Common use of Procedures and Compensation for Hazardous Materials Management Clause in Contracts

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

Procedures and Compensation for Hazardous Materials Management. (a) Subject to Section 3.14.1(c3.15.1(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 3.15 and Section 12, Developer shall be entitled to a Change Order as set forth in SectionSection 12.8.4 with respect to additional costs or delays directly attributable to the discovery of (i) Hazardous Materials other than Developer Releases of Hazardous Materials, within the Draft Schematic ROW or on any parcels added to the Site by a TxDOT-Directed Change or required due to a Force Majeure Event or a Necessary Basic Configuration Change, and (ii) Hazardous Materials falling within the definition of Force Majeure Event.

Procedures and Compensation for Hazardous Materials Management. (a) 6.9.1.1 Subject to Section 3.14.1(c)6.9.1.3, Developer 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, Developer 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, Developer DB Contractor shall: : (ia) promptly notify TxDOT and appropriate Governmental Entities in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law and notify such Governmental entities as required under applicable Law; and (iib) take reasonable steps, including design modifications or 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 Developer DB Contractor in writing of such fact. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Developer 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. (b) 6.9.1.2 Except where Developer DB Contractor is required to take immediate action under the Contract Documents or applicable Law, Developer 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 's ability to ascertain the nature and extent of the contamination. (c) 6.9.1.3 Subject to the limitations and exceptions set forth in this Section 3.14 6.9 and Section 1213, Developer DB Contractor shall be entitled to a Change Order as set forth in SectionSection 13.8.4 with respect to additional costs and/or delays directly attributable to the discovery of (a) Pre-existing Hazardous Materials within the Preliminary ROW, (b) Hazardous Materials other than DB Contractor Releases of Hazardous Materials on any parcels added to the Site by a TxDOT-Directed Change or required due to a Force Majeure Event or Necessary Basic Configuration Change, and (c) Hazardous Materials falling within the definition for Force Majeure Event.

Procedures and Compensation for Hazardous Materials Management. (a) 6.9.1.1. Subject to Section 3.14.1(c)6.9.1.3, Developer 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 DBA Documents. If during the course of the Work, Developer 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 DBA Documents, Developer DB Contractor shall: : (ia) promptly notify TxDOT and appropriate Governmental Entities in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law, and notify such Governmental Entities as required under applicable Law; and (iib) take reasonable steps, including design modifications or 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 Developer DB Contractor in writing of such fact. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Developer 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 DBA Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. (b) 6.9.1.2. Except where Developer DB Contractor is required to take immediate action under the Contract DBA Documents or applicable Law, Developer 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 's ability to ascertain the nature and extent of the contamination. (c) 6.9.1.3. Subject to the limitations and exceptions set forth in this Section 3.14 6.9 and Section 1213, Developer DB Contractor shall be entitled to a Change Order as set forth in SectionSection 13.8.4 with respect to additional costs and/or delays directly attributable to the discovery of (a) Hazardous Materials other than DB Contractor Releases of Hazardous Materials and Hazardous Materials relating to or arising out of any DB Contractor ATC, within the Schematic ROW or on any parcels added to the Site by a TxDOT-Directed Change or required due to a Force Majeure Event or Necessary Basic Configuration Change and (b) Hazardous Materials falling within the definition of Force Majeure Event.

Procedures and Compensation for Hazardous Materials Management. (a) 6.9.1.1 Subject to Section 3.14.1(c)6.9.1.3, Developer 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, Developer 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, Developer DB Contractor shall: : (ia) promptly notify TxDOT and appropriate Governmental Entities in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law and notify such Governmental Entities as required under applicable Law; and (iib) take reasonable steps, including design modifications or 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 Developer DB Contractor in writing of such fact. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Developer 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. (b) 6.9.1.2 Except where Developer DB Contractor is required to take immediate action under the Contract Documents or applicable Law, Developer DB Contractor shall afford TxDOT the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions before any action is taken which that would inhibit TxDOT’s 's ability to ascertain the nature and extent of the contamination. (c) 6.9.1.3 Subject to the limitations and exceptions set forth in this Section 3.14 6.9 and Section 1213, Developer DB Contractor shall be entitled to a Change Order as set forth in SectionSection 13.8.4 with respect to additional costs and/or delays directly attributable to the discovery of (a) Pre-existing Hazardous Materials within the Preliminary ROW, (b) Hazardous Materials other than DB Contractor Releases of Hazardous Materials on any parcels added to the Site by a TxDOT-Directed Change or required due to a Force Majeure Event or Necessary Basic Configuration Change, and (c) Hazardous Materials falling within the definition for Force Majeure Event.

Procedures and Compensation for Hazardous Materials Management. (a) 6.9.1.1 Subject to Section 3.14.1(c)6.9.1.3, Developer 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, Developer 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, Developer shall: DB Contractor shall (ia) promptly notify TxDOT and appropriate Governmental Entities in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law; Law and notify such Governmental Entities as required under applicable Law and (iib) 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 DB Contractor in writing of such fact. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Developer 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. (b) 6.9.1.2 Except where Developer DB Contractor is required to take immediate action under the Contract Documents or applicable Law, Developer DB Contractor shall afford TxDOT the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions before any action is taken which that would inhibit TxDOT’s ability to ascertain the nature and extent of the contamination. (c) 6.9.1.3 Subject to the limitations and exceptions set forth in this Section 3.14 6.9 and Section 1213, Developer DB Contractor shall be entitled to a Change Order as set forth in SectionSection 13.8.4 with respect to additional costs and delays directly attributable to the discovery of (a) Pre-existing Hazardous Materials within the Schematic ROW, (b) Hazardous Materials other than DB Contractor Releases of Hazardous Materials on any parcels added to the Site by a TxDOT-Directed Change or required due to a Force Majeure Event or Necessary Basic Configuration Change, and (c) Hazardous Materials falling within the definition of Force Majeure Event.

Procedures and Compensation for Hazardous Materials Management. (a) 6.6.1.1. Subject to Section 3.14.1(c)6.6.1.3, Developer 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 DBA Documents. If during the course of the Work, Developer 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 DBA Documents, Developer DB Contractor shall: (ia) promptly notify TxDOT and appropriate Governmental Entities in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law; and (iib) take reasonable steps, including design modifications or 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 Developer DB Contractor in writing of such fact. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Developer 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 DBA Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. (b) 6.6.1.2. Except where Developer DB Contractor is required to take immediate action under the Contract DBA Documents or applicable Law, Developer 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 's ability to ascertain the nature and extent of the contamination. (c) 6.6.1.3. Subject to the limitations and exceptions set forth in this Section 3.14 6.6 and Section 1213, Developer DB Contractor shall be entitled to a Change Order as set forth in SectionSection 13.7.4 with respect to additional costs and/or delays directly attributable to the discovery of (a) Unknown Hazardous Materials within the Schematic ROW or any parcels added to the Site by a TxDOT- Directed Change or required due to a Force Majeure Event or Necessary Basic Configuration Change or (b) Hazardous Materials falling within the definition of Force Majeure Event.

Procedures and Compensation for Hazardous Materials Management. (a) 6.9.1.1 Subject to Section 3.14.1(c)6.9.1.3, Developer 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, Developer 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, Developer DB Contractor shall: : (ia) promptly notify TxDOT and appropriate Governmental Entities in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law and notify such Governmental Entities as required under applicable Law; and (iib) take reasonable steps, including design modifications or 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 Developer DB Contractor in writing of such fact. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Developer 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. (b) 6.9.1.2 Except where Developer DB Contractor is required to take immediate action under the Contract Documents or applicable Law, Developer 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 's ability to ascertain the nature and extent of the contamination. (c) 6.9.1.3 Subject to the limitations and exceptions set forth in this Section 3.14 6.9 and Section 1213, Developer DB Contractor shall be entitled to a Change Order as set forth in SectionSection 13.8.4 with respect to additional costs and/or delays directly attributable to the discovery of (a) Pre-existing Hazardous Materials within the Preliminary ROW, (b) Hazardous Materials other than DB Contractor Releases of Hazardous Materials on any parcels added to the Site by a TxDOT-Directed Change or required due to a Force Majeure Event or Necessary Basic Configuration Change, and (c) Hazardous Materials falling within the definition for Force Majeure Event.

Procedures and Compensation for Hazardous Materials Management. (a) 6.8.1.1. Subject to Section 3.14.1(c)6.8.1.3, Developer 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, Developer 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, Developer DB Contractor shall: : (ia) promptly notify TxDOT and appropriate Governmental Entities in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law; and (iib) take reasonable steps, including design modifications or 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 Developer DB Contractor in writing of such fact. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Developer 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. (b) 6.8.1.2. Except where Developer DB Contractor is required to take immediate action under the Contract Documents or applicable Law, Developer 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 's ability to ascertain the nature and extent of the contamination. (c) 6.8.1.3. Subject to the limitations and exceptions set forth in this Section 3.14 6.8 and Section 1213, Developer DB Contractor shall be entitled to a Change Order as set forth in Section (a) Unknown Hazardous Materials within the Schematic ROW or any parcels added to the Site by a TxDOT-Directed Change or required due to a Force Majeure Event and (b) Hazardous Materials falling within the definition of Force Majeure Event.

Procedures and Compensation for Hazardous Materials Management. (a) 6.10.1.1 Subject to Section 3.14.1(c)6.10.1.3, Developer Design-Build Contractor shall manage, treat, handle, store, remediate, remove, transport (where applicable) ), document and dispose of all Hazardous Materials and Recognized Environmental Conditions, including contaminated groundwaterContaminated Groundwater, and perform all other aspects of Hazardous Materials Management as appropriate, in accordance with applicable LawGovernmental Rules, Governmental Approvals, the Hazardous Materials Management Plan, and all applicable provisions of the Contract PPA Documents. If during the course of the Work, Developer Design-Build Contractor encounters material quantities of Hazardous Materials or a Recognized Environmental Condition Conditions in connection with the Project, Project ROW Site, or Work, Design-Build Contractor shall promptly (a) notify IFA 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 writing and advise TxDOT IFA of any obligation to notify any Governmental Entities under applicable LawGovernmental Rules and Governmental Approvals; and (iib) develop a plan to undertake Hazardous Materials Management, which plan shall take reasonable steps, including design modifications or and/or construction techniques, to avoid excavation excavation, dewatering or dewatering other active, intrusive management 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 where Hazardous Materials or Recognized Environmental Conditions are encountered. For purposes of this Section 6.10, the term “material quantities” means quantities that trigger any reporting, investigation, remediation or other response action requirements under any Environmental Law. Where excavation, dewatering or other active, intrusive management is unavoidable, Developer Design-Build Contractor shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by TxDOTIFA. Wherever feasible All Hazardous Material Management shall be conducted in accordance with applicable Governmental Rules, Governmental Approvals, the approved plans required to be provided under Section 1.3 of the Technical Provisions and consistent with the Contract Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-siteapproved Safety Plan. (b) 6.10.1.2 Except where Developer Design-Build Contractor is required to take immediate action under the Contract PPA Documents or applicable LawGovernmental Rules, Developer Design- Build Contractor shall afford TxDOT IFA the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions and to consult with Design-Build Contractor about the recommended approach before any Hazardous Materials Management or other action is taken which would inhibit TxDOT’s IFA's ability to ascertain the nature and extent of the contamination. (c) 6.10.1.3 Subject to the limitations and exceptions set forth in Section 5.3, this Section 3.14 6.10.1 and Section 1213, Developer Design-Build Contractor shall be entitled to a Change Order as set forth in SectionSection 13 with respect to additional costs and/or delays directly attributable to the discovery of (a) Unknown Hazardous Materials within the Planned ROW Limits and (b) Hazardous Materials other than Design-Build Contractor Releases of Hazardous Materials on any parcels added to the Project ROW by an IFA-Directed Change or required due to a Force Majeure Event or Necessary Basic Configuration Change. The amount of additional compensation or extension of time in any Change Order allowed hereunder shall be determined in accordance with Section 13.9.4. Entitlement to compensation or a time extension shall be limited to costs of Work performed pursuant to this Section 6.10 and Section 104.06 of the Standard Specifications. 6.10.1.4 No compensation or time extension shall be allowed with respect to: (a) Removal, disposal and/or remediation of (i) asbestos or asbestos- containing materials (other than mineral asbestos naturally occurring in the ground) on or in the Site, removed in accordance with Section 5.0 of the Technical Provisions and the approved Environmental Quality Management Plan, or (ii) any other Hazardous Materials not falling within the definition of Hazardous Waste that are encountered during or in connection with the demolition of buildings, fixtures or other improvements on any parcels within the Site. (b) Known or Suspected Hazardous Materials; (c) Release(s) of Hazardous Materials or threatened Release(s) of Hazardous Materials for which Design-Build Contractor is responsible under Section 18.1.1(g); (d) Less than ”material quantities” as defined of Hazardous Materials; (e) Any Hazardous Materials that could have been avoided by reasonable design modifications or construction techniques; or (f) Any Hazardous Materials on property outside of IFA-Provided Property, except that compensation will be allowed for environmental remediation work on such property to the extent that it is integrally intertwined with Hazardous Materials Management work required within IFA-Provided Property. 6.10.1.5 To the extent that any proceeds of insurance are available to pay the cost of any Hazardous Materials Management, Design-Build Contractor shall rely on insurance to provide compensation, in lieu of requesting a Change Order.

Procedures and Compensation for Hazardous Materials Management. (a) 6.9.1.1 Subject to Section 3.14.1(c)6.9.1.3, 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: : (ia) promptly notify TxDOT and appropriate Governmental Entities in writing and advise TxDOT of any obligation to and shall notify Governmental Entities under applicable Law; and (iib) take reasonable steps, including design modifications or 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 Developer in writing 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) 6.9.1.2 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 's ability to ascertain the nature and extent of the contamination. (c) 6.9.1.3 Subject to the limitations and exceptions set forth in this Section 3.14 6.9 and Section 1213, Developer shall be entitled to a Change Order as set forth in SectionSection 13.8.4 with respect to additional costs and/or delays directly attributable to the discovery of (a) Hazardous Materials other than Developer Releases of Hazardous Materials (except any Hazardous Materials relating to or arising out of any Developer ATC) (i) within the Schematic ROW, (ii) on the Rescue Mission Parcel, (iii) on the New Rail Alignment Property, or (iv) on any parcels added to the Site by a TxDOT-Directed Change or required due to a Force Majeure Event or Necessary Basic Configuration Change, and (b) Hazardous Materials falling within the definition of Force Majeure Event.

Procedures and Compensation for Hazardous Materials Management. (a) 6.9.1.1. Subject to Section 3.14.1(c)6.9.1.3, Developer 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, Developer 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, Developer DB Contractor shall: : (ia) promptly notify TxDOT and appropriate Governmental Entities in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law; and (iib) take reasonable steps, including design modifications or 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 XxXXX discovers Hazardous Materials or a Recognized Environmental Condition in connection with the Project, Project ROW or Work, TxDOT shall promptly notify Developer DB Contractor in writing of such fact. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Developer 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. (b) 6.9.1.2. Except where Developer DB Contractor is required to take immediate action under the Contract Documents or applicable Law, Developer 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. (c) 6.9.1.3. Subject to the limitations and exceptions set forth in this Section 3.14 6.9 and Section 1213, Developer DB Contractor shall be entitled to a Change Order as set forth in SectionSection 13.8.4 with respect to additional costs and/or delays directly attributable to the discovery of (a) Hazardous Materials, other than DB Contractor Releases of Hazardous Materials, within the Schematic ROW or on any parcels added to the Site by a TxDOT-Directed Change or required due to a Force Majeure Event or Necessary Basic Configuration Change or (b) Hazardous Materials falling within the definition of Force Majeure Event.

Procedures and Compensation for Hazardous Materials Management. (a) 6.10.1.1 Subject to Section 3.14.1(c)6.10.1.3, Developer Design-Build Contractor shall manage, treat, handle, store, remediate, remove, transport (where applicable) ), document and dispose of all Hazardous Materials and Recognized Environmental Conditions, including contaminated groundwaterContaminated Groundwater, and perform all other aspects of Hazardous Materials Management as appropriate, in accordance with applicable LawGovernmental Rules, Governmental Approvals, the Hazardous Materials Management Plan, and all applicable provisions of the Contract PPA Documents. If during the course of the Work, Developer Design-Build Contractor encounters material quantities of Hazardous Materials or a Recognized Environmental Condition Conditions in connection with the Project, Project ROW Site, or Work, Design-Build Contractor shall promptly (a) notify IFA 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 writing and advise TxDOT IFA of any obligation to notify any Governmental Entities under applicable LawGovernmental Rules and Governmental Approvals; and (iib) develop a plan to undertake Hazardous Materials Management, which plan shall take reasonable steps, including design modifications or and/or construction techniques, to avoid excavation excavation, dewatering or dewatering other active, intrusive management 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 where Hazardous Materials or Recognized Environmental Conditions are encountered. For purposes of this Section 6.10, the term “material quantities” means quantities that trigger any reporting, investigation, remediation or other response action requirements under any Environmental Law. Where excavation, dewatering or other active, intrusive management is unavoidable, Developer Design-Build Contractor shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by TxDOTIFA. Wherever feasible All Hazardous Material Management shall be conducted in accordance with applicable Governmental Rules, Governmental Approvals, the approved plans required to be provided under Section 1.3 of the Technical Provisions and consistent with the Contract Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-siteapproved Safety Plan. (b) 6.10.1.2 Except where Developer Design-Build Contractor is required to take immediate action under the Contract PPA Documents or applicable LawGovernmental Rules, Developer Design- Build Contractor shall afford TxDOT IFA the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions and to consult with Design-Build Contractor about the recommended approach before any Hazardous Materials Management or other action is taken which would inhibit TxDOT’s IFA's ability to ascertain the nature and extent of the contamination. (c) 6.10.1.3 Subject to the limitations and exceptions set forth in Section 5.3, this Section 3.14 6.10.1 and Section 1213, Developer Design-Build Contractor shall be entitled to a Change Order as set forth in SectionSection 13 with respect to additional costs and/or delays directly attributable to the discovery of (a) Unknown Hazardous Materials within the Planned ROW Limits and (b) Hazardous Materials other than Design-Build Contractor Releases of Hazardous Materials on any parcels added to the Project ROW by an IFA-Directed Change or required due to a Force Majeure Event or Necessary Basic Configuration Change. The amount of additional compensation or extension of time in any Change Order allowed hereunder shall be determined in accordance with Section 13.9.4. Entitlement to compensation or a time extension shall be limited to costs of Work performed pursuant to this Section 6.10 and Section 104.06 of the Standard Specifications. 6.10.1.4 No compensation or time extension shall be allowed with respect to: (a) Removal, disposal and/or remediation of (i) asbestos or asbestos- containing materials (other than mineral asbestos naturally occurring in the ground) on or in the Site, removed in accordance with Section 5.0 of the Technical Provisions and the approved Environmental Quality Management Plan, or (ii) any other Hazardous Materials not falling within the definition of Hazardous Waste that are encountered during or in connection with the demolition of buildings, fixtures or other improvements on any parcels within the Site. (b) Known or Suspected Hazardous Materials; (c) Release(s) of Hazardous Materials or threatened Release(s) of Hazardous Materials for which Design-Build Contractor is responsible under Section 18.1.1(g); (d) Less than ”material quantities” as defined of Hazardous Materials; (e) Any Hazardous Materials that could have been avoided by reasonable design modifications or construction techniques; or (f) Any Hazardous Materials on property outside of IFA-Provided Property, except that compensation will be allowed for environmental remediation work on such property to the extent that it is integrally intertwined with Hazardous Materials Management work required within IFA-Provided Property. 6.10.1.5 To the extent that any proceeds of insurance are available to pay the cost of any Hazardous Materials Management, Design-Build Contractor shall rely on insurance to provide compensation, in lieu of requesting a Change Order.‌

Procedures and Compensation for Hazardous Materials Management. (a) 6.6.1.1. Subject to Section 3.14.1(c)6.6.1.3, Developer 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 DBC Documents. If during the course of the Work, Developer 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 Work 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 DBC Documents, Developer DB Contractor shall: : (ia) promptly notify TxDOT and appropriate Governmental Entities in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law; and (iib) take reasonable steps, including design modifications or 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 Developer DB Contractor in writing of such fact. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Developer 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 DBC Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. (b) 6.6.1.2. Except where Developer DB Contractor is required to take immediate action under the Contract DBC Documents or applicable Law, Developer 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 's ability to ascertain the nature and extent of the contamination. (c) 6.6.1.3. Subject to the limitations and exceptions set forth in this Section 3.14 6.6 and Section 1213, Developer DB Contractor shall be entitled to a Change Order as set forth in SectionSection 13.7.4 with respect to additional costs and/or delays directly attributable to the discovery of (a) Unknown Hazardous Materials within the Final Design ROW or any parcels added to the Site by a TxDOT- Directed Change or required due to a Force Majeure Event and (b) Hazardous Materials falling within the definition of Force Majeure Event.

Procedures and Compensation for Hazardous Materials Management. (a) 6.9.1.1. Subject to Section 3.14.1(c)6.9.1.3, Developer 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, Developer 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, Developer DB Contractor shall: : (ia) promptly notify TxDOT and appropriate Governmental Entities in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law; and (iib) take reasonable steps, including design modifications or 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 XxXXX discovers Hazardous Materials or a Recognized Environmental Condition in connection with the Project, Project ROW or Work, TxDOT shall promptly notify Developer DB Contractor in writing of such fact. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Developer 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. (b) 6.9.1.2. Except where Developer DB Contractor is required to take immediate action under the Contract Documents or applicable Law, Developer 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. (c) 6.9.1.3. Subject to the limitations and exceptions set forth in this Section 3.14 6.9 and Section 1213, Developer DB Contractor shall be entitled to a Change Order as set forth in SectionSection 13.8.4 with respect to additional costs and/or delays directly attributable to the discovery of (a) Hazardous Materials, other than DB Contractor Releases of Hazardous Materials, within the Schematic ROW or on any parcels added to the Site by a TxDOT-Directed Change or required due to a Force Majeure Event or Necessary Basic Configuration Change or (b) Hazardous Materials falling within the definition of Force Majeure Event.

Procedures and Compensation for Hazardous Materials Management. (a) 6.9.1.1 Subject to Section 3.14.1(c)6.9.1.3, Developer 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, Developer 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, Developer DB Contractor shall: : (ia) promptly notify TxDOT and appropriate Governmental Entities in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law and notify such Governmental entities as required under applicable Law; and (iib) take reasonable steps, including design modifications or 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 XxXXX discovers Hazardous Materials or a Recognized Environmental Condition in connection with the Project, Project ROW or Work, TxDOT shall promptly notify Developer DB Contractor in writing of such fact. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Developer 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. (b) 6.9.1.2 Except where Developer DB Contractor is required to take immediate action under the Contract Documents or applicable Law, Developer 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 's ability to ascertain the nature and extent of the contamination. (c) 6.9.1.3 Subject to the limitations and exceptions set forth in this Section 3.14 6.9 and Section 1213, Developer DB Contractor shall be entitled to a Change Order as set forth in SectionSection 13.8.4 with respect to additional costs and/or delays directly attributable to the discovery of (a) Pre-existing Hazardous Materials within the Preliminary ROW, (b) Hazardous Materials other than DB Contractor Releases of Hazardous Materials on any parcels added to the Site by a TxDOT-Directed Change or required due to a Force Majeure Event or Necessary Basic Configuration Change, and (c) Hazardous Materials falling within the definition for Force Majeure Event.

Procedures and Compensation for Hazardous Materials Management. (a) 6.9.1.1. Subject to Section 3.14.1(c)6.9.1.3, Developer 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, Developer 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, Developer DB Contractor shall: : (ia) promptly notify TxDOT and appropriate Governmental Entities in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law; and (iib) take reasonable steps, including design modifications or 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 Developer DB Contractor in writing of such fact. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Developer 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. (b) 6.9.1.2. Except where Developer DB Contractor is required to take immediate action under the Contract Documents or applicable Law, Developer 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. (c) 6.9.1.3. Subject to the limitations and exceptions set forth in this Section 3.14 6.9 and Section 1213, Developer DB Contractor shall be entitled to a Change Order as set forth in SectionSection 13.8.4 with respect to additional costs and/or delays directly attributable to the discovery of (a) Hazardous Materials, other than DB Contractor Releases of Hazardous Materials, within the Schematic ROW or on any parcels added to the Site by a TxDOT-Directed Change or required due to a Force Majeure Event or Necessary Basic Configuration Change or (b) Hazardous Materials falling within the definition of Force Majeure Event.

Procedures and Compensation for Hazardous Materials Management. (a) 6.9.1.1 Subject to Section 3.14.1(c)6.9.1.3, Developer 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, Developer 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, Developer DB Contractor shall: : (ia) promptly notify TxDOT and appropriate Governmental Entities in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law; and (iib) take reasonable steps, including design modifications or 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 Developer DB Contractor in writing of such fact. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Developer 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. (b) 6.9.1.2 Except where Developer DB Contractor is required to take immediate action under the Contract Documents or applicable Law, Developer 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 's ability to ascertain the nature and extent of the contamination. (c) 6.9.1.3 Subject to the limitations and exceptions set forth in this Section 3.14 6.9 and Section 1213, Developer DB Contractor shall be entitled to a Change Order as set forth in SectionSection 13.8.4 with respect to additional costs and/or delays directly attributable to the discovery of (a) Unknown Hazardous Materials within the Preliminary ROW, (b) Hazardous Materials other than DB Contractor Releases of Hazardous Materials on any parcels added to the Site by a TxDOT-Directed Change or required due to a Force Majeure Event or Necessary Change in Basic Configuration, and (c) Hazardous Materials falling within the definition for Force Majeure.