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.
Appears in 3 contracts
Sources: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement