Common use of Hazardous Material Generator Clause in Contracts

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.