Delays by Utility Owners Sample Clauses
The "Delays by Utility Owners" clause defines how project timelines and responsibilities are managed when delays are caused by utility companies or utility owners. Typically, this clause outlines the procedures for notifying the relevant parties, the documentation required to substantiate the delay, and any adjustments to the project schedule or compensation that may result. For example, if a construction project is held up because a utility company fails to relocate power lines on time, this clause would specify how the contractor should proceed and whether they are entitled to an extension or additional costs. Its core function is to allocate risk and provide a clear process for handling delays outside the contractor's control, ensuring fairness and minimizing disputes.
Delays by Utility Owners. 6.8.5.1 DB Contractor shall bear 100% of the risk of Critical Path delays caused by a Utility Owner’s failure to timely comply with the requirements of a Utility Agreement which has been executed by DB Contractor and such Utility Owner.
Delays by Utility Owners. 6.8.5.1 Developer shall bear 100% of the risk of Critical Path delays caused by a Utility Owner’s failure to timely comply with the requirements of a Utility Agreement which has been executed by Developer and such Utility Owner.
Delays by Utility Owners. 6.5.5.1. Except as otherwise described in this Section 6.5.5, DB Contractor shall bear 100% of the risk of Critical Path delays caused by a Utility Owner’s failure to timely comply with the requirements of a Utility Agreement which has been executed by DB Contractor and such Utility Owner.
6.5.5.2. DB Contractor shall bear 100% of the risk of each Utility Owner Delay prior to and during the 90-day period following ▇▇▇▇▇’s receipt of the evidence described in Section 6.5.4. The risk of any Utility Owner Delay after such 90-day period shall be borne equally by each Party.. If a Utility Owner Delay is concurrent with any other delay for which DB Contractor is entitled to a time extension under Section 13, the delay shall be deemed a Utility Owner Delay and the provisions of this Section 6.5.5 shall apply.
6.5.5.3. No Change Order for delay to a Critical Path shall be allowable pursuant to Section 6.5.5.2 unless all of the following criteria are met: (a) the general requirements and conditions for Change Orders set forth in Section 13 have been met; (b) DB Contractor has provided evidence reasonably satisfactory to TxDOT that: (i) DB Contractor took advantage of Float time available early in the Project Schedule for coordination activities with respect to the affected Utility, and (ii) DB Contractor has made diligent efforts to obtain the Utility Owner’s cooperation but has been unable to obtain such cooperation, (c) if applicable, DB Contractor has provided a reasonable Utility Adjustment plan to the Utility Owner, (d) DB Contractor or the Utility Owner has obtained, or is in a position to timely obtain, all applicable approvals, authorizations, certifications, consents, exemptions, filings, leases, licenses, permits, registrations, opinions and/or rulings required by or with any Person in order to design and construct such Utility Adjustment, and
Delays by Utility Owners. Design/Builder shall use best efforts to obtain the cooperation of each Utility Owner as necessary for the Project. Design/Builder shall notify the Alamo RMA immediately if (a) Design/Builder reasonably believes that any Utility Owner would not undertake or permit a Utility Adjustment in a manner consistent with the timely completion of the Project, (b) Design/Builder becomes aware that a Utility Owner is not cooperating in a timely manner to provide the needed work or approvals, or (c) any other dispute arises between Design/Builder and any Utility Owner with respect to the Project, despite Design/Builder's diligent efforts to obtain such Utility Owner’s cooperation or otherwise resolve such dispute. Such notice may include a request that the Alamo RMA assist in resolving the dispute or in otherwise obtaining the Utility Owner’s timely cooperation. Design/Builder shall provide the Alamo RMA with such information regarding the Utility Owner's failure to cooperate and the effect of any resulting delay on the Project Schedule as is requested by the Alamo RMA. The Alamo RMA’s obligation to assist hereunder is subject to Design/Builder’s provision of evidence reasonably satisfactory to the Alamo RMA that the Adjustment is necessary, the time for completion of the Adjustment in the Project Schedule was, in its inception, a reasonable amount of time for completion of such Development Work, and that Design/Builder has made best efforts to obtain the Utility Owner’s cooperation but has not been able to obtain such cooperation. Following the receipt of such evidence by the Alamo RMA, the Alamo RMA shall take reasonable steps to obtain the cooperation of the Utility Owner or resolve the dispute; however, the Alamo RMA shall have no obligation to prosecute eminent domain or other legal proceedings, unless the Alamo RMA elects to do so in its sole discretion. After delivery of any notice or request for assistance pursuant to this Section 6.8.5.1, Design/Builder shall continue to use best efforts to pursue the Utility Owner’s cooperation. Any assistance provided by the Alamo RMA shall not relieve Design/Builder of its sole and primary responsibility for the satisfactory compliance with its obligations and timely completion of all Utility Adjustment Work, except as otherwise expressly set forth in this Section 6.8.5.
Delays by Utility Owners. 6.5.5.1. Except as otherwise described in this Section 6.5.5, DB Contractor shall bear 100% of the risk of Critical Path delays caused by a Utility Owner’s failure to timely comply with the requirements of a Utility Agreement which has been executed by DB Contractor and such Utility Owner.
6.5.5.2. DB Contractor shall bear 100% of the risk of each Utility Owner Delay prior to and during the pendency of TxDOT’s review of the evidence described in Section 6.5.4 until any Change Order is issued as described in Section 6.5.5.