Common use of Generator and Arranger Status Clause in Contracts

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.

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. 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.