Common use of Delays by Utility Owners Clause in Contracts

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. 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 ▇▇▇▇▇TxDOT’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