Common use of Project Right of Way Acquisition Clause in Contracts

Project Right of Way Acquisition. 7.4.1 TxDOT has completed, or shall undertake and complete at its own cost and expense, the acquisition of Project Right of Way (except Additional Properties), in accordance with Section 7 of the Technical Provisions (including the schedule for acquisition set forth therein). 7.4.2 All Project Right of Way, including Additional Properties other than temporary interests in property for Project Specific Locations, shall be acquired in the name of the State. Developer shall undertake and complete the acquisition of Additional Properties in accordance with Section 7 of the Technical Provisions, the approved Right of Way Acquisition Plan and all applicable Laws relating to such acquisition, including the Uniform Act. Wherever Section 7 of the Technical Provisions purports to impose obligations on Developer for acquisition of “Project Right of Way” or “Project ROW”, it shall be deemed to refer only to Additional Properties. 7.4.3 Developer shall be responsible for all costs and expenses associated with acquiring all Additional Properties, including (a) the cost of acquisition services and document preparation, (b) the cost of condemnation proceedings required by the Office of the Attorney General, from special commissioner’s hearings through 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, (c) the purchase prices, court awards or judgments, and special commissioner’s awards for all parcels required for the Project or the

Project Right of Way Acquisition. 7.4.1 TxDOT has completed, or shall undertake and complete at its own cost and expense, the acquisition of Project Right of Way (except Additional Properties), in accordance with Section 7 of the Technical Provisions (including the schedule for acquisition set forth therein). 7.4.2 All Project Right of Way, including Additional Properties other than temporary interests in property for Project Specific Locations, shall be acquired in the name of the State. Developer shall undertake and complete the acquisition of Additional Properties in accordance with Section 7 of the Technical Provisions, the approved Right of Way Acquisition Plan and all applicable Laws relating to such acquisition, including the Uniform Act. Wherever Section 7 of the Technical Provisions purports to impose obligations on Developer for acquisition of “Project Right of Way” or “Project ROW”, it shall be deemed to refer only to Additional Properties. 7.4.3 Developer shall be responsible for all costs and expenses associated with acquiring all Additional Properties, including (a) the cost of acquisition services and document preparation, (b) the cost of condemnation proceedings required by the Office of the Attorney General, from special commissioner’s hearings through 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, (c) the purchase prices, court awards or judgments, and special commissioner’s awards for all parcels required for the Project or theincluding