of the Technical Provisions Clause Samples

of the Technical Provisions. DB Contractor has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.

of the Technical Provisions. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, ▇▇▇▇▇▇▇▇▇ shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer pursuant to this Agreement.

of the Technical Provisions. If for any reason DB Contractor is unable to collect any amounts owed to DB Contractor by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) DB Contractor shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to DB Contractor from TxDOT; and (c) DB Contractor shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay DB Contractor.

of the Technical Provisions. DB Contractor shall notify TxDOT in writing, for its concurrence, of the failure of negotiations with respect to the acquisition of any parcel included in the Project ROW and shall submit to TxDOT for approval a Condemnation Package for the parcel as described in Section 7.4.4 of the Technical Provisions. TxDOT shall have ten Business Days either to: (a) approve the Condemnation Package or (b) provide its comments and/or request for additional information to DB Contractor if TxDOT determines that the Condemnation Package is incomplete or otherwise deficient. DB Contractor shall incorporate any suggested changes and provide any additional information requested by TxDOT and shall resubmit the Condemnation Package to TxDOT for review and approval. TxDOT shall have ten Business Days to approve or provide comments to DB Contractor on any resubmittals.

of the Technical Provisions. Developer shall notify TxDOT in writing, for its concurrence, of the failure of negotiations with respect to the acquisition of any parcel included in the Project ROW and shall submit to TxDOT for approval a condemnation package for the parcel as described in Section 7.4.4 of the Technical Provisions. TxDOT shall have 15 Business Days either to:

of the Technical Provisions. Developer shall obtain TxDOT’s written approval of any offer to be extended to an owner of any interest in Project ROW prior to making such offer, in accordance with Section 7.3.6

of the Technical Provisions. Accordingly, there shall be no changes in the Price and no time extensions on account of any inaccuracies in the Reference Information Documents with respect to any Utilities. Except as provided in Section 6.8.1, DB Contractor shall not be entitled to any increase in the Price and/or time extension as a result of any of the following. (a) any increase in the extent or change in the character of the Utility Adjustment Work necessary to Adjust any Utility from that anticipated by DB Contractor; (b) any difference in the cost to Adjust a Utility from that anticipated by DB Contractor; (c) any inaccuracy in the information included in the RIDs as to the existence, location, ownership, type, and/or any other characteristic of any Utility; (d) any inaccuracy in the RIDs as to whether any Utility is located within privately owned property or public right of way; or (e) any inaccuracy in the Reference Information Documents as to the existence or nature of any rights or interest relating to the occupancy of any real property by any Utility. 6.8.10.8 Inasmuch as DB Contractor is both furnishing the design of and constructing the Project, DB Contractor may have opportunities to reduce the costs of certain portions of the Work, which may increase the costs of certain other portions of the Work. In considering each such opportunity, DB Contractor shall consider the impact of design changes on Utility Adjustments to the extent practical. Accordingly, except as otherwise provided in Section 13 with respect to TxDOT-Directed Changes, the following provisions shall apply with respect to any increase or decrease in the cost of the Work and/or delay associated with design changes during the course of the Project which either reduce the nature or extent of or eliminate any Utility Adjustment, or result in unanticipated Utility Adjustments or an increase in the nature or extent of anticipated Utility Adjustments: (a) DB Contractor shall not be entitled to extension of any Completion Deadline on account of delays resulting from any such design changes. (b) DB Contractor shall not be entitled to any increase in the Price for any such additional costs which DB Contractor incurs (including both additional costs of Utility Adjustment Work and the costs of any additional Work on other aspects of the Project undertaken in order to avoid or minimize Utility Adjustments). (c) If TxDOT incurs any such additional costs, then DB Contractor shall reimburse TxDOT for such costs within ten d...

of the Technical Provisions. (f) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts; (g) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and (h) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure). 9.6.2 Developer shall notify TxDOT and the Independent Engineer when ▇▇▇▇▇▇▇▇▇ has achieved Final Acceptance for a Project Segment. During the 15-day period following receipt of such notice, (a) Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular, cooperative basis, (b) the Independent Engineer shall inspect the Punch List items, review the Record Drawings and conduct such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied, (c) the Independent Engineer shall deliver a report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and (d) TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation. Within five days after expiration of such 15-days period and TxDOT’s receipt of the Independent Engineer’s report, TxDOT shall either (i) issue a certificate of Final Acceptance for the Project Segment or (ii) notify Developer why Final

of the Technical Provisions. Developer's obligation to provide Protection in Place for Utilities includes any Early Adjustments, whether or not timely completed. Developer shall coordinate with TxDOT and the Utility Owner as may be necessary for orderly completion of any Early Adjustments, and Developer shall conduct its Work without interfering with or hindering the progress or completion of any Early Adjustments. Subject to the provisions of this Section 7.5.10 but notwithstanding any contrary provision of the CDA Documents, the Work excludes all efforts necessary for completion of any Early Adjustments.