Construction Work and Operating Period Generally Clause Samples
Construction Work and Operating Period Generally. Except to the extent expressly permitted in writing by TxDOT, Developer shall not commence or permit or suffer commencement of construction of the Facility or applicable portion thereof until TxDOT issues NTP2 (and, (i) with respect to the General Purpose Lane Capacity Improvement, , until TxDOT issues NTP GP or the occurrence of the General Purpose Capacity Improvement Trigger Event, (ii) with respect to the Managed Lane Capacity Improvement, until TxDOT issues NTP ML or the occurrence of the Managed Lanes Capacity Improvement Trigger Event, and (iii) with respect to the Interchange Capacity Improvement, until TxDOT issues NTP IC) and all of the following conditions have been satisfied:
7.6.1.1 All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Facility have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals;
7.6.1.2 Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Facility Right of Way necessary for commencement of construction of the applicable portion of the Facility and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT;
7.6.1.3 Developer has satisfied for the applicable portion of the Facility all applicable pre-construction requirements contained in the NEPA Approval and other Governmental Approvals;
7.6.1.4 Each Payment and Performance Bond, in form and from a Surety approved by TxDOT and with TxDOT named as a dual obligee, required under Section 16.2.1 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer or the Collateral Agent for the senior Facility Debt;
7.6.1.5 The guarantees in favor of TxDOT, if any, required under Section 16.4 have been obtained and delivered to TxDOT;
7.6.1.6 All Insurance Policies required under Section 16.1 for construction have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such Insurance Policies;
7.6.1.7 Developer has caused to be developed and delivered t...