Common use of Remedial Action Obligations Clause in Contracts

Remedial Action Obligations. The right of one Party to step in to carry out remedial action obligations of the other Party are as follows: (a) If, within a reasonable time after discovery of Hazardous Materials or a Recognized Environmental Condition, taking into consideration the nature and extent of the contamination, the type and extent of remedial action required and the potential impact upon Developer’s schedule for use of and operations on the Project Right of Way, Developer has not undertaken remedial action required of it under Section 12.2.1, TxDOT may provide Developer with notice that it will undertake the remedial action itself. TxDOT thereafter may undertake action to remediate in compliance with a remediation plan approved by applicable Governmental Entities and in compliance with applicable Laws. Without limiting TxDOT’s role or responsibilities set forth in Section 12.2.4, Developer shall reimburse to TxDOT on a current basis the reasonable costs, including TxDOT’s Recoverable Costs, TxDOT incurs in carrying out such remediation plan. (b) If, within a reasonable time after discovery of Hazardous Materials or a Recognized Environmental Condition, taking into consideration the nature and extent of the contamination, the type and extent of remedial action required and the potential impact upon Developer’s schedule for use of and operations on the Project Right of Way, TxDOT has not undertaken remedial action required of it under Section 12.3.1, Developer may provide TxDOT with notice that it will undertake the remedial action itself. Developer thereafter may undertake action to remediate in compliance with a remediation plan approved by applicable Governmental Entities and in compliance with applicable Laws. TxDOT shall reimburse to Developer on a current basis the reasonable costs Developer incurs in carrying out such remediation plan. (c) Notwithstanding the foregoing, if either Party notifies the other that it desires to preserve claims against other potentially responsible parties, then the Party undertaking the remedial action shall take all commercially reasonable efforts to preserve such claims consistently with either the National Contingency Plan or comparable State regulations and standards; and a reasonable period of time for Developer or TxDOT, as the case may be, to perform the remedial work shall include a sufficient period for Developer or TxDOT, as the case may be, to comply with the National Contingency Plan or such comparable State regulations and standards.