Common use of Generator Status Clause in Contracts

Generator Status. (a) The Department will be deemed the generator of Pre-Existing Hazardous Substances, the presence of which constitutes a Hazardous Environmental Condition, within the Project Right of Way. The Department agrees to be identified as the generator 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 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 of such Hazardous Substances in waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Authority.

Generator Status. (a) The Department will be deemed the generator of Pre-Existing Hazardous Substances, the presence of which constitutes a Hazardous Environmental Condition, within the Project Right of Way. The Department agrees to be identified as the generator 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 Concessionaire will be deemed the generator of Hazardous Substances introduced to the Project Right of Way by a Developer Concessionaire Party, the presence of which constitutes a Hazardous Environmental Condition within the Project Right of Way. The Developer Concessionaire agrees to be identified, or cause the applicable Developer Concessionaire Party to be identified, as the generator of such Hazardous Substances in waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Authority.

Generator Status. (a) The Department will be deemed the generator 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 of such Pre- Pre-Existing Hazardous Substances in waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Authority. (b) The Developer Concessionaire will be deemed the generator of Hazardous Substances introduced to the Project Right of Way by a Developer Concessionaire Party, the presence of which constitutes a Hazardous Environmental Condition within the Project Right of Way. The Developer Concessionaire agrees to be identified, or cause the applicable Developer Concessionaire Party to be identified, as the generator of such Hazardous Substances in waste manifests and any other documentation submitted to transporters, disposal facilities and any Governmental Authority.. 130 DMEAST #27287336 v26