Common use of Recovery Schedule Clause in Contracts

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion by the Substantial Completion Deadline and Final Acceptance by the Final Acceptance Deadline. 4.5.2 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB Contractor’s Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13. 4.5.4 If DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion by the Substantial Completion Deadline and Final Acceptance by the Final Acceptance Deadline. 4.5.2 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ TxDOT of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB Contractor’s Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13. 4.5.4 If DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor Developer may be entitled to a time extension under Section 13), then DB ContractorDeveloper, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB ContractorDeveloper’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion of each Segment and the Project , Final Acceptance of each Segment and Project, completion of the Early Completion Work, and completion of the Toll Zone Work by the Substantial applicable Completion Deadline and Final Acceptance by the Final Acceptance Deadline. 4.5.2 TxDOT shall notify DB Contractor Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven 7 days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB ContractorDeveloper’s Recovery Schedule, DB Contractor Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by DB Contractor Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If DB Contractor Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor Developer shall have no right to receive progress payments until such time as DB Contractor Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If Subject to Section 4.5.2, if at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this AgreementDBA, including Substantial Completion by Completion, completion of the Substantial Completion Deadline Toll Zone Work and Final Acceptance of the Project by the Final Acceptance applicable Completion Deadline. 4.5.2 If DB Contractor has failed to meet any Completion Deadline (as it may be extended under this DBA) by the time required under this DBA, then DB Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to achieve the applicable contractual milestones with as little additional delay as possible. 4.5.3 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ TxDOT of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating resolving TxDOT’s comments. When TxDOT accepts DB Contractor’s Contractor Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 4.5.4 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13Sections 13.2.1.3 or 13.3.2.5. 4.5.4 4.5.5 If DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract DBA Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion by the Substantial Completion Deadline and Final Acceptance of each Facility, by the Final Acceptance applicable Completion Deadline. 4.5.2 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ TxDOT of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB Contractor’s Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT TxDOT, and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 1313.2.1.3 or 13.3.2.5. 4.5.4 If a TxDOT-approved Recovery Schedule is not in place within 30 days from DB Contractor’s submission of a Recovery Schedule in accordance with Section 4.5.1 or if DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor Developer may be entitled to a time extension under Section 13), then DB ContractorDeveloper, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB ContractorDeveloper’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion Completion, Final Acceptance and completion of the Toll Zone Work by the Substantial applicable Completion Deadline and Final Acceptance by the Final Acceptance Deadline. 4.5.2 TxDOT shall notify DB Contractor Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven 7 days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB ContractorDeveloper’s Recovery Schedule, DB Contractor Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by DB Contractor Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If DB Contractor Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor Developer shall have no right to receive progress payments until such time as DB Contractor Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If 3.9.1 Subject to Section 3.9.2, if at any time, the D&C Work on any Critical Path item is delayed for a period which that exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor Developer may be entitled to a time extension under Section 1312), then DB Contractor, upon TxDOT’s request, Developer shall prepare and submit to TxDOT for review and approval with the next Project Status Baseline Schedule Update a Recovery Schedule demonstrating DB ContractorDeveloper’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion by the Substantial Completion Deadline and Final Acceptance of each Phase of the Project by the Final Acceptance applicable Completion Deadline. 4.5.2 3.9.2 If Developer has failed to meet any Completion Deadline (as it may be extended under this Agreement) by the time required under this Agreement, then Developer shall prepare and submit to TxDOT for review and approval with the next Project Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to achieve the applicable contractual milestones with as little additional delay as possible. 3.9.3 TxDOT shall notify DB Contractor Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ TxDOT of the Recovery Schedule, DB Contractor Developer will resubmit a revised Recovery Schedule incorporating resolving TxDOT’s comments. When TxDOT accepts DB ContractorDeveloper’s Recovery Schedule, DB Contractor Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 3.9.4 All costs incurred by DB Contractor Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor Developer and shall not result in a change to the D&C Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the D&C Price is permitted for Acceleration Costs in accordance with Section 13Sections 12.2.1(c) or 12.3.2(e). 4.5.4 3.9.5 If DB Contractor Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor Developer shall have no right to receive progress payments for D&C Work until such time as DB Contractor Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If 3.9.1 Subject to Section 3.9.2, if at any time, the D&C Work on any Critical Path item is delayed for a period which that exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor Developer may be entitled to a time extension under Section 1312), then DB ContractorDeveloper, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Baseline Schedule Update a Recovery Schedule demonstrating DB ContractorDeveloper’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion Completion, Final Acceptance and completion of the Toll Zone Work by the Substantial applicable Completion Deadline and Final Acceptance by the Final Acceptance Deadline. 4.5.2 3.9.2 If Developer has failed to meet any Completion Deadline (as it may be extended under this Agreement) by the time required under this Agreement, then Developer shall prepare and submit to TxDOT for review and approval with the next Project Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to achieve the applicable contractual milestones with as little additional delay as possible. 3.9.3 TxDOT shall notify DB Contractor Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor Developer will resubmit a revised Recovery Schedule incorporating resolving TxDOT’s comments. When TxDOT accepts DB ContractorDeveloper’s Recovery Schedule, DB Contractor Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 3.9.4 All costs incurred by DB Contractor Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor Developer and shall not result in a change to the D&C Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the D&C Price is permitted for Acceleration Costs in accordance with Section 13Sections 12.2.1(c) or 12.3.2(e). 4.5.4 3.9.5 If DB Contractor Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor Developer shall have no right to receive progress payments for D&C Work until such time as DB Contractor Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion by the Substantial Completion Deadline for each Segment and Final Acceptance by the Final Acceptance DeadlineDeadline for the Project. 4.5.2 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB Contractor’s Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.shall

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion by the Substantial Completion Deadline and Final Acceptance of each Facility, by the Final Acceptance applicable Completion Deadline. 4.5.2 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB Contractor’s Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT TxDOT, and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 1313.2.1.3 or 13.3.2.5. 4.5.4 If a TxDOT-approved Recovery Schedule is not in place within 30 days from DB Contractor’s submission of a Recovery Schedule in accordance with Section 4.5.1 or if DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 ‌ 4.6.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 thirty (30) days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Design-Build Contractor may be entitled to a time extension under Section 13), then DB Design-Build Contractor, upon TxDOT’s requestwithin ten (10) days after Design-Build Contractor first becomes aware of such schedule delay or otherwise at the request of IFA, shall prepare and submit to TxDOT IFA for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Design-Build Contractor’s proposed plan to regain lost schedule progress and to achieve the original contractual milestones as they may be extended in accordance with this AgreementPPA, including Substantial Completion by the Substantial Completion Deadline and Final Acceptance by Deadline. Design-Build Contractor’s submittal shall comply with Section 1.4 of the Final Acceptance Deadline. 4.5.2 TxDOT Technical Provisions. IFA shall notify DB Design-Build Contractor within 14 ten (10) days after receipt of each such Recovery Schedule whether the Recovery Schedule schedule is deemed accepted or rejected. Within seven five (5) days after any IFA’s rejection by ▇▇▇▇▇ of the Recovery Scheduleschedule, DB Design-Build Contractor will resubmit a revised Recovery Schedule incorporating TxDOTIFA’s comments. When TxDOT IFA accepts DB Design-Build Contractor’s Recovery Schedule, DB Design-Build Contractor shall, within five (5) days after TxDOTIFA’s acceptance, incorporate and fully include such schedule into the Project Schedule, Schedule and deliver the same to TxDOT and proceed in accordance with the approved Recovery ScheduleIFA. 4.5.3 4.6.2 All costs incurred by DB Design-Build Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Design-Build Contractor and shall not result in a change to the Contract Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Contract Price is permitted for Acceleration Costs in accordance with Section 13. 4.5.4 If DB 4.6.3 In the event that Design-Build Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition within thirty (30) days of Design-Build Contractor’s receipt of a notice to any other rights and remedies in favor of TxDOT arising out of such failuredo so, DB Design-Build Contractor shall have no right to receive progress payments until such time as DB Design-Build Contractor has prepared and TxDOT IFA has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension or increase in the Contract Price or other compensation under the Contract PPA Documents.

Recovery Schedule. 4.5.1 If 3.9.1 Subject to Section 3.9.2, if at any time, the D&C Work on any Critical Path item is delayed for a period which that exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor Developer may be entitled to a time extension under Section 1312), then DB Contractor, upon TxDOT’s request, Developer shall prepare and submit to TxDOT for review and approval with the next Project Status Baseline Schedule Update a Recovery Schedule demonstrating DB ContractorDeveloper’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion by the Substantial Completion Deadline and Final Acceptance of each Phase of the Project and completion of the Bridge Demolition Work by the Final Acceptance applicable Completion Deadline. 4.5.2 3.9.2 If Developer has failed to meet any Completion Deadline (as it may be extended under this Agreement) by the time required under this Agreement, then 3.9.3 TxDOT shall notify DB Contractor Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor Developer will resubmit a revised Recovery Schedule incorporating resolving TxDOT’s comments. When TxDOT accepts DB ContractorDeveloper’s Recovery Schedule, DB Contractor Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 3.9.4 All costs incurred by DB Contractor Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor Developer and shall not result in a change to the D&C Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the D&C Price is permitted for Acceleration Costs in accordance with Section 13Sections 12.2.1(c) or 12.3.2(e). 4.5.4 3.9.5 If DB Contractor Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor Developer shall have no right to receive progress payments for D&C Work until such time as DB Contractor Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this AgreementDBA, including Substantial Completion by the Substantial Completion Deadline and Final Acceptance by the Final Acceptance DeadlineDeadline for each of the Base Scope and Option (if TxDOT exercises its option to include the Option in the Project), as applicable. 4.5.2 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB Contractor’s Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13. 4.5.4 If DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract DBA Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion Completion, Final Acceptance, and completion of the Toll Zone Work by the Substantial applicable Completion Deadline and Final Acceptance by the Final Acceptance Deadline.. Texas Department of Transportation RFP Addendum #1 SH 99 Grand Parkway Segments H, I-1 & I-2 June 25, 2015 35 Design-Build Agreement 4.5.2 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven 7 days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB Contractor’s Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If a TxDOT approved Recovery Schedule is not in place within 30 days from DB Contractor’s submission of a Recovery Schedule in accordance with Section 4.5.1 or if DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule Texas Department of Transportation US 77 Upgrade from Kingsville to Driscoll Project November 20, 2012 29 RFP Addendum 5 Design-Build Agreement demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion by the Substantial Completion Deadline and Final Acceptance by the Final Acceptance Deadline. 4.5.2 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ TxDOT of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB Contractor’s Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13. 4.5.4 If DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule Texas Department of Transportation US 77 Upgrade from Kingsville to Driscoll Project November 15, 2012 29 RFP Addendum 4 Design-Build Agreement demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion by the Substantial Completion Deadline and Final Acceptance by the Final Acceptance Deadline. 4.5.2 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB Contractor’s Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13. 4.5.4 If DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If Subject to Section 4.5.2, if at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this AgreementDBA, including Substantial Completion by Completion, completion of the Substantial Completion Deadline Toll Zone Work and Final Acceptance of the Project by the Final Acceptance applicable Completion Deadline. 4.5.2 If DB Contractor has failed to meet any Completion Deadline (as it may be extended under this DBA) by the time required under this DBA, then DB Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to achieve the applicable contractual milestones with as little additional delay as possible. 4.5.3 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ TxDOT of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating resolving TxDOT’s comments. When TxDOT accepts DB Contractor’s Contractor Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 4.5.4 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13Sections 13.2.1.3 or 13.3.2.5. 4.5.4 4.5.5 If DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.approved

Recovery Schedule. 4.5.1 If 3.9.1 Subject to Section 3.9.2, if at any time, the D&C Work on any Critical Path item is delayed for a period which that exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor Developer may be entitled to a time extension under Section 1312), then DB Contractor, upon TxDOT’s request, Developer shall prepare and submit to TxDOT for review and approval with the next Project Status Baseline Schedule Update a Recovery Schedule demonstrating DB ContractorDeveloper’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion by the Substantial Completion Deadline and Final Acceptance of each Phase of the Project and the Early Bridge Removal Work by the Final Acceptance applicable Completion Deadline. 4.5.2 3.9.2 If Developer has failed to meet any Completion Deadline (as it may be extended under this Agreement) by the time required under this Agreement, then Developer shall prepare and submit to TxDOT for review and approval with the next Project Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to achieve the applicable contractual milestones with as little additional delay as possible. 3.9.3 TxDOT shall notify DB Contractor Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB Contractor’s Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule.Developer will 4.5.3 3.9.4 All costs incurred by DB Contractor Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor Developer and shall not result in a change to the D&C Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the D&C Price is permitted for Acceleration Costs in accordance with Section 13Sections 12.2.1(c) or 12.3.2(e). 4.5.4 3.9.5 If DB Contractor Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor Developer shall have no right to receive progress payments for D&C Work until such time as DB Contractor Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 ‌ 4.6.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 thirty (30) days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Design-Build Contractor may be entitled to a time extension under Section 13), then DB Design-Build Contractor, upon TxDOT’s requestwithin ten (10) days after Design-Build Contractor first becomes aware of such schedule delay or otherwise at the request of IFA, shall prepare and submit to TxDOT IFA for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Design-Build Contractor’s proposed plan to regain lost schedule progress and to achieve the original contractual milestones as they may be extended in accordance with this AgreementPPA, including Substantial Completion by the Substantial Completion Deadline and Final Acceptance by Deadline. Design-Build Contractor’s submittal shall comply with Section 1.4 of the Final Acceptance Deadline. 4.5.2 TxDOT Technical Provisions. IFA shall notify DB Design-Build Contractor within 14 ten (10) days after receipt of each such Recovery Schedule whether the Recovery Schedule schedule is deemed accepted or rejected. Within seven five (5) days after any IFA’s rejection by ▇▇▇▇▇ of the Recovery Scheduleschedule, DB Design-Build Contractor will resubmit a revised Recovery Schedule incorporating TxDOTIFA’s comments. When TxDOT IFA accepts DB Design-Build Contractor’s Recovery Schedule, DB Design-Build Contractor shall, within five (5) days after TxDOTIFA’s acceptance, incorporate and fully include such schedule into the Project Schedule, Schedule and deliver the same to TxDOT and proceed in accordance with the approved Recovery ScheduleIFA. 4.5.3 4.6.2 All costs incurred by DB Design-Build Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Design-Build Contractor and shall not result in a change to and 4.6.3 In the Price, except to the extent event that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13. 4.5.4 If DB Design-Build Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition within thirty (30) days of Design-Build Contractor’s receipt of a notice to any other rights and remedies in favor of TxDOT arising out of such failuredo so, DB Design-Build Contractor shall have no right to receive progress payments until such time as DB Design-Build Contractor has prepared and TxDOT IFA has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension or increase in the Contract Price or other compensation under the Contract PPA Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed delayed, other than solely for a reason for which Integrator is entitled to a time extension pursuant to Section 13, for a period which exceeds the greater of either 30 days Days in the aggregate or that number of days Days in the aggregate equal to 5% of the days Days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13)Deadline, then DB Contractor, upon TxDOT’s request, Integrator shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Monthly Update a Recovery Schedule demonstrating DB ContractorIntegrator’s proposed plan to regain lost schedule progress and to achieve the original contractual milestones as they may be extended in accordance with this AgreementAgreement and any Project Segment Supplement, including Substantial Completion System Acceptance by the Substantial Completion applicable System Acceptance Deadline, Punch List Acceptance by the applicable Punch List Acceptance Deadline and Final Acceptance by the applicable Final Acceptance Deadline. 4.5.2 TxDOT shall notify DB Contractor Integrator within 14 days Days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days 7 Days after any rejection by ▇▇▇▇▇ TxDOT of the Recovery Schedule, DB Contractor Integrator will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB ContractorIntegrator’s Recovery Schedule, DB Contractor Integrator shall, within five days Days after TxDOT’s acceptance, incorporate and fully include such schedule into the applicable Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by DB Contractor Integrator in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor Integrator and shall not result in a change to the applicable Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the applicable Price is permitted for Acceleration Costs in accordance with Section 13. 4.5.4 If DB Contractor Integrator fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failureherein, DB Contractor Integrator shall have no right to receive progress payments Milestone Payments until such time as DB Contractor Integrator has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If Subject to Section 4.5.2, if at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this AgreementDBA, including Substantial Completion by Completion, completion of the Substantial Completion Deadline Toll Zone Work and Final Acceptance of the Project by the Final Acceptance applicable Completion Deadline. 4.5.2 If DB Contractor has failed to meet any Completion Deadline (as it may be extended under this DBA) by the time required under this DBA, then DB Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to achieve the applicable contractual milestones with as little additional delay as possible. 4.5.3 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating resolving TxDOT’s comments. When TxDOT accepts DB Contractor’s Contractor Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 4.5.4 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13Sections 13.2.1.3 or 13.3.2.5. 4.5.4 4.5.5 If DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract DBA Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion of each of Section 1A, Section 1B and Segment 2, Final Acceptance of each of Section 1A, Section 1B and Segment 2, and completion of the Toll Zone Work by the Substantial applicable Completion Deadline and Final Acceptance by the Final Acceptance Deadline. 4.5.2 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB Contractor’s Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 1313.2.1.3 or 13.3.2.5. 4.5.4 If a TxDOT approved Recovery Schedule is not in place within 30 days from DB Contractor’s submission of a Recovery Schedule in accordance with Section 4.5.1 or if DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion Completion, Final Acceptance, and completion of the Toll Zone Work by the Substantial applicable Completion Deadline and Final Acceptance by the Final Acceptance Deadline.. Texas Department of Transportation RFP Addendum #2 SH 99 Grand Parkway Segments H, I-1 & I-2 August 17, 2015 34 Design-Build Agreement 4.5.2 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven 7 days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB Contractor’s Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If a TxDOT approved Recovery Schedule is not in place within 30 days from DB Contractor’s submission of a Recovery Schedule in accordance with Section 4.5.1 or if DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If Subject to Section 4.5.2, if at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this AgreementDBA, including Substantial Completion by the Substantial Completion Deadline and Final Acceptance of the Project by the Final Acceptance Deadlineapplicable Completion Deadline . 4.5.2 If DB Contractor has failed to meet any Completion Deadline (as it may be extended under this DBA) by the time required under this DBA, then DB Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to achieve the applicable contractual milestones with as little additional delay as possible. 4.5.3 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating resolving TxDOT’s comments. When TxDOT accepts DB Contractor’s Contractor Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 4.5.4 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13Sections 13.2.1.3 or 13.3.2.5. 4.5.4 4.5.5 If DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract DBA Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion by the Substantial Completion Deadline and Final Acceptance by the Final Acceptance Deadline. 4.5.2 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ TxDOT of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB Contractor’s Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion by the Substantial Completion Deadline for each Segment and Final Acceptance by the Final Acceptance DeadlineDeadline for the Project. 4.5.2 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DB Contractor’s Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If Subject to Section 4.5.2, if at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which DB Contractor may be entitled to a time extension under Section 13), then DB Contractor, upon TxDOT’s request, Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this AgreementDBA, including Substantial Completion by Completion, completion of the Substantial Completion Deadline Toll Zone Work and Final Acceptance of the Project by the Final Acceptance applicable Completion Deadline. 4.5.2 If DB Contractor has failed to meet any Completion Deadline (as it may be extended under this DBA) by the time required under this DBA, then DB Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DB Contractor’s proposed plan to achieve the applicable contractual milestones with as little additional delay as possible. 4.5.3 TxDOT shall notify DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within seven days after any rejection by ▇▇▇▇▇ of the Recovery Schedule, DB Contractor will resubmit a revised Recovery Schedule incorporating resolving TxDOT’s comments. When TxDOT accepts DB Contractor’s Contractor Recovery Schedule, DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 4.5.4 All costs incurred by DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Section 13Sections 13.2.1.3 or 13.3.2.5. 4.5.4 4.5.5 If DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, DB Contractor shall have no right to receive progress payments until such time as DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.approved