Common use of Pre-Existing Hazardous Substances Clause in Contracts

Pre-Existing Hazardous Substances. and Third-Party Hazardous Substances‌ (a) The Department, to the extent permitted by Law, will pay the Developer for the Developer’s Allocable Costs for Remedial Actions with respect to any Unknown Pre-Existing Hazardous Substances and Third-Party Hazardous Substances, the presence of either of which constitutes a Hazardous Environmental Condition. To the extent the Developer recovers costs from any available reimbursement program or third parties with respect to Unknown Pre- Existing Hazardous Substances or Third-Party Hazardous Substances, the Developer will pay such costs to the Department, less the Allocable Costs incurred by the Developer in seeking recovery in accordance with Section 16.01(e). The Developer will furnish to the Department documentation supporting the amount recovered from any reimbursement program or third parties and the Allocable Costs incurred by the Developer in pursuing such recovery. (b) The Department, to the extent permitted by law, will assume responsibility for third-party claims against the Developer or any Developer Party for personal injury, damages or harm to property or business due to a sudden release of Hazardous Substances by a Person other than the Developer that first occurs on the GP Lanes and concurrently or immediately thereafter is found to be present on the Express Lanes, and all related penalties, fines and administrative or civil sanctions arising out of or related to such sudden release of Hazardous Substances, except to the extent such claims are due to the negligence, recklessness, illegal conduct or willful misconduct of the Developer or any Developer Party. (c) At all times during the Term, the Developer will provide cost estimates with respect to such Remedial Actions which may be paid by the Department, for the Department’s review and approval of such costs prior to proceeding with any such Remedial Actions, provided, that in the case of a sudden release of any Hazardous Substances, the Developer may take all reasonable actions necessary to stabilize and contain the release without prior submission of such cost estimates.

Pre-Existing Hazardous Substances. and Third-Party Hazardous Substances‌ (a) The DepartmentUnder the CA the Department is to reimburse, to the extent permitted by Law, will pay the Developer Concessionaire for the DeveloperConcessionaire’s Allocable Costs for Remedial Actions with respect to any Unknown Pre-Existing Hazardous Substances and Third-Party Hazardous Substances, the presence of either of which constitutes a Hazardous Environmental Condition. The DB Contractor shall prepare all necessary documentation seeking such reimbursement for submittal by the Concessionaire to the Department, and the Concessionaire shall pay over to the DB Contractor the reimbursed amounts to the extent received by the Concessionaire. To the extent the Developer DB Contractor recovers costs from any available reimbursement program or third parties with respect to Unknown Pre- Pre-Existing Hazardous Substances or Third-Party Hazardous Substances, the Developer DB Contractor will pay such costs amounts to the DepartmentConcessionaire, less the Allocable Costs actual costs incurred by the Developer DB Contractor in seeking recovery in accordance with Section 16.01(e). The Developer ) and the Concessionaire will furnish under the CA pay over to the Department such amounts. The DB Contractor shall prepare all necessary documentation for submittal by the Concessionaire to the Department supporting the amount recovered from any reimbursement program or third parties and the Allocable Costs actual costs incurred by the Developer DB Contractor in pursuing such recovery. (b) The DepartmentUnder the CA the Department is to assume, to the extent permitted by lawLaw, will assume responsibility for third-third party claims against the Developer or any Developer Party Concessionaire for personal injury, damages or harm to property or business due to any Pre-Existing Hazardous Substances, the presence of which constitutes a sudden release of Hazardous Substances by a Person other than the Developer that first occurs on the GP Lanes and concurrently or immediately thereafter is found to be present on the Express LanesEnvironmental Condition, and all related penalties, fines and administrative or civil sanctions arising out of or related to such sudden release of Pre-Existing Hazardous Substances, ; except to the extent such claims are due to the negligence, recklessness, illegal conduct or willful misconduct of a Concessionaire Party. The DB Contractor shall be entitled to benefit from any responsibility so assumed by the Developer or any Developer PartyDepartment. (c) At all times during the TermOther than in accordance with Section 16.01(c), the Developer DB Contractor will provide cost estimates with respect to such Remedial Actions which may be paid reimbursed to the Concessionaire by the DepartmentDepartment under the CA, to the Concessionaire for the Department’s review and approval of such costs prior to proceeding with any such Remedial Actions, provided, . If the Concessionaire has not advised the DB Contractor that the Department has responded to the Concessionaire’s request for such approval pursuant to Section 16.02(c) of the CA within 21 Days after the Department’s acknowledgement of receipt (or in the case of an emergency a sudden release of any Hazardous Substancesreasonably appropriate shorter period), the Developer may take all reasonable actions necessary request will be deemed to stabilize and contain be approved, except to the release without prior submission of such cost estimatesextent matters deviate from applicable Technical Requirements or Law.

Pre-Existing Hazardous Substances. and Third-Party Hazardous Substances‌ (a) The DepartmentDepartment will pay, to the extent permitted by Law, will pay the Developer Concessionaire for the DeveloperConcessionaire’s Allocable Costs for Remedial Actions with respect to any Unknown Pre-Pre- Existing Hazardous Substances and Third-Party Hazardous Substances, the presence of either of which constitutes a Hazardous Environmental Condition. To the extent the Developer Concessionaire recovers costs from any available reimbursement program or third parties with respect to Unknown Pre- Pre-Existing Hazardous Substances or Third-Party Hazardous Substances, the Developer Concessionaire will pay such costs to the Department, less the Allocable Costs incurred by the Developer Concessionaire in seeking recovery in accordance with Section 16.01(e). The Developer Concessionaire will furnish to the Department documentation supporting the amount recovered from any reimbursement program or third parties and the Allocable Costs incurred by the Developer Concessionaire in pursuing such recovery. (b) The DepartmentDepartment will assume, to the extent permitted by lawLaw, will assume responsibility for third-third party claims against the Developer Concessionaire or any Developer Concessionaire Party for personal injury, damages or harm to property or business due to a sudden release of any Pre-Existing Hazardous Substances by and Third-Party Hazardous Substances, the presence of either of which constitutes a Person other than the Developer that first occurs on the GP Lanes and concurrently or immediately thereafter is found to be present on the Express LanesHazardous Environmental Condition, and all related penalties, fines and administrative or civil sanctions arising out of or related to such sudden release of Pre-Existing Hazardous Substances and Third-Party Hazardous Substances, ; except to the extent such claims are due to the negligence, recklessness, illegal conduct or willful misconduct of the Developer or any Developer a Concessionaire Party. (c) At all times during the Term, the Developer Concessionaire will provide cost estimates with respect to such Remedial Actions which may be paid by the Department, for the Department’s review and approval of such costs prior to proceeding with any such Remedial Actions, provided, that in the case of a sudden release of any Hazardous Substances, the Developer Concessionaire may take all reasonable actions necessary to stabilize and contain the release without prior submission of such cost estimates.. If the Department has not responded to a request for such approval pursuant to this Section 16.02(c) within 21 Days after the Department’s acknowledgement of receipt (or in the case of an emergency a reasonably appropriate shorter period), the request will be deemed to be approved, except to the extent matters deviate from applicable Technical Requirements, or Law. 129 DMEAST #27287336 v26

Pre-Existing Hazardous Substances. and Third-Party Hazardous Substances‌ (a) The DepartmentDepartment will reimburse, to the extent permitted by Law, will pay the Developer Concessionaire for the DeveloperConcessionaire’s Allocable Costs for Remedial Actions with respect to any Unknown Pre-Existing Hazardous Substances and Third-Party Hazardous Substances, the presence of either of which constitutes a Hazardous Environmental Condition,. To the extent the Developer Concessionaire recovers costs from any available reimbursement program or third parties with respect to Unknown Pre- Pre-Existing Hazardous Substances or Third-Party Hazardous Substances, the Developer Concessionaire will pay such costs to the Department, less the Allocable Costs incurred by the Developer Concessionaire in seeking recovery in accordance with Section 16.01(e). The Developer Concessionaire will furnish to the Department documentation supporting the amount recovered from any reimbursement program or third parties and the Allocable Costs incurred by the Developer Concessionaire in pursuing such recovery. (b) The DepartmentDepartment will assume, to the extent permitted by lawLaw, will assume responsibility for third-party claims against the Developer or any Developer Party Concessionaire for personal injury, damages or harm to property or business due to any Pre-Existing Hazardous Substances, the presence of which constitutes a sudden release of Hazardous Substances by a Person other than the Developer that first occurs on the GP Lanes and concurrently or immediately thereafter is found to be present on the Express LanesEnvironmental Condition, and all related penalties, fines and administrative or civil sanctions arising out of or related to such sudden release of Pre-Existing Hazardous Substances, ; except to the extent such claims are due to the negligence, recklessness, illegal conduct or willful misconduct of the Developer or any Developer a Concessionaire Party.. EXECUTION VERSION – DECEMBER 5, 2011 (c) At all times during the Term, the Developer Concessionaire will provide cost estimates with respect to such Remedial Actions which may be paid reimbursed by the Department, for the Department’s review and approval of such costs prior to proceeding with any such Remedial Actions, provided, that subject to Section 16.01(c). If the Department has not responded to a request for such approval pursuant to this Section 16.02(c) within 21 Days after the Department’s acknowledgement of receipt (or in the case of an emergency a sudden release of any Hazardous Substancesreasonably appropriate shorter period), the Developer may take all reasonable actions necessary request will be deemed to stabilize and contain be approved, except to the release without prior submission of such cost estimatesextent matters deviate from applicable Technical Requirements or Law.