Common use of Access to Project ROW Clause in Contracts

Access to Project ROW. To the extent that Developer has not been provided with access to portions of the Project ROW on or prior to the date set forth on the Project Schedule, Developer shall work around such Project ROW with the goals of minimizing delay to the completion of the Project. Except for delays caused by the type of event described in clause (b) of the definition of “TxDOT-Caused Delay” Developer shall not be entitled to any increase in the Price or time extension for delays caused by the failure or inability of TxDOT to provide Project ROW. Where Developer makes a written request for access or rights of entry for any Project ROW for which access has not yet been acquired, Developer may, with TxDOT's prior written consent, which may be withheld or withdrawn at any time, in TxDOT’s sole discretion, and subject to the provisions of Section 6.6 above and Sections