Common use of of the Technical Provisions Clause in Contracts

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 days after receipt of TxDOT’s invoice therefor, or in TxDOT’s discretion, TxDOT may deduct the amount of reimbursement due from any payment due to DB Contractor under this Agreement. (d) TxDOT shall not be entitled to a credit on account of reductions in the cost of the Work due to any such avoided or minimized Utility Adjustments. 6.8.10.9 If DB Contractor elects to make payments to Utility Owners or to undertake any other efforts which are not required by the terms of the Contract Documents, DB Contractor shall not be entitled to a Change Order in connection therewith. DB Contractor shall promptly notify TxDOT of the terms of any such arrangements. 6.8.10.10 Except as specified in this Section 6.8 or in Section 13, DB Contractor shall not be entitled to any Change Order with respect to any Utility Adjustments, including any act or omission of any Utility Owner which may result in a delay to the Project Schedule or in DB Contractor’s incurring costs not included in the Price.

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 days after receipt of TxDOT’s invoice therefor, or in TxDOT’s discretion, TxDOT may deduct the amount of reimbursement due from any payment due to DB Contractor under this Agreement. (d) TxDOT ▇▇▇▇▇ shall not be entitled to a credit on account of reductions in the cost of the Work due to any such avoided or minimized Utility Adjustments. 6.8.10.9 If DB Contractor elects to make payments to Utility Owners or to undertake any other efforts which are not required by the terms of the Contract Documents, DB Contractor shall not be entitled to a Change Order in connection therewith. DB Contractor shall promptly notify TxDOT of the terms of any such arrangements. 6.8.10.10 Except as specified in this Section 6.8 or in Section 13, DB Contractor shall not be entitled to any Change Order with respect to any Utility Adjustments, including any act or omission of any Utility Owner which may result in a delay to the Project Schedule or in DB Contractor’s incurring costs not included in the Price.

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 6.8.16.8.1 of this Agreement, 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 Reference Information Documents as to the existence, . location, ownership, type, and/or any other characteristic of any Utility; (d) any inaccuracy in the RIDs Reference Information Documents 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 days after receipt of TxDOT’s invoice therefor, or in TxDOT’s discretion, TxDOT may deduct the amount of reimbursement due from any payment due to DB Contractor under this Agreement. (d) TxDOT ▇▇▇▇▇ shall not be entitled to a credit on account of reductions in the cost of the Work due to any such avoided or minimized Utility Adjustments. 6.8.10.9 If DB Contractor elects to make payments to Utility Owners or to undertake any other efforts which are not required by the terms of the Contract Documents, DB Contractor shall not be entitled to a Change Order in connection therewith. DB Contractor shall promptly notify TxDOT of the terms of any such arrangements. 6.8.10.10 Except as specified in this Section 6.8 or in Section 13, DB Contractor shall not be entitled to any Change Order with respect to any Utility Adjustments, including any act or omission of any Utility Owner which may result in a delay to the Project Schedule or in DB Contractor’s incurring costs not included in the Price.

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; DB Contractor; (b) any difference in the cost to Adjust a Utility from that anticipated by DB Contractor;by (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 days after receipt of TxDOT’s invoice therefor, or in TxDOT’s discretion, TxDOT may deduct the amount of reimbursement due from any payment due to DB Contractor under this Agreement. (d) TxDOT ▇▇▇▇▇ shall not be entitled to a credit on account of reductions in the cost of the Work due to any such avoided or minimized Utility Adjustments. 6.8.10.9 If DB Contractor elects to make payments to Utility Owners or to undertake any other efforts which are not required by the terms of the Contract Documents, DB Contractor shall not be entitled to a Change Order in connection therewith. DB Contractor shall promptly notify TxDOT of the terms of any such arrangements. 6.8.10.10 Except as specified in this Section 6.8 or in Section 13, DB Contractor shall not be entitled to any Change Order with respect to any Utility Adjustments, including any act or omission of any Utility Owner which may result in a delay to the Project Schedule or in DB Contractor’s incurring costs not included in the Price.

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 6.8.16.8.1 of this Agreement, 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 Reference Information Documents as to the existence, . location, ownership, type, and/or any other characteristic of any Utility; (d) any inaccuracy in the RIDs Reference Information Documents 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 days after receipt of TxDOT’s invoice therefor, or in TxDOT’s discretion, TxDOT may deduct the amount of reimbursement due from any payment due to DB Contractor under this Agreement. (d) TxDOT shall not be entitled to a credit on account of reductions in the cost of the Work due to any such avoided or minimized Utility Adjustments. 6.8.10.9 If DB Contractor elects to make payments to Utility Owners or to undertake any other efforts which are not required by the terms of the Contract Documents, DB Contractor shall not be entitled to a Change Order in connection therewith. DB Contractor shall promptly notify TxDOT of the terms of any such arrangements. 6.8.10.10 Except as specified in this Section 6.8 or in Section 13, DB Contractor shall not be entitled to any Change Order with respect to any Utility Adjustments, including any act or omission of any Utility Owner which may result in a delay to the Project Schedule or in DB Contractor’s incurring costs not included in the Price.

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 6.8.16.8.1 of this Agreement, 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 increase in the extent, change in the character, or difference of the cost of the Utility Adjustment Work necessary for the Oncor Transmission Line Relocation from that anticipated by the Oncor Agreement; (d) any inaccuracy in the information included in the RIDs Reference Information Documents as to the existence, location, ownership, type, type and/or any other characteristic of any Utility; (de) any inaccuracy in the RIDs Reference Information Documents as to whether any Utility is located within privately owned property or public right of way; orand/or (ef) 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 6.8.11.8. 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 days after receipt of TxDOT’s invoice therefor, or in TxDOT’s discretion, TxDOT may deduct the amount of reimbursement due from any payment due to DB Contractor under this Agreement. (d) TxDOT ▇▇▇▇▇ shall not be entitled to a credit on account of reductions in the cost of the Work due to any such avoided or minimized Utility Adjustments. 6.8.10.9 6.8.11.9. If DB Contractor elects to make payments to Utility Owners or to undertake any other efforts which are not required by the terms of the Contract Documents, DB Contractor shall not be entitled to a Change Order in connection therewith. DB Contractor shall promptly notify TxDOT of the terms of any such arrangements. 6.8.10.10 6.8.11.10. Except as specified in this Section 6.8 or in Section 13, DB Contractor shall not be entitled to any Change Order with respect to any Utility Adjustments, including any act or omission of any Utility Owner which may result in a delay to the Project Schedule or in DB Contractor’s incurring costs not included in the Price.

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 6.8.16.8.1 of this Agreement, 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 increase in the extent, change in the character, or difference of the cost of the Utility Adjustment Work necessary for the Oncor Transmission Line Relocation from that anticipated by the Oncor Agreement; (d) any inaccuracy in the information included in the RIDs Reference Information Documents as to the existence, location, ownership, type, type and/or any other characteristic of any Utility; (de) any inaccuracy in the RIDs Reference Information Documents as to whether any Utility is located within privately owned property or public right of way; orand/or (ef) 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 6.8.11.8. 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 days after receipt of TxDOT’s invoice therefor, or in TxDOT’s discretion, TxDOT may deduct the amount of reimbursement due from any payment due to DB Contractor under this Agreement. (d) TxDOT shall not be entitled to a credit on account of reductions in the cost of the Work due to any such avoided or minimized Utility Adjustments. 6.8.10.9 6.8.11.9. If DB Contractor elects to make payments to Utility Owners or to undertake any other efforts which are not required by the terms of the Contract Documents, DB Contractor shall not be entitled to a Change Order in connection therewith. DB Contractor shall promptly notify TxDOT of the terms of any such arrangements. 6.8.10.10 6.8.11.10. Except as specified in this Section 6.8 or in Section 13, DB Contractor shall not be entitled to any Change Order with respect to any Utility Adjustments, including any act or omission of any Utility Owner which may result in a delay to the Project Schedule or in DB Contractor’s incurring costs not included in the Price.

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 6.8.16.8.1 of this Agreement, 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 increase in the extent, change in the character, or difference of the cost of the Utility Adjustment Work necessary for the Oncor Transmission Line Relocation from that anticipated by the Oncor Agreement; (d) any inaccuracy in the information included in the RIDs Reference Information Documents as to the existence, location, ownership, type, type and/or any other characteristic of any Utility; (de) any inaccuracy in the RIDs Reference Information Documents as to whether any Utility is located within privately owned property or public right of way; orand/or (ef) 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.Texas Department of Transportation Horseshoe Project August 29,September 17, 2012 52 RFP Addendum 12 Design-Build Agreement 6.8.10.8 6.8.11.8. 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 days after receipt of TxDOT’s invoice therefor, or in TxDOT’s discretion, TxDOT may deduct the amount of reimbursement due from any payment due to DB Contractor under this Agreement. (d) TxDOT ▇▇▇▇▇ shall not be entitled to a credit on account of reductions in the cost of the Work due to any such avoided or minimized Utility Adjustments. 6.8.10.9 6.8.11.9. If DB Contractor elects to make payments to Utility Owners or to undertake any other efforts which are not required by the terms of the Contract Documents, DB Contractor shall not be entitled to a Change Order in connection therewith. DB Contractor shall promptly notify TxDOT of the terms of any such arrangements. 6.8.10.10 6.8.11.10. Except as specified in this Section 6.8 or in Section 13, DB Contractor shall not be entitled to any Change Order with respect to any Utility Adjustments, including any act or omission of any Utility Owner which may result in a delay to the Project Schedule or in DB Contractor’s incurring costs not included in the Price.

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 6.8.16.8.1 of this Agreement, 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 increase in the extent, change in the character, or difference of the cost of the Utility Adjustment Work necessary for the Oncor Transmission Line Relocation from that anticipated by the Oncor Agreement; (d) any inaccuracy in the information included in the RIDs Reference Information Documents as to the existence, location, ownership, type, type and/or any other characteristic of any Utility; (de) any inaccuracy in the RIDs Reference Information Documents as to whether any Utility is located within privately owned property or public right of way; orand/or (ef) 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.Texas Department of Transportation Horseshoe Project September 17,20, 2012 52 RFP Addendum 23 Design-Build Agreement 6.8.10.8 6.8.11.8. 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 days after receipt of TxDOT’s invoice therefor, or in TxDOT’s discretion, TxDOT may deduct the amount of reimbursement due from any payment due to DB Contractor under this Agreement. (d) TxDOT ▇▇▇▇▇ shall not be entitled to a credit on account of reductions in the cost of the Work due to any such avoided or minimized Utility Adjustments. 6.8.10.9 6.8.11.9. If DB Contractor elects to make payments to Utility Owners or to undertake any other efforts which are not required by the terms of the Contract Documents, DB Contractor shall not be entitled to a Change Order in connection therewith. DB Contractor shall promptly notify TxDOT of the terms of any such arrangements. 6.8.10.10 6.8.11.10. Except as specified in this Section 6.8 or in Section 13, DB Contractor shall not be entitled to any Change Order with respect to any Utility Adjustments, including any act or omission of any Utility Owner which may result in a delay to the Project Schedule or in DB Contractor’s incurring costs not included in the Price.

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 , except as provided in Section 6.8.1, 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 Reference Information Documents as to the existence, location, ownership, type, and/or any other characteristic of any Utility; (d) any inaccuracy in the RIDs Reference Information Documents 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 days after receipt of TxDOT’s invoice therefor, or in TxDOT’s discretion, TxDOT may deduct the amount of reimbursement due from any payment due to DB Contractor under this Agreement. (d) TxDOT ▇▇▇▇▇ shall not be entitled to a credit on account of reductions in the cost of the Work due to any such avoided or minimized Utility Adjustments. 6.8.10.9 If DB Contractor elects to make payments to Utility Owners or to undertake any other efforts which are not required by the terms of the Contract Documents, DB Contractor shall not be entitled to a Change Order in connection therewith. DB Contractor shall promptly notify TxDOT of the terms of any such arrangements. 6.8.10.10 Except as specified in this Section 6.8 or in Section 13, DB Contractor shall not be entitled to any Change Order with respect to any Utility Adjustments, including any act or omission of any Utility Owner which may result in a delay to the Project Schedule or in DB Contractor’s incurring costs not included in the Price.