Responsibility for Contamination Clause Samples

Responsibility for Contamination. (a) If MDOT or Project Company: (i) receives Notice from a Governmental Entity or any third party that Contamination in over, under or emanating from the Premises requires a response action or other action in order to comply with Applicable Law; or (ii) discovers or becomes aware of any Contamination in, over, under or emanating from the Premises (whether or not Project Company has caused or contributed to that Contamination), Project Company or MDOT, as applicable, must provide Notice to the other Party as soon as possible but nevertheless within 5 Business Days after the earlier of receipt of the Notice or discovery of such Contamination (as applicable). (b) Upon receipt of Project Company’s Notice under Section 10.5(a): (i) MDOT will be responsible for notifying the necessary regulatory agencies and other necessary parties; (ii) Project Company must be prepared to stop work, at the direction of MDOT or any authorized Governmental Entity, at the contaminated area after discovering the Contamination; and (iii) the MDOT Representative may direct Project Company to remediate any Contamination in, over, under or emanating from the Premises. (c) In performing the Project Operations, Project Company must: (i) not exacerbate any Pre-Existing Contamination or any other Contamination which becomes known by Project Company through physical observation (including any such observation made during excavations) or through Notice by MDOT or any other Person; (ii) not excavate Contamination without the approval of MDOT, nor shall any Contamination be excavated unless MDOT is present; (iii) minimize the excavation of Contamination to the greatest extent possible and shall take measures to ensure Contamination are not mixed with non- contaminated materials; (iv) ensure that the Project Operations (including Utility Work) does not cause a change in the groundwater flow in the area of the Project. In any Utility or excavated trench where groundwater contamination is present, backfill materials shall not be more conducive to the transfer or flow of groundwater; and (v) install bentonite plugs meeting the requirements of the MDOT Special Provision for Bentonite Plugs. (d) Without contradiction of any assertion by MDOT of third party liability Project Company is not required to execute any hazardous waste manifests as a “generator”. (e) Where the handling, remediation, transporting or disposing of Contamination under Section 10.5(b)(iii) constitutes a Contamination Relief Even...