Common use of Schedule Commitments Clause in Contracts

Schedule Commitments. As a material consideration for entering into this Agreement, Developer hereby commits, and TxDOT is relying upon Developer’s commitment, to develop the Project in accordance with the milestones and time periods set forth in this Agreement, Section 2.1.1 of the Technical Provisions, the Project Schedule and the Milestone Deadlines, subject only to delays caused by Relief Events specifically provided hereunder. Except where this Agreement expressly provides for extension of time due to a Relief Event, the time limitations set forth in the CDA Documents, including the Milestone Deadlines, for Developer’s performance of its covenants, conditions and obligations are of the essence, and Developer waives any right at law or in equity to tender or complete performance beyond the applicable time period, or to require TxDOT to accept such performance. Developer hereby represents and warrants that the Project Baseline Schedule set forth as Exhibit 9 meets the requirements of Section