Common use of Project Right of Way Acquisition Clause in Contracts

Project Right of Way Acquisition. 4.4.1 The Project shall be situated entirely within the Project Right of Way all of which is either owned by the Department or the Presidio Trust; provided the parties hereby acknowledge that the rehabilitation or replacement work relating to the outfall facility will take place on lands owned by the National Parks Service. If Developer identifies additional Project Right of Way or other lands or property rights as needed to construct Phase II, Developer shall be responsible for all costs incurred by the Department in the acquisition of the additional Project Right of Way or other lands or property rights, and shall bear the sole risk and cost of any time and cost impacts to the Work related to such acquisition. Developer shall sequence and schedule the Work based on the anticipated Project ROW clear dates and dates relating to completion of the acquisition of the other lands or property rights identified in the Contract Documents to avoid and minimize potential impacts to the Work. Subject to Developer’s rights to claim a Relief Event under clause (c) of the definition of Department-Caused Delays, Developer shall not be entitled to submit a claim for Extra Work Costs, Delay Costs, time extensions or other relief for impacts that could have been avoided through proper sequencing and scheduling of the Work. 4.4.2 Developer shall be solely responsible for obtaining any real property that is not Project Right of Way which Developer deems desirable for the Project, including temporary permits and leases needed for construction staging, in accordance with the Contract Documents. 4.4.3 Requests by Developer for any additional right of way, whether permanent or temporary, shall be submitted and processed in accordance with [Section of Division ].