Common use of Procedures for Hazardous Materials Management Clause in Contracts

Procedures for Hazardous Materials Management. 4.6.2.1 If during the course of the Maintenance Services, DB Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Contractor shall: (a) promptly notify TxDOT in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law, and notify such Governmental Entities as required by 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, 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 CMC Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. 4.6.2.2 Except where DB Contractor is required to take immediate action under the CMC 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 that would inhibit TxDOT’s ability to ascertain the nature and extent of the contamination. 4.6.2.3 DB Contractor’s rights to a Change Order with respect to costs directly attributable to performance of Hazardous Materials Management are set forth in Section 4.5.11.2.

Procedures for Hazardous Materials Management. 4.6.2.1 3.8.2.1. If during the course of the Maintenance Services, DB Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Contractor shall: (a) promptly notify TxDOT in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law, and notify such Governmental Entities as required by 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, 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 CMC COMA Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. 4.6.2.2 3.8.2.2. Except where DB Contractor is required to take immediate action under the CMC COMA 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 that which would inhibit TxDOT’s 's ability to ascertain the nature and extent of the contamination. 4.6.2.3 3.8.2.3. DB Contractor’s rights to a Change Order with respect to costs and/or delays directly attributable to performance of Hazardous Materials Management are set forth in Section 4.5.11.210.8.2.

Procedures for Hazardous Materials Management. 4.6.2.1 If 3.8.2.1 If, during the course of the Maintenance Services, DB Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Contractor shall: shall (a) promptly notify TxDOT in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law, and notify such Governmental Entities as required by applicable Law; , and (b) take reasonable steps, including design modifications and/or 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, 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 CMC CMA Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. 4.6.2.2 3.8.2.2 Except where DB Contractor is required to take immediate action under the CMC CMA 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 that would inhibit TxDOT’s ability to ascertain the nature and extent of the contamination. 4.6.2.3 3.8.2.3 DB Contractor’s rights to a Change Order with respect to costs and delays directly attributable to performance of Hazardous Materials Management are set forth in Section 4.5.11.210.8.2. Notwithstanding anything herein to the contrary, for any Hazardous Materials Management for which DB Contractor is not responsible under Section 3.8.1, DB Contractor shall only perform such Hazardous Materials Management pursuant to a Directive Letter or an executed Change Order issued by TxDOT in accordance with Section 10.

Procedures for Hazardous Materials Management. 4.6.2.1 3.8.2.1. If during the course of the Maintenance Services, DB Maintenance Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Maintenance Contractor shall: (a) promptly notify TxDOT in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law, and notify such Governmental Entities as required by 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, DB Maintenance 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 CMC COMA Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. 4.6.2.2 3.8.2.2. Except where DB Maintenance Contractor is required to take immediate action under the CMC COMA Documents or applicable Law, DB Maintenance Contractor shall afford TxDOT the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions before any action is taken that which would inhibit TxDOT’s 's ability to ascertain the nature and extent of the contamination. 4.6.2.3 DB 3.8.2.3. Maintenance Contractor’s rights to a Change Order with respect to costs and/or delays directly attributable to performance of Hazardous Materials Management are set forth in Section 4.5.11.210.8.2.

Procedures for Hazardous Materials Management. 4.6.2.1 If during the course of the Maintenance Services, DB Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Contractor shall: (a) promptly notify TxDOT in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law, and notify such Governmental Entities as required by 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, 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 CMC Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. 4.6.2.2 Except where DB Contractor is required to take immediate action under the CMC Documents or applicable Law, DB Contractor shall afford TxDOT the opportunity to inspect sites containing DocuSign Envelope ID: 8320AD6C-99DF-41FA-9908-4E441F89A70B Hazardous Materials or Recognized Environmental Conditions before any action is taken that would inhibit TxDOT’s ability to ascertain the nature and extent of the contamination. 4.6.2.3 DB Contractor’s rights to a Change Order with respect to costs directly attributable to performance of Hazardous Materials Management are set forth in Section 4.5.11.2.

Procedures for Hazardous Materials Management. 4.6.2.1 If during the course of the Maintenance Services, DB Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Contractor shall: (a) promptly notify TxDOT in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law, and notify such Governmental Entities as required by 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, 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 CMC Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. 4.6.2.2 Except where DB Contractor is required to take immediate action under the CMC Documents or applicable Law, DB Contractor shall afford TxDOT the opportunity to inspect sites containing DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8 Hazardous Materials or Recognized Environmental Conditions before any action is taken that would inhibit TxDOT’s ability to ascertain the nature and extent of the contamination. 4.6.2.3 DB Contractor’s rights to a Change Order with respect to costs directly attributable to performance of Hazardous Materials Management are set forth in Section 4.5.11.2.

Procedures for Hazardous Materials Management. 4.6.2.1 If 3.8.2.1 If, during the course of the Maintenance Services, DB Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Contractor shall: shall (a) promptly notify TxDOT in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law, and notify such Governmental Entities as required by applicable Law; , and (b) take reasonable steps, including design modifications and/or 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, DB Contractor shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by TxDOT. Texas Department of Transportation - 16 - Execution Version I-635 LBJ East Project Capital Maintenance Agreement Wherever feasible and consistent with the CMC CMA Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. 4.6.2.2 3.8.2.2 Except where DB Contractor is required to take immediate action under the CMC CMA 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 that would inhibit TxDOT’s ability to ascertain the nature and extent of the contamination. 4.6.2.3 3.8.2.3 DB Contractor’s rights to a Change Order with respect to costs and delays directly attributable to performance of Hazardous Materials Management are set forth in Section 4.5.11.210.8.