Common use of Failure of Utility Owners to Cooperate Clause in Contracts

Failure of Utility Owners to Cooperate. DB Contractor shall use best efforts to obtain the cooperation of each Utility Owner as necessary for the Utility Adjustment. DB Contractor shall notify TxDOT immediately if DB Contractor is unable (or anticipates that it will be unable), after diligent efforts, to reach agreement with a Utility Owner on a necessary Utility Agreement or get any necessary cooperation from a Utility Owner within a reasonable time. Such notice may include a request that TxDOT assist in resolving the dispute or in otherwise obtaining the Utility Owner’s timely cooperation. Upon a request for assistance from DB Contractor, TxDOT will take such reasonable steps as DB Contractor may request; provided that TxDOT shall have no obligation to prosecute eminent domain or other legal proceedings, or to exercise any rights available to TxDOT under applicable Law or any contract. DB Contractor shall reimburse TxDOT for TxDOT’s Recoverable Costs in connection with providing such assistance to DB Contractor. As a condition of TxDOT providing assistance to DB Contractor, DB Contractor shall provide such evidence and information as TxDOT requests with respect to the Utility Adjustment sufficient to demonstrate that the Utility Owner is not cooperating despite DB Contractor’s diligent efforts.