Procedures and Compensation for Hazardous Materials Management Sample Clauses

Procedures and Compensation for Hazardous Materials Management. (a) Subject to Section 3.14.1(c), Developer shall manage, treat, handle, store, remediate, remove, transport (where applicable) and dispose 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 Contract Documents. If during the course of the Work, Developer encounters Hazardous Materials or a Recognized Environmental Condition in connection with the Project, Project ROW or Work, in an amount, type, quality or location that would require reporting or notification 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 Contract Documents, Developer shall: (i) promptly notify TxDOT and appropriate Governmental Entities and advise TxDOT of any obligation to notify Governmental Entities under applicable Law; and (ii) take reasonable steps, including design modifications or construction techniques, to avoid excavation or dewatering in areas with Hazardous Materials or Recognized Environmental Conditions. If during the performance of the Work TxDOT discovers Hazardous Materials or a Recognized Environmental Condition in connection with the Project, Project ROW or Work, TxDOT shall promptly notify Developer of such fact. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Developer shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by TxDOT. Wherever feasible and consistent with the Contract Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. (b) Except where Developer is required to take immediate action under the Contract Documents or applicable Law, Developer shall afford TxDOT the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions before any action is taken which would inhibit TxDOT’s ability to ascertain the nature and extent of the contamination. (c) Subject to the limitations and exceptions set forth in this Section 3.14 and Section 12, Developer shall be entitled to a Change Order as set forth in Section
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Procedures and Compensation for Hazardous Materials Management. 6.9.1.1. Subject to Section 6.9.1.3, DB Contractor shall manage, treat, handle, store, remediate, remove, transport (where applicable) and dispose 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 Contract Documents. If during the course of the Work, DB Contractor encounters Hazardous Materials or a Recognized Environmental Condition in connection with the Project, Project ROW or Work, in an amount, type, quality or location that would require reporting or notification 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 Contract Documents, DB Contractor shall: (a) promptly notify TxDOT in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law; and (b) take reasonable steps, including design modifications and/or construction techniques, to avoid excavation or dewatering in areas with Hazardous Materials or Recognized Environmental Conditions. If during the performance of the Work TxDOT discovers Hazardous Materials or a Recognized Environmental Condition in connection with the Project, Project ROW or Work, TxDOT shall promptly notify DB Contractor in writing of such fact. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, DB Contractor shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by TxDOT. Wherever feasible and consistent with the Contract Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. 6.9.1.2. Except where DB Contractor is required to take immediate action under the Contract Documents or applicable Law, DB Contractor shall afford TxDOT the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions before any action is taken which would inhibit TxDOT's ability to ascertain the nature and extent of the contamination. 6.9.1.3. Subject to the limitations and exceptions set forth in this Section 6.9 and Section 13, DB Contractor shall be entitled to a Change Order as set forth in Section 1...
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Procedures and Compensation for Hazardous Materials Management. 6.3.1.1. If during the course of the Work, TSP encounters Hazardous Materials, TSP shall (a) promptly notify the Joint Board in writing and advise the Joint Board of any obligation to notify State, Commonwealth or federal agencies under applicable Law; and (b) take reasonable steps, including design modifications and/or construction techniques, to avoid excavation or dewatering in areas with Hazardous Materials. Where excavation or dewatering of Hazardous Materials is unavoidable, TSP shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by the Joint Board. Such approach shall be subject to the prior written approval of the Joint Board. 6.3.1.2. Except where required by applicable Law to take an immediate action, TSP shall afford the Joint Board the opportunity to inspect Project Sites containing Hazardous Materials before any action is taken which would inhibit the Joint Board's ability to ascertain the nature and extent of the contamination. 6.3.1.3. Subject to the limitations and exceptions set forth in this Section 6.3 and Section 13, TSP shall be entitled to a Change Order as set forth in Section 13 providing for additional compensation and/or a time extension with respect to costs and delays directly attributable to the discovery of Hazardous Materials within the ROW.
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Procedures and Compensation for Hazardous Materials Management. 6.3.1.1 If during the course of the Work, Integrator encounters Hazardous Materials or potential Recognized Environmental Conditions, Integrator shall (a) promptly notify TxDOT in writing and advise TxDOT of any obligation to notify State or federal agencies under applicable Law; and (b) take reasonable steps, including design modifications and/or construction techniques, to avoid excavation or dewatering in areas with Hazardous Materials or Recognized Environmental Conditions. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Integrator shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by TxDOT. Integrator’s plan for Hazardous Materials Management shall be subject to the prior written approval of TxDOT. Wherever feasible and consistent with applicable Law, contaminated soil and groundwater shall not be disposed off-site. All Hazardous Materials and potential Recognized Environmental Conditions shall be managed, handled, remediated, transported (where applicable) and disposed of in accordance with applicable Law, Governmental Approvals, the Hazardous Materials Management Plan, and the approved Project Site Investigation Report. 6.3.1.2 Except where required to take an immediate action required by applicable Law, Integrator shall afford TxDOT the opportunity to inspect sites containing Hazardous Materials or potential Recognized Environmental Conditions before any action is taken which would inhibit TxDOT's ability to ascertain the nature and extent of the contamination. 6.3.1.3 Subject to the limitations and exceptions set forth in this Section 6.3. and Section 13, Integrator shall be entitled to a Change Order as set forth in Section 13.9.3 providing for additional compensation and/or a time extension with respect to costs and delays directly attributable to the discovery of Hazardous Materials within applicable Schematic ROW or any parcels added to the applicable Project Site by a TxDOT-Directed Change or required due to a Force Majeure Event.
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Procedures and Compensation for Hazardous Materials Management 
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