Common use of Project Right of Way Acquisition Clause in Contracts

Project Right of Way Acquisition. ‌ 5.4.1 All Project Right of Way, including Additional Properties other than temporary interests in property for Project Specific Locations, shall be held or acquired, as applicable, in the name of IFA. 5.4.2 IFA has completed, or shall undertake and complete at its own cost and expense, in accordance with Section 17 and Attachment 17-1 of the Technical Provisions, the acquisition of Project Right of Way, except that (a) acquisition of Additional Properties, except those required solely due to an IFA Change, shall be solely at Developer’s expense as more particularly provided in Section 5.4.5 and (b) Developer shall be solely responsible for acquisition of rights in Project Specific Locations, as more particularly provided in Section 5.4.9. 5.4.3 If Developer identifies Additional Properties as permanently needed to construct or maintain the Project, Developer shall submit to IFA in writing a request to acquire the Additional Properties. The request shall include a drawing of the limits necessary for each parcel of Additional Property and the information required under Section 17.1 of the Technical Provisions. The request, drawing and information are subject to IFA’s approval. IFA shall undertake and complete acquisition of Additional Properties, including undertaking eminent domain proceedings, if necessary, after IFA approves Developer’s written request, drawing and information for the requested Additional Properties. 5.4.4 IFA shall not be obligated to approve a request for acquisition of any other Additional Property where, in IFA’s good faith judgment, (a) to do so would materially adversely affect political, community or public relations, or (b) successful timely completion of the acquisition is not likely. Within fourteen (14) days after receipt of a written request from Developer identifying an Additional Property for acquisition, IFA will state in writing to Developer whether IFA regards acquisition (whether by negotiation or condemnation) of the Additional Property as potentially materially adversely affecting political, community or public relations, or regards successful timely acquisition as not likely. No such statement, or lack thereof, shall preclude IFA from later changing its determination based on changed political, community or public relations events or circumstances. 5.4.5 Developer shall be responsible for all costs and expenses associated with IFA’s acquisition of Additional Properties, except those costs and expenses actually and properly incurred solely due to an IFA Change. In paying all such costs and expenses, 5.4.5.1 The cost of acquisition services and document preparation; 5.4.5.2 The cost of negotiations; 5.4.5.3 The cost of condemnation proceedings handled by the Attorney General of the State of Indiana through master proceedings, jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production; 5.4.5.4 The purchase prices, master awards, settlements, offers of judgment, court awards or judgments, including pre-judgment and post-judgment interest, costs, and attorney’s fees, or other consideration for interests in real property for all parcels required for the Project or the Work, whether within or outside of the Project Right of Way; 5.4.5.5 The cost of permanent or temporary acquisition of leases, easements, rights of entry, licenses and other interests in real property, including for drainage, temporary work space, Project Specific Locations, and any other convenience of Developer; 5.4.5.6 The cost of permitting; 5.4.5.7 Closing costs associated with parcel acquisitions in accordance with the Uniform Act, IC 32-24-1 et seq. and IFA policies; 5.4.5.8 Relocation assistance payments and costs, in accordance with the Uniform Act and IC 8-23-17-1 et seq. 5.4.6 If IFA incurs any such reasonable costs and expenses on Developer’s behalf, including any related IFA Recoverable Costs, IFA may submit to Developer, not more often than monthly, invoices for such costs and expenses. Developer shall reimburse IFA within thirty (30) days of IFA’s submittal to Developer of each such invoice. In addition to any other remedy, IFA shall have the right to curtail or suspend acquisition activities if Developer for any reason fails to pay any such invoice in full when due. IFA will resume acquisition activities promptly after delinquent amounts are paid in full with interest. 5.4.7 Except for an IFA-Caused Delay under clause (c)(ii) of the definition thereof, Developer shall solely bear the risk of any time and cost impacts to the Work related to IFA’s acquisition of Additional Properties. 5.4.8 Developer shall not negotiate with any owners or occupants of any property, including Additional Properties, with respect to activities under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, P.L. 91-646, as amended. 5.4.9 Neither IFA nor the Department shall be obligated to acquire or exercise its power of eminent domain in connection with Developer's acquisition of any temporary right or interest for Project Specific Locations. Neither IFA nor the Department shall have any obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests; and Developer shall have no obligation to submit acquisition

Project Right of Way Acquisition. ‌ 5.4.1 All Project Right of Way, including Additional Properties other than temporary interests in property for Project Specific Locations, shall be held or acquired, as applicable, in the name of IFA. 5.4.2 IFA has completed, or shall undertake and complete at its own cost and expense, in accordance with Section 17 and Attachment 17-1 of the Technical Provisions, the acquisition of Project Right of Way, except that (a) acquisition of Additional Properties, except those required solely due to an IFA Change, shall be solely at Developer’s expense as more particularly provided in Section 5.4.5 and (b) Developer shall be solely responsible for acquisition of rights in Project Specific Locations, as more particularly provided in Section 5.4.9. 5.4.3 If Developer identifies Additional Properties as permanently needed to construct or maintain the Project, Developer shall submit to IFA in writing a request to acquire the Additional Properties. The request shall include a drawing of the limits necessary for each parcel of Additional Property and the information required under Section 17.1 of the Technical Provisions. The request, drawing and information are subject to IFA’s approval. IFA shall undertake and complete acquisition of Additional Properties, including undertaking eminent domain proceedings, if necessary, after IFA approves Developer’s written request, drawing and information for the requested Additional Properties. 5.4.4 IFA shall not be obligated to approve a request for acquisition of any other Additional Property where, in IFA’s good faith judgment, (a) to do so would materially adversely affect political, community or public relations, or (b) successful timely completion of the acquisition is not likely. Within fourteen (14) days after receipt of a written request from Developer identifying an Additional Property for acquisition, IFA will state in writing to Developer whether IFA regards acquisition (whether by negotiation or condemnation) of the Additional Property as potentially materially adversely affecting political, community or public relations, or regards successful timely acquisition as not likely. No such statement, or lack thereof, shall preclude IFA from later changing its determination based on changed political, community or public relations events or circumstances. 5.4.5 Developer shall be responsible for all costs and expenses associated with IFA’s acquisition of Additional Properties, except those costs and expenses actually and properly incurred solely due to an IFA Change. In paying all such costs and expenses, 5.4.5.1 The cost of acquisition services and document preparation; 5.4.5.2 The cost of negotiations; 5.4.5.3 The cost of condemnation proceedings handled by the Attorney General of the State of Indiana through master proceedings, jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production; 5.4.5.4 The purchase prices, master awards, settlements, offers of judgment, court awards or judgments, including pre-judgment and post-judgment interest, costs, and attorney’s fees, or other consideration for interests in real property for all parcels required for the Project or the Work, whether within or outside of the Project Right of Way; 5.4.5.5 The cost of permanent or temporary acquisition of leases, easements, rights of entry, licenses and other interests in real property, including for drainage, temporary work space, Project Specific Locations, and any other convenience of Developer; 5.4.5.6 The cost of permitting; 5.4.5.7 Closing costs associated with parcel acquisitions in accordance with the Uniform Act, IC 32-24-1 et seq. and IFA policies; 5.4.5.8 Relocation assistance payments and costs, in accordance with the Uniform Act and IC 8-23-17-1 et seq. 5.4.6 If IFA incurs any such reasonable costs and expenses on Developer’s behalf, including any related IFA Recoverable Costs, IFA may submit to Developer, not more often than monthly, invoices for such costs and expenses. Developer shall reimburse IFA within thirty (30) days of IFA’s submittal to Developer of each such invoice. In addition to any other remedy, IFA shall have the right to curtail or suspend acquisition activities if Developer for any reason fails to pay any such invoice in full when due. IFA will resume acquisition activities promptly after delinquent amounts are paid in full with interest. 5.4.7 Except for an IFA-Caused Delay under clause (c)(ii) of the definition thereof, Developer shall solely bear the risk of any time and cost impacts to the Work related to IFA’s acquisition of Additional Properties. 5.4.8 Developer shall not negotiate with any owners or occupants of any property, including Additional Properties, with respect to activities under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, P.L. 91-646, as amended. 5.4.9 Neither IFA nor the Department shall be obligated to acquire or exercise its power of eminent domain in connection with Developer's acquisition of any temporary right or interest for Project Specific Locations. Neither IFA nor the Department shall have any obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests; and Developer shall have no obligation to submit acquisition

Project Right of Way Acquisition. ‌ 5.4.1 All Project Right of Way, including Additional Properties other than temporary interests in property for Project Specific Locations, shall be held or acquired, as applicable, in the name of IFA. 5.4.2 IFA has completed, or shall undertake and complete at its own cost and expense, in accordance with Section 17 and Attachment 17-1 of the Technical Provisions, the acquisition of Project Right of Way, except that (a) acquisition of Additional Properties, except those required solely due to an IFA Change, shall be solely at Developer’s expense as more particularly provided in Section 5.4.5 and (b) Developer shall be solely responsible for acquisition of rights in Project Specific Locations, as more particularly provided in Section 5.4.9. 5.4.3 If Developer identifies Additional Properties as permanently needed to construct or maintain the Project, Developer shall submit to IFA in writing a request to acquire the Additional Properties. The request shall include a drawing of the limits necessary for each parcel of Additional Property and the information required under Section 17.1 of the Technical Provisions. The request, drawing and information are subject to IFA’s approval. IFA shall undertake and complete acquisition of Additional Properties, including undertaking eminent domain proceedings, if necessary, after IFA approves Developer’s written request, drawing and information for the requested Additional Properties. 5.4.4 IFA shall not be obligated to approve a request for acquisition of any other Additional Property where, in IFA’s good faith judgment, (a) to do so would materially adversely affect political, community or public relations, or (b) successful timely completion of the acquisition is not likely. Within fourteen (14) days after receipt of a written request from Developer identifying an Additional Property for acquisition, IFA will state in writing to Developer whether IFA regards acquisition (whether by negotiation or condemnation) of the Additional Property as potentially materially adversely affecting political, community or public relations, or regards successful timely acquisition as not likely. No such statement, or lack thereof, shall preclude IFA from later changing its determination based on changed political, community or public relations events or circumstances. 5.4.5 Developer shall be responsible for all costs and expenses associated with IFA’s acquisition of Additional Properties, except those costs and expenses actually and properly incurred solely due to an IFA Change. In paying all such costs and expenses,, Developer is not acquiring, and shall not be deemed to be acquiring, any interest in real property for Developer. Such costs and expenses include: 5.4.5.1 The cost of acquisition services and document preparation; 5.4.5.2 The cost of negotiations; 5.4.5.3 The cost of condemnation proceedings handled by the Attorney General of the State of Indiana through master proceedings, jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production; 5.4.5.4 The purchase prices, master awards, settlements, offers of judgment, court awards or judgments, including pre-judgment and post-judgment interest, costs, and attorney’s fees, or other consideration for interests in real property for all parcels required for the Project or the Work, whether within or outside of the Project Right of Way; 5.4.5.5 The cost of permanent or temporary acquisition of leases, easements, rights of entry, licenses and other interests in real property, including for drainage, temporary work space, Project Specific Locations, and any other convenience of Developer; 5.4.5.6 The cost of permitting; 5.4.5.7 Closing costs associated with parcel acquisitions in accordance with the Uniform Act, IC 32-24-1 et seq. and IFA policies; 5.4.5.8 Relocation assistance payments and costs, in accordance with the Uniform Act and IC 8-23-17-1 et seq. 5.4.6 If IFA incurs any such reasonable costs and expenses on Developer’s behalf, including any related IFA Recoverable Costs, IFA may submit to Developer, not more often than monthly, invoices for such costs and expenses. Developer shall reimburse IFA within thirty (30) days of IFA’s submittal to Developer of each such invoice. In addition to any other remedy, IFA shall have the right to curtail or suspend acquisition activities if Developer for any reason fails to pay any such invoice in full when due. IFA will resume acquisition activities promptly after delinquent amounts are paid in full with interest. 5.4.7 Except for an IFA-Caused Delay under clause (c)(ii) of the definition thereof, Developer shall solely bear the risk of any time and cost impacts to the Work related to IFA’s acquisition of Additional Properties. 5.4.8 Developer shall not negotiate with any owners or occupants of any property, including Additional Properties, with respect to activities under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, P.L. 91-646, as amended. 5.4.9 Neither IFA nor the Department shall be obligated to acquire or exercise its power of eminent domain in connection with Developer's acquisition of any temporary right or interest for Project Specific Locations. Neither IFA nor the Department shall have any obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests; and Developer shall have no obligation to submit acquisitionacquisition packages to IFA for, or obtain IFA’s approval of Developer’s acquisition of, any such temporary right or interest.

Project Right of Way Acquisition. ‌ 5.4.1 All Project Right of Way, including Additional Properties other than temporary interests in property for Project Specific Locations, shall be held or acquired, as applicable, in the name of IFA, as joint tenant with KPTIA. 5.4.2 IFA or KPTIA, as applicable, has completed, or shall undertake and complete at its own cost and expense, in accordance with Section 17 21 and Attachment 1721-1 of the Technical Provisions, the acquisition of Project Right of Way, except that (a) acquisition of Additional Properties, except those required solely due to an IFA Change, shall be solely at Developer’s expense as more particularly provided in Section 5.4.5 and (b) Developer shall be solely responsible for acquisition of rights in Project Specific Locations, as more particularly provided in Section 5.4.9. 5.4.3 If Developer identifies Additional Properties as permanently needed to construct or maintain the ProjectEast End Crossing, Developer shall submit to IFA in writing a request to acquire the Additional Properties. The request shall include a drawing of the limits necessary for each parcel of Additional Property and the information required under Section 17.1 21.1 of the Technical Provisions. The request, drawing and information are subject to IFA’s approval. IFA shall undertake and complete acquisition of Additional Properties, including undertaking eminent domain proceedings, if necessary, after IFA approves Developer’s written request, drawing and information for the requested Additional Properties. 5.4.4 IFA shall not be obligated to approve a request for acquisition of any other Additional Property where, in IFA’s good faith judgment, (a) to do so would materially adversely affect political, community or public relations, or (b) successful timely completion of the acquisition is not likely. Within fourteen (14) days after receipt of a written request from Developer identifying an Additional Property for acquisition, IFA will state in writing to Developer whether IFA regards acquisition (whether by negotiation or condemnation) of the Additional Property as potentially materially adversely affecting political, community or public relations, or regards successful timely acquisition as not likely. No such statement, or lack thereof, shall preclude IFA from later changing its determination based on changed political, community or public relations events or circumstances.adversely 5.4.5 Developer shall be responsible for all costs and expenses associated with IFA’s acquisition of Additional Properties, except those costs and expenses actually and properly incurred solely due to an IFA Change. In paying all such Such costs and expenses,expenses include: 5.4.5.1 The cost of acquisition services and document preparation; 5.4.5.2 The cost of negotiations; 5.4.5.3 The cost of condemnation proceedings handled by the Attorney General of the State of Indiana or KYTC, as applicable, through master proceedings, jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production; 5.4.5.4 The purchase prices, master awards, settlements, offers of judgment, court awards or judgments, including pre-judgment and post-judgment interest, costs, and attorney’s fees, or other consideration for interests in real property for all parcels required for the Project East End Crossing or the Work, whether within or outside of the Project Right of Way; 5.4.5.5 The cost of permanent or temporary acquisition of leases, easements, rights of entry, licenses and other interests in real property, including for drainage, temporary work space, Project Specific Locations, and any other convenience of Developer; 5.4.5.6 The cost of permitting; 5.4.5.7 Closing costs associated with parcel acquisitions in accordance with the Uniform Act, IC 32-24-1 et seq. and IFA policies; 5.4.5.8 Relocation assistance payments and costs, in accordance with the Uniform Act and IC 8-23-17-1 et seq. 5.4.6 If IFA incurs any such reasonable costs and expenses on Developer’s behalf, including any related IFA Recoverable Costs, IFA may submit to Developer, not more often than monthly, invoices for such costs and expenses. Developer shall reimburse IFA within thirty (30) 30 days of IFA’s submittal to Developer of each such invoice. In addition to any other remedy, IFA shall have the right to curtail or suspend acquisition activities if Developer for any reason fails to pay any such invoice in full when due. IFA will resume acquisition activities promptly after delinquent amounts are paid in full with interest. 5.4.7 Except for an IFA-Caused Delay under clause (c)(ii) of the definition thereof, Developer shall solely bear the risk of any time and cost impacts to the Work related to IFA’s acquisition of Additional Properties. 5.4.8 Developer shall not negotiate with any owners or occupants of any property, including Additional Properties, with respect to activities under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, P.L. 91-646, as amended. 5.4.9 Neither IFA nor the Department shall be obligated to acquire or exercise its power of eminent domain in connection with Developer's acquisition of any temporary right or interest for Project Specific Locations. Neither IFA nor the Department shall have any obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests; and Developer shall have no obligation to submit acquisitionacquisition packages to IFA for, or obtain IFA’s approval of Developer’s acquisition of, any such temporary right or interest.

Project Right of Way Acquisition. ‌ 5.4.1 All Project Right of Way, including Additional Properties other than temporary interests in property for Project Specific Locations, shall be held or acquired, as applicable, in the name of IFA, as joint tenant with KPTIA. 5.4.2 IFA or KPTIA, as applicable, has completed, or shall undertake and complete at its own cost and expense, in accordance with Section 17 21 and Attachment 1721-1 of the Technical Provisions, the acquisition of Project Right of Way, except that (a) acquisition of Additional Properties, except those required solely due to an IFA Change, shall be solely at Developer’s expense as more particularly provided in Section 5.4.5 and (b) Developer shall be solely responsible for acquisition of rights in Project Specific Locations, as more particularly provided in Section 5.4.9. 5.4.3 If Developer identifies Additional Properties as permanently needed to construct or maintain the ProjectEast End Crossing, Developer shall submit to IFA in writing a request to acquire the Additional Properties. The request shall include a drawing of the limits necessary for each parcel of Additional Property and the information required under Section 17.1 21.1 of the Technical Provisions. The request, drawing and information are subject to IFA’s approval. IFA shall undertake and complete acquisition of Additional Properties, including undertaking eminent domain proceedings, if necessary, after IFA approves Developer’s written request, drawing and information for the requested Additional Properties. 5.4.4 IFA shall not be obligated to approve a request for acquisition of any other Additional Property where, in IFA’s good faith judgment, (a) to do so would materially adversely affect political, community or public relations, or (b) successful timely completion of the acquisition is not likely. Within fourteen (14) days after receipt of a written request from Developer identifying an Additional Property for acquisition, IFA will state in writing to Developer whether IFA regards acquisition (whether by negotiation or condemnation) of the Additional Property as potentially materially adversely affecting political, community or public relations, or regards successful timely acquisition as not likely. No such statement, or lack thereof, shall preclude IFA from later changing its determination based on changed political, community or public relations events or circumstances. 5.4.5 Developer shall be responsible for all costs and expenses associated with IFA’s acquisition of Additional Properties, except those costs and expenses actually and properly incurred solely due to an IFA Change. In paying all such costs and expenses,, Developer is not acquiring, and shall not be deemed to be acquiring, any interest in real property for Developer. Such costs and expenses include: 5.4.5.1 The cost of acquisition services and document preparation; 5.4.5.2 The cost of negotiations; 5.4.5.3 The cost of condemnation proceedings handled by the Attorney General of the State of Indiana or KYTC, as applicable, through master proceedings, jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production; 5.4.5.4 The purchase prices, master awards, settlements, offers of judgment, court awards or judgments, including pre-judgment and post-judgment interest, costs, and attorney’s fees, or other consideration for interests in real property for all parcels required for the Project East End Crossing or the Work, whether within or outside of the Project Right of Way; 5.4.5.5 The cost of permanent or temporary acquisition of leases, easements, rights of entry, licenses and other interests in real property, including for drainage, temporary work space, Project Specific Locations, and any other convenience of Developer; 5.4.5.6 The cost of permitting; 5.4.5.7 Closing costs associated with parcel acquisitions in accordance with the Uniform Act, IC 32-24-1 et seq. and IFA policies; 5.4.5.8 Relocation assistance payments and costs, in accordance with the Uniform Act and IC 8-23-17-1 et seq. 5.4.6 If IFA incurs any such reasonable costs and expenses on Developer’s behalf, including any related IFA Recoverable Costs, IFA may submit to Developer, not more often than monthly, invoices for such costs and expenses. Developer shall reimburse IFA within thirty (30) days of IFA’s submittal to Developer of each such invoice. In addition to any other remedy, IFA shall have the right to curtail or suspend acquisition activities if Developer for any reason fails to pay any such invoice in full when due. IFA will resume acquisition activities promptly after delinquent amounts are paid in full with interest. 5.4.7 Except for an IFA-Caused Delay under clause (c)(ii) of the definition thereof, Developer shall solely bear the risk of any time and cost impacts to the Work related to IFA’s acquisition of Additional Properties. 5.4.8 Developer shall not negotiate with any owners or occupants of any property, including Additional Properties, with respect to activities under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, P.L. 91-646, as amended. 5.4.9 Neither IFA nor the Department shall be obligated to acquire or exercise its power of eminent domain in connection with Developer's acquisition of any temporary right or interest for Project Specific Locations. Neither IFA nor the Department shall have any obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests; and Developer shall have no obligation to submit acquisitionany

Project Right of Way Acquisition. ‌ 5.4.1 All Project Right of Way, including Additional Properties other than temporary interests in property for Project Specific Locations, shall be held or acquired, as applicable, in the name of IFA, as joint tenant with KPTIA. 5.4.2 IFA or KPTIA, as applicable, has completed, or shall undertake and complete at its own cost and expense, in accordance with Section 17 21 and Attachment 1721-1 of the Technical Provisions, the acquisition of Project Right of Way, except that (a) acquisition of Additional Properties, except those required solely due to an IFA Change, shall be solely at Developer’s expense as more particularly provided in Section 5.4.5 and (b) Developer shall be solely responsible for acquisition of rights in Project Specific Locations, as more particularly provided in Section 5.4.9. 5.4.3 If Developer identifies Additional Properties as permanently needed to construct or maintain the ProjectEast End Crossing, Developer shall submit to IFA in writing a request to acquire the Additional Properties. The request shall include a drawing of the limits necessary for each parcel of Additional Property and the information required under Section 17.1 21.1 of the Technical Provisions. The request, drawing and information are subject to IFA’s approval. IFA shall undertake and complete acquisition of Additional Properties, including undertaking eminent domain proceedings, if necessary, after IFA approves Developer’s written request, drawing and information for the requested Additional Properties. 5.4.4 IFA shall not be obligated to approve a request for acquisition of any other Additional Property where, in IFA’s good faith judgment, (a) to do so would materially adversely affect political, community or public relations, or (b) successful timely completion of the acquisition is not likely. Within fourteen (14) 14 days after receipt of a written request from Developer identifying an Additional Property for acquisition, IFA will state in writing to Developer whether IFA regards acquisition (whether by negotiation or condemnation) of the Additional Property as potentially materially adversely affecting political, community or public relations, or regards successful timely acquisition as not likely. No such statement, or lack thereof, shall preclude IFA from later changing its determination based on changed political, community or public relations events or circumstances. 5.4.5 Developer shall be responsible for all costs and expenses associated with IFA’s acquisition of Additional Properties, except those costs and expenses actually and properly incurred solely due to an IFA Change. In paying all such costs and expenses,, Developer is not acquiring, and shall not be deemed to be acquiring, any interest in real property for Developer. Such costs and expenses include: 5.4.5.1 The cost of acquisition services and document preparation; 5.4.5.2 The cost of negotiations; 5.4.5.3 The cost of condemnation proceedings handled by the Attorney General of the State of Indiana or KYTC, as applicable, through master proceedings, jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production; 5.4.5.4 The purchase prices, master awards, settlements, offers of judgment, court awards or judgments, including pre-judgment and post-judgment interest, costs, and attorney’s fees, or other consideration for interests in real property for all parcels required for the Project East End Crossing or the Work, whether within or outside of the Project Right of Way; 5.4.5.5 The cost of permanent or temporary acquisition of leases, easements, rights of entry, licenses and other interests in real property, including for drainage, temporary work space, Project Specific Locations, and any other convenience of Developer; 5.4.5.6 The cost of permitting; 5.4.5.7 Closing costs associated with parcel acquisitions in accordance with the Uniform Act, IC 32-24-1 et seq. and IFA policies; 5.4.5.8 Relocation assistance payments and costs, in accordance with the Uniform Act and IC 8-23-17-1 et seq. 5.4.6 If IFA incurs any such reasonable costs and expenses on Developer’s behalf, including any related IFA Recoverable Costs, IFA may submit to Developer, not more often than monthly, invoices for such costs and expenses. Developer shall reimburse IFA within thirty (30) 30 days of IFA’s submittal to Developer of each such invoice. In addition to any other remedy, IFA shall have the right to curtail or suspend acquisition activities if Developer for any reason fails to pay any such invoice in full when due. IFA will resume acquisition activities promptly after delinquent amounts are paid in full with interest. 5.4.7 Except for an IFA-Caused Delay under clause (c)(ii) of the definition thereof, Developer shall solely bear the risk of any time and cost impacts to the Work related to IFA’s acquisition of Additional Properties. 5.4.8 Developer shall not negotiate with any owners or occupants of any property, including Additional Properties, with respect to activities under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, P.L. 91-646, as amended. 5.4.9 Neither IFA nor the Department shall be obligated to acquire or exercise its power of eminent domain in connection with Developer's acquisition of any temporary right or interest for Project Specific Locations. Neither IFA nor the Department shall have any obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests; and Developer shall have no obligation to submit acquisitionacquisition packages to IFA for, or obtain IFA’s approval of Developer’s acquisition of, any such temporary right or interest.

Project Right of Way Acquisition. ‌ 5.4.1 All Project Right of Way, including Additional Properties other than temporary interests in property for Project Specific Locations, shall be held or acquired, as applicable, in the name of IFA, as joint tenant with KPTIA. 5.4.2 IFA or KPTIA, as applicable, has completed, or shall undertake and complete at its own cost and expense, in accordance with Section 17 21 and Attachment 1721-1 of the Technical Provisions, the acquisition of Project Right of Way, except that (a) acquisition of Additional Properties, except those required solely due to an IFA Change, shall be solely at Developer’s expense as more particularly provided in Section 5.4.5 and (b) Developer shall be solely responsible for acquisition of rights in Project Specific Locations, as more particularly provided in Section 5.4.9. 5.4.3 If Developer identifies Additional Properties as permanently needed to construct or maintain the ProjectEast End Crossing, Developer shall submit to IFA in writing a request to acquire the Additional Properties. The request shall include a drawing of the limits necessary for each parcel of Additional Property and the information required under Section 17.1 21.1 of the Technical Provisions. The request, drawing and information are subject to IFA’s approval. IFA shall undertake and complete acquisition of Additional Properties, including undertaking eminent domain proceedings, if necessary, after IFA approves Developer’s written request, drawing and information for the requested Additional Properties. 5.4.4 IFA shall not be obligated to approve a request for acquisition of any other Additional Property where, in IFA’s good faith judgment, (a) to do so would materially adversely affect political, community or public relations, or (b) successful timely completion of the acquisition is not likely. Within fourteen (14) 14 days after receipt of a written request from Developer identifying an Additional Property for acquisition, IFA will state in writing to Developer whether IFA regards acquisition (whether by negotiation or condemnation) of the Additional Property as potentially materially adversely affecting political, community or public relations, or regards successful timely acquisition as not likely. No such statement, or lack thereof, shall preclude IFA from later changing its determination based on changed political, community or public relations events or circumstances.as 5.4.5 Developer shall be responsible for all costs and expenses associated with IFA’s acquisition of Additional Properties, except those costs and expenses actually and properly incurred solely due to an IFA Change. In paying all such costs and expenses,, Developer is not acquiring, and shall not be deemed to be acquiring, any interest in real property for Developer. Such costs and expenses include: 5.4.5.1 The cost of acquisition services and document preparation; 5.4.5.2 The cost of negotiations; 5.4.5.3 The cost of condemnation proceedings handled by the Attorney General of the State of Indiana or KYTC, as applicable, through master proceedings, jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production; 5.4.5.4 The purchase prices, master awards, settlements, offers of judgment, court awards or judgments, including pre-judgment and post-judgment interest, costs, and attorney’s fees, or other consideration for interests in real property for all parcels required for the Project East End Crossing or the Work, whether within or outside of the Project Right of Way; 5.4.5.5 The cost of permanent or temporary acquisition of leases, easements, rights of entry, licenses and other interests in real property, including for drainage, temporary work space, Project Specific Locations, and any other convenience of Developer; 5.4.5.6 The cost of permitting; 5.4.5.7 Closing costs associated with parcel acquisitions in accordance with the Uniform Act, IC 32-24-1 et seq. and IFA policies; 5.4.5.8 Relocation assistance payments and costs, in accordance with the Uniform Act and IC 8-23-17-1 et seq. 5.4.6 If IFA incurs any such reasonable costs and expenses on Developer’s behalf, including any related IFA Recoverable Costs, IFA may submit to Developer, not more often than monthly, invoices for such costs and expenses. Developer shall reimburse IFA within thirty (30) 30 days of IFA’s submittal to Developer of each such invoice. In addition to any other remedy, IFA shall have the right to curtail or suspend acquisition activities if Developer for any reason fails to pay any such invoice in full when due. IFA will resume acquisition activities promptly after delinquent amounts are paid in full with interest. 5.4.7 Except for an IFA-Caused Delay under clause (c)(ii) of the definition thereof, Developer shall solely bear the risk of any time and cost impacts to the Work related to IFA’s acquisition of Additional Properties. 5.4.8 Developer shall not negotiate with any owners or occupants of any property, including Additional Properties, with respect to activities under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, P.L. 91-646, as amended. 5.4.9 Neither IFA nor the Department shall be obligated to acquire or exercise its power of eminent domain in connection with Developer's acquisition of any temporary right or interest for Project Specific Locations. Neither IFA nor the Department shall have any obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests; and Developer shall have no obligation to submit acquisitionacquisition packages to IFA for, or obtain IFA’s approval of Developer’s acquisition of, any such temporary right or interest.

Project Right of Way Acquisition. ‌ 5.4.1 All Project Right of Way, including Additional Properties other than temporary interests in property for Project Specific Locations, shall be held or acquired, as applicable, in the name of IFA. 5.4.2 IFA has completed, or shall undertake and complete at its own cost and expense, in accordance with Section 17 and Attachment 17-1 of the Technical Provisions, the acquisition of Project Right of Way, except that (a) acquisition of Additional Properties, except those required solely due to an IFA Change, shall be solely at Developer’s expense as more particularly provided in Section 5.4.5 and (b) Developer shall be solely responsible for acquisition of rights in Project Specific Locations, as more particularly provided in Section 5.4.9. 5.4.3 If Developer identifies Additional Properties as permanently needed to construct or maintain the Project, Developer shall submit to IFA in writing a request to acquire the Additional Properties. The request shall include a drawing of the limits necessary for each parcel of Additional Property and the information required under Section 17.1 of the Technical Provisions. The request, drawing and information are subject to IFA’s approval. IFA shall undertake and complete acquisition of Additional Properties, including undertaking eminent domain proceedings, if necessary, after IFA approves Developer’s written request, drawing and information for the requested Additional Properties. 5.4.4 IFA shall not be obligated to approve a request for acquisition of any other Additional Property where, in IFA’s good faith judgment, (a) to do so would materially adversely affect political, community or public relations, or (b) successful timely completion of the acquisition is not likely. Within fourteen (14) days after receipt of a written request from Developer identifying an Additional Property for acquisition, IFA will state in writing to Developer whether IFA regards acquisition (whether by negotiation or condemnation) of the Additional Property as potentially materially adversely affecting political, community or public relations, or regards successful timely acquisition as not likely. No such statement, or lack thereof, shall preclude IFA from later changing its determination based on changed political, community or public relations events or circumstances. 5.4.5 Developer shall be responsible for all costs and expenses associated with IFA’s acquisition of Additional Properties, except those costs and expenses actually and properly incurred solely due to an IFA Change. In paying all such costs and expenses,, Developer is not acquiring, and shall not be deemed to be acquiring, any interest in real property for Developer. Such costs and expenses include: 5.4.5.1 The cost of acquisition services and document preparation; 5.4.5.2 The cost of negotiations; 5.4.5.3 The cost of condemnation proceedings handled by the Attorney General of the State of Indiana through master proceedings, jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production; 5.4.5.4 The purchase prices, master awards, settlements, offers of judgment, court awards or judgments, including pre-judgment and post-post- judgment interest, costs, and attorney’s fees, or other consideration for interests in real property for all parcels required for the Project or the Work, whether within or outside of the Project Right of Way; 5.4.5.5 The cost of permanent or temporary acquisition of leases, easements, rights of entry, licenses and other interests in real property, including for drainage, temporary work space, Project Specific Locations, and any other convenience of Developer; 5.4.5.6 The cost of permitting; 5.4.5.7 Closing costs associated with parcel acquisitions in accordance with the Uniform Act, IC 32-24-1 et seq. and IFA policies; 5.4.5.8 Relocation assistance payments and costs, in accordance with the Uniform Act and IC 8-23-17-1 et seq. 5.4.6 If IFA incurs any such reasonable costs and expenses on Developer’s behalf, including any related IFA Recoverable Costs, IFA may submit to Developer, not more often than monthly, invoices for such costs and expenses. Developer shall reimburse IFA within thirty (30) days of IFA’s submittal to Developer of each such invoice. In addition to any other remedy, IFA shall have the right to curtail or suspend acquisition activities if Developer for any reason fails to pay any such invoice in full when due. IFA will resume acquisition activities promptly after delinquent amounts are paid in full with interest.any 5.4.7 Except for an IFA-Caused Delay under clause (c)(ii) of the definition thereof, Developer shall solely bear the risk of any time and cost impacts to the Work related to IFA’s acquisition of Additional Properties. 5.4.8 Developer shall not negotiate with any owners or occupants of any property, including Additional Properties, with respect to activities under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, P.L. 91-646, as amended. 5.4.9 Neither IFA nor the Department shall be obligated to acquire or exercise its power of eminent domain in connection with Developer's acquisition of any temporary right or interest for Project Specific Locations. Neither IFA nor the Department shall have any obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests; and Developer shall have no obligation to submit acquisitionacquisition packages to IFA for, or obtain IFA’s approval of Developer’s acquisition of, any such temporary right or interest.