify, save, protect and defend Developer from third party claims, causes of action and Losses arising out of or related to generator liability for Hazardous Material for which Developer is not considered the generator pursuant to this Section 3.14.23.15.2, specifically excluding generator liability for actual and threatened Developer Releases of Hazardous Materials. (b) As between Developer and TxDOT, Developer shall be considered the generator and assume generator responsibility only for Developer Releases of Hazardous Materials. For such Hazardous Materials, the following provisions shall apply: (i) Hazardous Materials Management costs, including assessment, containment, and remediation expenses expenses, on, arising from or related to such, such shall not be compensable to Developer or entitle Developer to an extension of time, including an extension of the Completion Deadlines. (ii) To the extent permitted by applicable Law, Developer shall indemnify, save, protect and defend TxDOT from third party claims, causes of action and Losses arising out of or related to generator liability for such Developer Releases of Hazardous Materials.

Off-Site Disposal and Hazardous. Material Generator (a) Off-site disposal of Hazardous Materials other than Developer Release(s) of Hazardous Materials is subject to the following provisions: (i) As between Developer and TxDOT, TxDOT shall be considered the generator and assume generator responsibility for Hazardous Materials other than Developer Release(s) of Hazardous Materials. (ii) TxDOT has exclusive decision-making authority regarding selection of the destination facility to which Hazardous Materials other than Developer Release(s) of Hazardous Materials will be transported. With regard to Hazardous Materials other than Developer Release(s) of Hazardous Materials, TxDOT shall comply with the applicable standards for generators including those found at 40 CFR, Part 262, including the responsibility to sign manifests for the transport of hazardous wastes. The foregoing shall not preclude or limit any rights, remedies or defenses that TxDOT or Developer may have against any Governmental Entity or other third parties, including prior owners, lessees, licensees and occupants of any parcel of land that is or becomes part of the Project ROW. (iii) To the extent permitted by applicable Law, TxDOT shall indemnify, save, protect and defend Developer from third party claims, causes of action and Losses arising out of or related to generator liability for Hazardous Material for which Developer is not considered the generator pursuant to this Section 3.14.23.15.2, specifically excluding generator liability for actual and threatened Developer Releases of Hazardous Materials. (b) As between Developer and TxDOT, Developer shall be considered the generator and assume generator responsibility only for Developer Releases of Hazardous Materials. For such Hazardous Materials, the following provisions shall apply: (i) Hazardous Materials Management costs, including assessment, containment, and remediation expenses expenses, on, arising from or related to such, such shall not be compensable to Developer or entitle Developer to an extension of time, including an extension of the Completion Deadlines. (ii) To the extent permitted by applicable Law, Developer shall indemnify, save, protect and defend TxDOT from third party claims, causes of action and Losses arising out of or related to generator liability for such Developer Releases of Hazardous Materials.