Generator and Arranger Status Sample Clauses

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Generator and Arranger Status. As between Developer and TxDOT, Developer shall be considered the generator and arranger and assume generator and arranger responsibility solely for Hazardous Materials that are other than Pre-existing Hazardous Materials and TxDOT Release(s) of Hazardous Materials. For such Hazardous Materials, TxDOT will assist Developer in identifying potentially responsible parties, provided Developer reimburses TxDOT for reasonable costs, including TxDOT’s Recoverable Costs, incurred in providing such assistance. The foregoing shall not preclude or limit any rights or remedies that Developer may have against any Governmental Entity or any other third parties, including prior owners, lessees, licensees and occupants of any parcel of land that is or becomes part of the Project Right of Way, excluding, however, TxDOT and the Commission and their respective agents. To the extent permitted by applicable Law, Developer shall indemnify, save, protect and defend TxDOT from claims, causes of action and Losses arising out of or related to generator or arranger liability for such Hazardous Materials for which Developer is considered the generator and arranger pursuant to this Section. For the avoidance of doubt, the obligations of Developer set forth in this Section 12.2.6 shall not inure to the benefit of or be enforceable by third parties, or relieve any such third parties of their obligations or liability for any Hazardous Materials, contamination or recognized environmental conditions caused by such third parties.
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Generator and Arranger Status. ‌ (a) The Department will be deemed the generator and arranger of Pre-Existing Hazardous Substances and Third-Party Hazardous Substances, the presence of either of which constitutes a Hazardous Environmental Condition. The Department agrees to be identified as the generator and arranger of such Pre-Existing Hazardous Substances and Third-Party Hazardous Substances in waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Authority. (b) The Developer will be deemed the generator and arranger of Hazardous Substances introduced to the Project Right of Way by a Developer Party, the presence of which constitutes a Hazardous Environmental Condition within the Project Right of Way. The Developer agrees to be identified, or cause the applicable Developer Party to be identified, as the generator and arranger of such Hazardous Substances in waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Authority.
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Generator and Arranger Status. (a) As between the Developer and the LA DOTD, with respect to Hazardous Materials introduced, released, or brought onto the Project Right of Way by a Developer Party and Hazardous materials that migrate into, onto, or under the Project Right of Way where the source of such Hazardous Materials is a Developer Party, the Developer shall be responsible for and deemed the sole generator under 40 CFR Part 262 and the sole arranger under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). (b) As between the Developer and the LA DOTD, with respect to Pre- Existing Hazardous Materials and Third-Party Hazardous Materials, the LA DOTD shall be responsible for and deemed the sole generator under 40 CFR Part 262 and the arranger under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), subject to the following conditions: (i) if a court of competent jurisdiction identifies and ascribes generator status under 40 CFR Part 262 and/or arranger status under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to a third party for any such Pre-Existing Hazardous Materials or Third-Party Hazardous Materials, then, as between the Developer and the LA DOTD, the LA DOTD shall no longer be responsible for or deemed the sole generator under 40 CFR Part 262 or arranger under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for such Hazardous Materials; and (ii) if such Hazardous Materials are not managed, treated, handled, stored, remediated, removed, transported (where applicable), and disposed of by the Developer or Developer Party strictly in accordance with the Contract Documents, the Hazardous Materials and Wastes Management Plan (HM/WMP), all applicable Laws, and Good Industry Practice, then, as between the Developer and the LA DOTD, the Developer shall be responsible for and deemed the sole generator under 40 CFR Part 262 and arranger under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for such Hazardous Materials. (c) The status ascribed in Section 15.03(b) shall not preclude or limit any rights or remedies that the LA DOTD may otherwise have against the Developer, a Developer Party, third parties and/or prior owners, lessees, licensees, and occupants of the Project Right of Way. (d) As between the Developer and the LA DOTD...
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Generator and Arranger Status. ‌ (a) The Department will be deemed the generator and arranger of Pre-Existing Hazardous Substances and Third-Party Hazardous Substances, the presence of either of which constitutes a Hazardous Environmental Condition, within the Project Right of Way in the case of Pre-Existing Hazardous Substances and within the GP Lanes in the case of Third-Party Hazardous Substances. The Department agrees to be identified as the generator and arranger of such Pre-Existing Hazardous Substances in waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Authority. (b) The Developer will be deemed the generator and arranger of Hazardous Substances introduced to the Project Right of Way by a Developer Party, the presence of which constitutes a Hazardous Environmental Condition within the Project Right of Way. The Developer agrees to be identified, or cause the applicable Developer Party to be identified, as the generator and arranger of such Hazardous Substances in waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Authority.
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Related to Generator and Arranger Status

  • Individual Flexibility Arrangement 12.1 The Employer and an Employee covered by this Agreement, may agree to make an Individual Flexibility Arrangement to vary the following terms of this Agreement if: (a) the arrangement deals with one or more of the following matters: (i) arrangements about where and when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; or (v) annual leave loading; (b) the arrangement must meet the genuine needs of the Employer and Employee in relation to one or more of the matters mentioned in subclause 14.1 (a); and (c) the arrangement is genuinely agreed to by the Employer and the Employee. 12.2 The Employer must ensure that the terms of the Individual Flexibility Arrangement: (a) are about permitted matters under section 172 of the Act; (b) are not unlawful terms under section 194 of the Act; (c) result in the Employee being better off overall than the Employee would be if no agreement was made. 12.3 The Employer must ensure that the Individual Flexibility Arrangement: (a) is in writing; (b) includes the name of the Employer and the Employee; (c) is signed by the Employer and the Employee, and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; (d) Includes details of: (i) the terms of the Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; (iii) how the Employee will be better off overall in relation to the terms and conditions of their employment as a result of the arrangement; and (e) states the day on which the arrangement commences; 12.4 The Employer must give the Employee a copy of the Individual Flexibility Arrangement within 14 days after it is agreed to. 12.5 The Employer or Employee may terminate the Individual Flexibility Arrangement; (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the Employer and the Employee agree in writing – at any time.

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