Hazardous Material Generator Clause Samples

The Hazardous Material Generator clause defines the responsibilities and obligations of a party that produces or handles hazardous materials during the course of a project or contract. Typically, this clause specifies which party is considered the generator under applicable environmental laws, and outlines requirements for proper handling, storage, transportation, and disposal of hazardous substances. For example, it may require the generator to maintain records, obtain necessary permits, and ensure compliance with all relevant regulations. The core function of this clause is to allocate legal responsibility for hazardous materials, thereby minimizing environmental liability and ensuring regulatory compliance.
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Hazardous Material Generator. 3.7.3.1 As between Maintenance Contractor and TxDOT, TxDOT shall be considered the generator of and assume generator responsibility for Pre-Existing Hazardous Materials and TxDOT Releases of Hazardous Materials; provided, however, that the foregoing shall not preclude or limit any rights or remedies that TxDOT may have against third parties, including prior owners, lessees, licensees and occupants of the Project ROW. 3.7.3.2 As between Maintenance Contractor and TxDOT, Maintenance Contractor shall be considered the generator of and assume generator responsibility only for Maintenance Contractor Releases of Hazardous Materials.
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Hazardous Material Generator. 3.8.3.1 As between DB Contractor and TxDOT, TxDOT shall be considered the generator of, and assume generator responsibility for Hazardous Materials other than DB Contractor Releases of Hazardous Materials; provided, however, that the foregoing shall not preclude or limit any rights or remedies that TxDOT may have against third parties, including prior owners, lessees, licensees and occupants of the Project ROW. 3.8.3.2 As between DB Contractor and TxDOT, DB Contractor shall be considered the generator of and assume generator responsibility for DB Contractor Releases of Hazardous Materials. 3.8.3.3 TxDOT has exclusive decision-making authority regarding selection of the destination facility to which Hazardous Materials, other than DB Contractor Releases of Hazardous Materials, will be transported. 3.8.3.4 To the extent permitted by applicable Law, TxDOT shall defend, indemnify and hold harmless DB Contractor from third-party claims, causes of action and Losses arising out of or related to generator responsibility for Hazardous Material for which TxDOT is considered the generator pursuant to this Section 3.8.3.
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Hazardous Material Generator. As between TSP and the Joint Board, the Joint Board shall be considered the generator of Hazardous Materials on any ROW as of the Effective Date; provided, however, that the foregoing shall not preclude or limit any rights or remedies that the Joint Board may have against third parties and/or prior owners, lessees, licensees and occupants of the ROW. As between TSP and the Joint Board, TSP shall be considered the generator of any Hazardous Materials on the ROW which result from (a) Release(s) of Hazardous Material attributable to the negligence, willful misconduct, or breach of applicable Law or contract by any TSP-Related Entity; and (b) Release(s) of Hazardous Materials arranged to be brought onto the ROW or elsewhere by any TSP-Related Entity regardless of the cause of the Release of Hazardous Materials.
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Hazardous Material Generator. 3.8.3.1. As between DB Contractor and TxDOT, TxDOT shall be considered the generator of and assume generator responsibility for Hazardous Materials other than DB Contractor Releases of Hazardous Materials; provided, however, that the foregoing shall not preclude or limit any rights or remedies that TxDOT may have against third parties, including prior owners, lessees, licensees and occupants of the Project ROW. 3.8.3.2. As between DB Contractor and TxDOT, DB Contractor shall be considered the generator of and assume generator responsibility only for DB Contractor Releases of Hazardous Materials. 3.8.3.3. TxDOT has exclusive decision-making authority regarding selection of the destination facility to which Hazardous Materials other than DB Contractor Release(s) of Hazardous Materials will be transported.
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Hazardous Material Generator. 3.8.3.1 As between DB Contractor and TxDOT, TxDOT shall be considered the generator of, and assume generator responsibility for Hazardous Materials other than DB Contractor Releases of Hazardous Materials; 3.8.3.2 As between DB Contractor and TxDOT, DB Contractor shall be considered the generator of and assume generator responsibility for DB Contractor Releases of Hazardous Materials. 3.8.3.3 TxDOT has exclusive decision-making authority regarding selection of the destination facility to which Hazardous Materials, other than DB Contractor Releases of Hazardous Materials, will be transported. 3.8.3.4 To the extent permitted by applicable Law, TxDOT shall defend, indemnify and hold harmless DB Contractor from third-party claims, causes of action and Losses arising out of or related to generator responsibility for Hazardous Material for which TxDOT is considered the generator pursuant to this Section 3.8.3.
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Hazardous Material Generator. As between Design/Builder and the Alamo RMA, and except as provided herein, the Alamo RMA shall be considered the generator of Hazardous Materials on the Final ROW properties as of the Effective Date; provided, however, that the foregoing shall not preclude or limit any rights or remedies that the Alamo RMA may have against third parties and/or prior owners, lessees, licensees and occupants of the Final ROW. Design/Builder shall be considered the generator of any Hazardous Materials which result from (a) Release(s) of Hazardous Material attributable to the negligence, willful misconduct, or breach of applicable Law or contract by any member of the Design/Builder Group; and (b) Release(s) of Hazardous Materials arranged to be brought onto the Final ROW or elsewhere by any member of the Design/Builder Group regardless of the cause of the Release of Hazardous Materials.
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Hazardous Material Generator. 3.7.3.1 As between Maintenance Contractor and TxDOT, Maintenance Contractor shall not be considered the generator of Pre-Existing Hazardous Materials; provided, however, that the foregoing shall not preclude or limit any rights or remedies that TxDOT may have against third parties, including prior owners, lessees, licensees and occupants of the Project ROW. 3.7.3.2 As between Maintenance Contractor and TxDOT, Maintenance Contractor shall be considered the generator of any Hazardous Materials on: (a) the Developer- Designated ROW; and (b) the Project ROW which result from: (i) Release(s) of Hazardous Material attributable to the actions, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval by any Maintenance Contractor-Related Entity; and (ii) Release(s) of Hazardous Materials arranged to be brought onto the Project ROW or elsewhere by any Maintenance Contractor-Related Entity regardless of the cause of the Release of Hazardous Materials.
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Hazardous Material Generator. As between Integrator and TxDOT, TxDOT shall be considered the generator of Hazardous Materials on any Final ROW properties as of the Effective Date; provided, however, that the foregoing shall not preclude or limit any rights or remedies that TxDOT may have against third parties and/or prior owners, lessees, licensees and occupants of the Final ROW. As between Integrator and TxDOT, Integrator shall be considered the generator of any Hazardous Materials on any Final ROW which result from (a) Release(s) of Hazardous Material attributable to the negligence, willful misconduct, or breach of applicable Law or contract by any Integrator-Related Entity; and (b) Release(s) of Hazardous Materials arranged to be brought onto any Final ROW or elsewhere by any Integrator-Related Entity regardless of the cause of the Release of Hazardous Materials.
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Hazardous Material Generator. 3.8.3.1. As between DB Contractor and TxDOT, TxDOT shall be considered the generator of and assume generator responsibility for Hazardous Materials other than DB Contractor Releases of Hazardous Materials; provided, however, that the foregoing shall not preclude or limit any rights or remedies that TxDOT may have against third parties, including prior owners, lessees, licensees and occupants of the Project ROW. 3.8.3.2. As between DB Contractor and TxDOT, DB Contractor shall be considered the generator of and assume generator responsibility only for DB Contractor Releases of Hazardous Materials. 3.8.3.3. TxDOT has exclusive decision-making authority regarding selection of the destination facility to which Hazardous Materials other than DB Contractor Release(s) of Hazardous Materials will be transported. 3.8.3.4. To the extent permitted by applicable Law, TxDOT shall defend, indemnify and hold harmless DB Contractor from third party claims, causes of action
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Related to Hazardous Material Generator

  • Hazardous Material Contractor shall not permit any Hazardous Material (as defined below) to be located, used, incorporated into the Work or brought onto the Job Site in connection with the Work unless (i) absolutely necessary because no alternative is available, (ii) the precise nature and quantity of the Hazardous Material is specified in writing to Owner, (iii) the prior written approval of Owner is obtained, and (iv) Contractor complies with all Laws and prudent business practices concerning the Hazardous Material required. If Contractor encounters any material it reasonably believes to be Hazardous Material, or becomes aware of any incident involving Hazardous Material at the Job Site, Contractor shall immediately stop the Work in the area so affected and shall immediately report the same to Owner. Contractor shall also immediately notify Owner of any notice Contractor receives concerning the presence or use of Hazardous Material at the Job Site. Contractor shall be liable for all on and off-site disposal or transport of Hazardous Material (and shall sign any manifest for the transport or storage of such Hazardous Material), and for any discharge, release, injury to any person, or injury or damage to any property resulting from use of Hazardous Material in the performance of the Work. Contractor shall, at its expense, cause the removal of the Hazardous Material and remedy any associated problems in accordance with applicable Laws and prudent business practices. "Hazardous Material" shall mean (1) any Hazardous Material as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, or under any applicable state or local Laws, (2) any substance or matter that results in liability to any person or entity from discharge of or exposure to such substance or matter under any statutory or common law theory, (3) pesticides, asbestos, formaldehyde, polychlorinated biphenyl, solvents, petroleum and motor fuel hydrocarbon material, and (4) any other substance or matter that becomes subject to any federal, state or local agency order or requirement for removal, treatment or remedial action. To the extent permitted by Law, and without in any way limiting any other indemnity obligation under this Agreement, Contractor shall indemnify, defend (at Contractor's sole cost and with legal counsel acceptable to Owner) and hold Owner and their respective officers, directors, agents, employees, representatives, shareholders, partners, affiliates, successors and assigns harmless, from and against any and all claims, losses, costs or liabilities arising out of an incurred connection with removing or remediating any Hazardous Materials on or about the Job Site or transported on, to, from or about the Job Site by Contractor. This indemnity shall be effective during and after completion of the Work.

  • Hazardous Materials The Tenant agrees to not possess any type of personal property that could be considered a fire hazard such as a substance having flammable or explosive characteristics on the Premises. Items that are prohibited to be brought into the Premises, other than for everyday cooking or the need of an appliance, includes but is not limited to gas (compressed), gasoline, fuel, propane, kerosene, motor oil, fireworks, or any other related content in the form of a liquid, solid, or gas.

  • No Hazardous Materials (A) have been disposed of or otherwise released from any Real Property of the Company or any of its Subsidiaries in violation of any Environmental Laws; or (B) are present on, over, beneath, in or upon any Real Property or any portion thereof in quantities that would constitute a violation of any Environmental Laws. No prior use by the Company or any of its Subsidiaries of any Real Property has occurred that violates any Environmental Laws, which violation would have a material adverse effect on the business of the Company or any of its Subsidiaries.

  • Hazardous Substances The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.