Common use of Real Property Interests Clause in Contracts

Real Property Interests. (a) The Owner has provided, or upon execution of this Agreement shall promptly provide to the Developer and the Design-Build Contractor, documentation acceptable to TxDOT indicating any right, title or interest in real property claimed by the Owner with respect to the Owner Utilities in their existing location(s). Such claims are subject to TxDOT’s approval as part of its review of the Design-Build Contractor’s Utility Assembly as described in Paragraph 2. Claims approved by TxDOT as to rights or interests are referred to herein as “Existing Interests”. (b) If acquisition of any new easement or other interest in real property (“New Interest”) is necessary for the Adjustment of any Owner Utilities, then the Owner shall be responsible for undertaking such acquisition. The Owner shall implement each acquisition hereunder expeditiously so that related Adjustment construction can proceed in accordance with the Developer’s and the Design-Build Contractor’s Facility schedules. The Design-Build Contractor shall be responsible for its share (if any, as specified in Paragraph 6) of the actual and reasonable acquisition costs of any such New Interest (including without limitation the Owner’s reasonable overhead charges and reasonable legal costs as well as compensation paid to the landowner), excluding any costs attributable to Betterment as described in Paragraph 16(c), and subject to the provisions of Paragraph 16(e); provided, however, that all acquisition costs shall be subject to the Design-Build Contractor’s prior written approval. Eligible acquisition costs shall be segregated from other costs on the Owner's estimates and invoices. Any such New Interest shall have a written valuation and shall be acquired in accordance with applicable law. (c) The Design-Build Contractor shall pay its share only for a replacement in kind of an Existing Interest (e.g., in width and type), unless a New Interest exceeding such standard (i) is required in order to accommodate the Facility or by compliance with applicable law, or (ii) is called for by the Design-Build Contractor in the interest of overall Facility economy. Any New Interest which is not the Design-Builder’s cost responsibility pursuant to the preceding sentence shall be considered a Betterment to the extent that it upgrades the Existing Interest which it replaces, or in its entirety if the related Owner Utility was not installed pursuant to an Existing Interest. Betterment costs shall be solely the Owner’s responsibility. (d) For each Existing Interest located within the final Facility right of way, upon completion of the related Adjustment work and its acceptance by the Owner, the Owner agrees to execute a quitclaim deed or other appropriate documentation relinquishing such Existing Interest to TxDOT, unless the affected Owner Utility is remaining in its original location or is being reinstalled in a new location within the area subject to such Existing Interest. All quitclaim deeds or other relinquishment documents shall be subject to TxDOT's approval as part of its review of the Utility Assembly as described in Paragraph 2. For each such Existing Interest relinquished by the Owner, the Design-Build Contractor shall do one of the following to compensate the Owner for such Existing Interest, as appropriate: (i) If the Owner acquires a New Interest for the affected Owner Utility, the Design- Build Contractor shall reimburse the Owner for the Design-Build Contractor’s share of the Owner’s actual and reasonable acquisition costs in accordance with Paragraph 16(b) and subject to Paragraph 16(c); or (ii) If the Owner does not acquire a New Interest for the affected Owner Utility, the Design-Build Contractor shall compensate the Owner for the Design-Build Contractor’s share of the fair market value of such relinquished Existing Interest, as mutually agreed between the Owner and the Design-Build Contractor and supported by a written valuation. The compensation, if any, provided to the Owner pursuant to either subparagraph (i) or subparagraph (ii) above shall constitute complete compensation to the Owner for the relinquished Existing Interest and any New Interest, and no further compensation shall be due to the Owner from the Developer, the Design-Build Contractor or TxDOT on account of such Existing Interest or New Interest(s). (e) The Owner shall execute a Utility Joint Use Acknowledgment (TxDOT-U-80A) for each Adjustment where required pursuant to TxDOT policies. All Utility Joint Use Acknowledgments shall be subject to TxDOT approval as part of its review of the Utility Assembly as described in Paragraph 2.

Real Property Interests. (a) The Owner has provided, or upon execution of this Agreement shall promptly provide to the Developer and the Design-Build DB Contractor, documentation acceptable to TxDOT indicating any right, title or interest in real property claimed by the Owner with respect to the Owner Utilities Utility(ies) in their existing location(s). Such claims are subject to TxDOT’s approval as part of its review of the Design-Build DB Contractor’s Utility Assembly as described in Paragraph 2. Claims approved by TxDOT as to rights or interests are referred to herein as “Existing Utility Property Interests”. (b) If acquisition of any new easement or other interest in real property (“New Replacement Utility Property Interest”) is necessary for the Adjustment of any Owner UtilitiesUtility(ies), then the Owner shall be responsible for undertaking such acquisition. The Owner shall implement each acquisition hereunder expeditiously so that related Adjustment construction can proceed in accordance with the Developer’s and the Design-Build DB Contractor’s Facility Project schedules. The Design-Build DB Contractor shall be responsible for its share (if any, as specified in Paragraph 6) of the actual and reasonable acquisition costs of any such New Replacement Utility Property Interest (including without limitation the Owner’s reasonable overhead charges and reasonable legal costs as well as compensation paid to the landowner), excluding any costs attributable to Betterment as described in Paragraph 16(c), and subject to the provisions of Paragraph 16(e); provided, however, that all acquisition costs shall be subject to the Design-Build DB Contractor’s prior written approval. Eligible acquisition costs shall be segregated from other costs on the Owner's estimates and invoices. Any such New Replacement Utility Property Interest shall have a written valuation and shall be acquired in accordance with applicable lawLaw. (c) The Design-Build DB Contractor shall pay its share only for a replacement in kind of an Existing Utility Property Interest (e.g., in width and type), unless a New Replacement Utility Property Interest exceeding such standard: (i1) is Is required in order to accommodate the Facility Project or by compliance with applicable law, or Law; or (ii2) is Is called for by the Design-Build DB Contractor in the interest of overall Facility Project economy. Any New Replacement Utility Property Interest which is not the Design-BuilderDB Contractor’s cost responsibility pursuant to the preceding sentence shall be considered a Betterment to the extent that it upgrades the Existing Utility Property Interest which it replaces, or in its entirety if the related Owner Utility was not installed pursuant to an Existing Utility Property Interest. Betterment costs shall be solely the Owner’s responsibility. (d) For each Existing Utility Property Interest located within the final Facility Project right of way, upon completion of the related Adjustment work and its acceptance by the Owner, the Owner agrees to execute a quitclaim deed or other appropriate documentation relinquishing such Existing Utility Property Interest to TxDOT, unless the affected Owner Utility is remaining in its original location or is being reinstalled in a new location within the area subject to such Existing Utility Property Interest. All quitclaim deeds or other relinquishment documents shall be subject to TxDOT's approval as part of its review of the Utility Assembly as described in Paragraph 2. For each such Existing Utility Property Interest relinquished by the Owner, the Design-Build DB Contractor shall do one (1) of the following to compensate the Owner for such Existing Utility Property Interest, as appropriate: (i1) If the Owner acquires a New Replacement Utility Property Interest for the affected Owner Utility, the Design- Build DB Contractor shall reimburse the Owner for the Design-Build DB Contractor’s share of the Owner’s actual and reasonable acquisition costs in accordance with Paragraph 16(b) and subject to Paragraph 16(c); or (ii2) If the Owner does not acquire a New Replacement Utility Property Interest for the affected Owner Utility, the Design-Build DB Contractor shall compensate the Owner for the Design-Build DB Contractor’s share of the fair market value of such relinquished Existing Utility Property Interest, as mutually agreed between the Owner and the Design-Build DB Contractor and supported by a written valuation. The compensation, if any, provided to the Owner pursuant to either subparagraph (i) or subparagraph (ii) above shall constitute complete compensation to the Owner for the relinquished Existing Utility Property Interest and any New Replacement Utility Property Interest, and no further compensation shall be due to the Owner from the Developer, the Design-Build DB Contractor or TxDOT on account of such Existing Utility Property Interest or New Interest(s)Replacement Utility Property Interest. (e) The Owner shall execute a Utility Joint Use Acknowledgment (TxDOT-U-80A) for each Adjustment where required pursuant to TxDOT policies. All Utility Joint Use Acknowledgments (UJUA) or Utility Installation Requests (UIR), Form 1082 shall be subject to TxDOT approval as part of its review of the Utility Assembly as described in Paragraph 2. A Utility Joint Use Acknowledgment is required where an Existing Utility Property Interest exists and the existing or proposed Utility will remain or be adjusted within the boundaries of the Existing Utility Property Interest. All other accommodations not located on Existing Utility Property Interests will require a Utility Installation Request, Form 1082.

Real Property Interests. (a) The Owner has provided, or upon execution of this Agreement shall promptly provide to the Developer and the Design-Build Contractor, documentation acceptable to TxDOT indicating any right, title or interest in real property claimed by the Owner with respect to the Owner Utilities in their existing location(s). Such claims are subject to TxDOT’s approval as part of its review of the Design-Developer and Design- Build Contractor’s Contractor Utility Assembly as described in Paragraph 2. Claims approved by TxDOT as to rights or interests are referred to herein as “Existing Interests”. (b) If acquisition of any new easement or other interest in real property (“New Interest”) is necessary for the Adjustment of any Owner Utilities, then the Owner shall be responsible for undertaking such acquisition. The Owner shall implement each acquisition hereunder expeditiously so that related Adjustment construction can proceed in accordance with the Developer’s and the Design-Design- Build Contractor’s Facility schedules. The Design-Build Contractor shall be responsible for its share (if any, as specified in Paragraph 64) of the actual and reasonable acquisition costs of any such New Interest (including without limitation the Owner’s reasonable overhead charges and reasonable legal costs as well as compensation paid to the landowner), excluding any costs attributable to Betterment as described in Paragraph 16(c15(c), and subject to the provisions of Paragraph 16(e15(e); provided, however, that all acquisition costs shall be subject to the Design-Build Contractor’s prior written approval. Eligible acquisition costs shall be segregated from other costs on the Owner's estimates and invoices. Any such New Interest shall have a written valuation and shall be acquired in accordance with applicable law. (c) The Design-Build Contractor shall pay its share only for a replacement in kind of an Existing Interest (e.g., in width and type), unless a New Interest exceeding such standard standard (i) is required in order to accommodate the Facility or by compliance with applicable law, or (ii) is called for by the Design-Build Contractor in the interest of overall Facility economy. Any New Interest which is not the Design-BuilderBuild Contractor’s cost responsibility pursuant to the preceding sentence shall be considered a Betterment to the extent that it upgrades the Existing Interest which it replaces, or in its entirety if the related Owner Utility was not installed pursuant to an Existing Interest. Betterment costs shall be solely the Owner’s responsibility. (d) For each Existing Interest located within the final Facility right of way, upon completion of the related Adjustment work and its acceptance by the Owner, the Owner agrees to execute a quitclaim deed or other appropriate documentation relinquishing such Existing Interest to TxDOT, unless the affected Owner Utility is remaining in its original location or is being reinstalled in a new location within the area subject to such Existing Interest. All quitclaim deeds or other relinquishment documents shall be subject to TxDOT's approval as part of its review of the Utility Assembly as described in Paragraph 2. For each such Existing Interest relinquished by the Owner, the Design-Build Contractor shall do one of the following to compensate the Owner for such Existing Interest, as appropriate: (i) If the Owner acquires a New Interest for the affected Owner Utility, the Design- Design-Build Contractor shall reimburse the Owner for the Design-Build Contractor’s share of the Owner’s actual and reasonable acquisition costs in accordance with Paragraph 16(b) and 15(b), subject to Paragraph 16(c15(c); or (ii) If the Owner does not acquire a New Interest for the affected Owner Utility, the Design-Build Contractor shall compensate the Owner for the Design-Design- Build Contractor’s share of the fair market value of such relinquished Existing Interest, as mutually agreed between the Owner and the Design-Build Contractor and supported by a written valuation. The compensation, if any, compensation provided to the Owner pursuant to either subparagraph (i) or subparagraph (ii) above shall constitute complete compensation to the Owner for the relinquished Existing Interest and any New Interest, and no further compensation shall be due to the Owner from the Developer, the Design-Build Contractor or TxDOT on account of such Existing Interest or New Interest(s). (ef) The Owner shall execute a Utility Joint Use Acknowledgment (TxDOT-U-80A) for each Adjustment where required pursuant to TxDOT policies. All Utility Joint Use Acknowledgments shall be subject to TxDOT approval as part of its review of the Utility Assembly as described in Paragraph 2.

Real Property Interests. (a) The Owner has provided, or upon execution of this Agreement shall promptly provide to the Developer and the Design-Build ContractorDeveloper, documentation acceptable to TxDOT indicating any right, title or interest in real property claimed by the Owner with respect to the Owner Utilities in their existing location(s). Such claims are subject to TxDOT’s approval as part of its review of the Design-Build ContractorDeveloper’s Utility Assembly as described in Paragraph 2. Claims approved by TxDOT as to rights or interests are referred to herein as “Existing Utility Property Interests”. (b) If acquisition of any new easement or other interest in real property (“New Replacement Utility Property Interest”) is necessary for the Adjustment of any Owner Utilities, then the Owner shall be responsible for undertaking such acquisition. The Owner shall implement each acquisition hereunder expeditiously so that related Adjustment construction can proceed in accordance with the Developer’s and the Design-Build Contractor’s Facility Project schedules. The Design-Build Contractor Developer shall be responsible for its share (if any, as specified in Paragraph 6) of the actual and reasonable acquisition costs of any such New Replacement Utility Property Interest (including without limitation the Owner’s reasonable overhead charges and reasonable legal costs as well as compensation paid to the landowner), excluding any costs attributable to Betterment as described in Paragraph 16(c), and subject to the provisions of Paragraph 16(e); provided, however, that all acquisition costs shall be subject to the Design-Build ContractorDeveloper’s prior written approval. Eligible acquisition costs shall be segregated from other costs on the Owner's estimates and invoices. Any such New Replacement Utility Property Interest shall have a written valuation and shall be acquired in accordance with applicable lawLaw. (c) The Design-Build Contractor Developer shall pay its share only for a replacement in kind of an Existing Utility Property Interest (e.g., in width and type), unless a New Replacement Utility Property Interest exceeding such standard: (i) is Is required in order to accommodate the Facility Project or by compliance with applicable law, or Law; or (ii) is Is called for by the Design-Build Contractor Developer in the interest of overall Facility Project economy. Any New Replacement Utility Property Interest which is not the Design-BuilderDeveloper’s cost responsibility pursuant to the preceding sentence shall be considered a Betterment to the extent that it upgrades the Existing Utility Property Interest which it replaces, or in its entirety if the related Owner Utility was not installed pursuant to an Existing Utility Property Interest. Betterment costs shall be solely the Owner’s responsibility. (d) For each Existing Utility Property Interest located within the final Facility Project right of way, upon completion of the related Adjustment work and its acceptance by the Owner, the Owner agrees to execute a quitclaim deed or other appropriate documentation relinquishing such Existing Utility Property Interest to TxDOT, unless the affected Owner Utility is remaining in its original location or is being reinstalled in a new location within the area subject to such Existing Utility Property Interest. All quitclaim deeds or other relinquishment documents shall be subject to TxDOT's approval as part of its review of the Utility Assembly as described in Paragraph 2. For each such Existing Utility Property Interest relinquished by the Owner, the Design-Build Contractor Developer shall do one (1) of the following to compensate the Owner for such Existing Utility Property Interest, as appropriate: (i) If the Owner acquires a New Replacement Utility Property Interest for the affected Owner Utility, the Design- Build Contractor Developer shall reimburse the Owner for the Design-Build ContractorDeveloper’s share of the Owner’s actual and reasonable acquisition costs in accordance with Paragraph 16(b) and subject to Paragraph 16(c); or (ii) If the Owner does not acquire a New Replacement Utility Property Interest for the affected Owner Utility, the Design-Build Contractor Developer shall compensate the Owner for the Design-Build ContractorDeveloper’s share of the fair market value of such relinquished Existing Utility Property Interest, as mutually agreed between the Owner and the Design-Build Contractor Developer and supported by a written valuation. The compensation, if any, provided to the Owner pursuant to either subparagraph (i) or subparagraph (ii) above shall constitute complete compensation to the Owner for the relinquished Existing Utility Property Interest and any New Replacement Utility Property Interest, and no further compensation shall be due to the Owner from the Developer, the Design-Build Contractor Developer or TxDOT on account of such Existing Utility Property Interest or New Interest(s)Replacement Utility Property Interest. (e) The Owner shall execute a Utility Joint Use Acknowledgment (TxDOT-U-80A) for each Adjustment where required pursuant to TxDOT policies. All Utility Joint Use Acknowledgments (UJUA) or Utility Installation Requests (UIR), Form 1082 shall be subject to TxDOT approval as part of its review of the Utility Assembly as described in Paragraph 2. A Utility Joint Use Acknowledgment is required where an Existing Utility Property Interest exists and the existing or proposed Utility will remain or be adjusted within the boundaries of the Existing Utility Property Interest. All other accommodations not located on Existing Utility Property Interests will require a Utility Installation Request, Form 1082.

Real Property Interests. (a) The Owner has provided, or upon execution of this Agreement shall promptly provide to the Developer and the Design-Build DB Contractor, documentation acceptable to TxDOT indicating any right, title or interest in real property claimed by the Owner with respect to the Owner Utilities in their existing location(s). Such claims are subject to TxDOT’s approval as part of its review of the Design-Build Contractor’s DB Contractor Utility Assembly as described in Paragraph 2. Claims approved by TxDOT as to rights or interests are referred to herein as “Existing Utility Property Interests”. (b) If acquisition of any new easement or other interest in real property (“New Replacement Utility Property Interest”) is necessary for the Adjustment of any Owner UtilitiesUtility(ies), then the Owner shall be responsible for undertaking such acquisition. The Owner shall implement each acquisition hereunder expeditiously so that related Adjustment construction can proceed in accordance with the Developer’s and the Design-Build DB Contractor’s Facility Project schedules. The Design-Build DB Contractor shall be responsible for its share (if any, as specified in Paragraph 64) of the actual and reasonable acquisition costs of any such New Replacement Utility Property Interest (including without limitation the Owner’s reasonable overhead charges and reasonable legal costs as well as compensation paid to the landowner), excluding any costs attributable to a Betterment as described in Paragraph 16(c15(c), and subject to the provisions of Paragraph 16(e15(e); provided, however, that all acquisition costs shall be subject to the Design-Build DB Contractor’s prior written approval. Eligible acquisition costs shall be segregated from other costs on the Owner's ’s estimates and invoices. Any such New Replacement Utility Property Interest shall have a written valuation and shall be acquired in accordance with applicable lawLaw. (c) The Design-Build DB Contractor shall pay its share only for a replacement in kind of an Existing Utility Property Interest (e.g., in width and type), unless a New Replacement Utility Property Interest exceeding such standard: (i1) is Is required in order to accommodate the Facility Project or by compliance with applicable law, or Law; or (ii2) is Is called for by the Design-Build DB Contractor in the interest of overall Facility Project economy. Any New Replacement Utility Property Interest which is not the Design-BuilderDB Contractor’s cost responsibility pursuant to the preceding sentence shall be considered a Betterment to the extent that it upgrades the Existing Utility Property Interest which it replaces, or in its entirety if the related Owner Utility was not installed pursuant to an Existing Utility Property Interest. Betterment costs shall be solely the Owner’s responsibility. (d) For each Existing Utility Property Interest located within the final Facility Project right of way, upon completion of the related Adjustment work and its acceptance by the Owner, the Owner agrees to execute a quitclaim deed or other appropriate documentation relinquishing such Existing Utility Property Interest to TxDOT, unless the affected Owner Utility is remaining in its original location or is being reinstalled in a new location within the area subject to such Existing Utility Property Interest. If the Owner Utility(ies) are remaining within the existing property interest, a Utility Joint Use Acknowledgement will be required. All quitclaim deeds or other relinquishment documents shall be subject to TxDOT's ’s approval as part of its review of the Utility Assembly as described in Paragraph 2. For each such Existing Utility Property Interest relinquished by the Owner, the Design-Build DB Contractor shall do one of the following to compensate the Owner for such Existing Utility Property Interest, as appropriate: (i1) If the Owner acquires a New Replacement Utility Property Interest for the affected Owner Utility, the Design- Build DB Contractor shall reimburse the Owner for the Design-Build DB Contractor’s share of the Owner’s actual and reasonable acquisition costs in accordance with Paragraph 16(b) and 15(b), subject to Paragraph 16(c15(c); or (ii2) If the Owner does not acquire a New Replacement Utility Property Interest for the affected Owner Utility, the Design-Build DB Contractor shall compensate the Owner for the Design-Build DB Contractor’s share of the fair market value of such relinquished Existing Utility Property Interest, as mutually agreed between the Owner and the Design-Build DB Contractor and supported by a written valuation. The compensation, if any, provided to the Owner pursuant to either subparagraph (i) or subparagraph (ii) above shall constitute complete compensation to the Owner for the relinquished Existing Utility Property Interest and any New Replacement Utility Property Interest, and no not further compensation shall be due to the Owner from the Developer, the Design-Build DB Contractor or TxDOT on account of such Existing Utility Property Interest or New Interest(s)Replacement Utility Property Interest. (e) The Owner shall execute a Utility Joint Use Acknowledgment (TxDOT-U-80A) for each Adjustment where required pursuant to TxDOT policies. All Utility Joint Use Acknowledgments (UJUA) or Utility Installation Requests, Form 1082 shall be subject to TxDOT approval as part of its review of the Utility Assembly as described in Paragraph 2. A Utility Joint Use Acknowledgment is required where an Existing Utility Property Interest exists and the existing or proposed Utility will remain or be adjusted within the boundaries of the Existing Utility Property Interest. All other accommodations not located on Existing Utility Property Interests will require a Utility Installation Request, Form 1082.

Real Property Interests. (a) The Owner has provided, or upon execution of this Agreement shall promptly provide to the Developer and the Design-Build DB Contractor, documentation acceptable to TxDOT indicating any right, title or interest in real property claimed by the Owner with respect to the Owner Utilities in their existing location(s). Such claims are subject to TxDOT’s approval as part of its review of the Design-Build Contractor’s DB Contractor Utility Assembly as described in Paragraph 2. Claims approved by TxDOT as to rights or interests are referred to herein as “Existing Utility Property Interests”. (b) If acquisition of any new easement or other interest in real property (“New Replacement Utility Property Interest”) is necessary for the Adjustment of any Owner Utilities, then the Owner shall be responsible for undertaking such acquisition. The Owner shall implement each acquisition hereunder expeditiously so that related Adjustment construction can proceed in accordance with the Developer’s and the Design-Build DB Contractor’s Facility Project schedules. The Design-Build DB Contractor shall be responsible for its share (if any, as specified in Paragraph 64) of the actual and reasonable acquisition costs of any such New Replacement Utility Property Interest (including without limitation the Owner’s reasonable overhead charges and reasonable legal costs as well as compensation paid to the landowner), excluding any costs attributable to Betterment as described in Paragraph 16(c15(c), and subject to the provisions of Paragraph 16(e15(e); provided, however, that all acquisition costs shall be subject to the Design-Build DB Contractor’s prior written approval. Eligible acquisition costs shall be segregated from other costs on the Owner's ’s estimates and invoices. Any such New Replacement Utility Property Interest shall have a written valuation and shall be acquired in accordance with applicable lawLaw. (c) The Design-Build DB Contractor shall pay its share only for a replacement in kind of an Existing Utility Property Interest (e.g., in width and type), unless a New Replacement Utility Property Interest exceeding such standard: (i) is Is required in order to accommodate the Facility Project or by compliance with applicable law, or Law; or (ii) is Is called for by the Design-Build DB Contractor in the interest of overall Facility Project economy. Any New Replacement Utility Property Interest which is not the Design-BuilderDB Contractor’s cost responsibility pursuant to the preceding sentence shall be considered a Betterment to the extent that it upgrades the Existing Utility Property Interest which it replaces, or in its entirety if the related Owner Utility was not installed pursuant to an Existing Utility Property Interest. Betterment costs shall be solely the Owner’s responsibility. (d) For each Existing Utility Property Interest located within the final Facility Project right of way, upon completion of the related Adjustment work and its acceptance by the Owner, the Owner agrees to execute a quitclaim deed or other appropriate documentation relinquishing such Existing Utility Property Interest to TxDOT, unless the affected Owner Utility is remaining in its original location or is being reinstalled in a new location within the area subject to such Existing Utility Property Interest. If the Owner’s facilities are remaining within the existing property interest, a Utility Joint Use Acknowledgement will be required. All quitclaim deeds or other relinquishment documents shall be subject to TxDOT's ’s approval as part of its review of the Utility Assembly as described in Paragraph 2. For each such Existing Interest relinquished by the Owner, the Design-Build Contractor shall do one of the following to compensate the Owner for such Existing Interest, as appropriate: (i) If the Owner acquires a New Interest for the affected Owner Utility, the Design- Build Contractor shall reimburse the Owner for the Design-Build Contractor’s share of the Owner’s actual and reasonable acquisition costs in accordance with Paragraph 16(b) and subject to Paragraph 16(c); or (ii) If the Owner does not acquire a New Interest for the affected Owner Utility, the Design-Build Contractor shall compensate the Owner for the Design-Build Contractor’s share of the fair market value of such relinquished Existing Interest, as mutually agreed between the Owner and the Design-Build Contractor and supported by a written valuation. The compensation, if any, provided to the Owner pursuant to either subparagraph (i) or subparagraph (ii) above shall constitute complete compensation to the Owner for the relinquished Existing Interest and any New Interest, and no further compensation shall be due to the Owner from the Developer, the Design-Build Contractor or TxDOT on account of such Existing Interest or New Interest(s). (e) The Owner shall execute a Utility Joint Use Acknowledgment (TxDOT-U-80A) for each Adjustment where required pursuant to TxDOT policies. All Utility Joint Use Acknowledgments shall be subject to TxDOT approval as part of its review of the Utility Assembly as described in Paragraph 2.Paragraph