Common use of Substantial Completion Deadlines Clause in Contracts

Substantial Completion Deadlines. (a) Developer shall achieve Substantial Completion of Phase 1 of the Project on or before the date established in Exhibit 2, subject to extension as permitted hereunder (the “Phase 1 Substantial Completion Deadline”). (b) Developer shall achieve Substantial Completion of Phase 2 of the Project on the date established in Exhibit 2, subject to extension as permitted hereunder (the “Phase 2 Substantial Completion Deadline”). (c) If TxDOT does not issue NTP2 before the 91st day following issuance of NTP1 and the delay is not caused in whole or in part by an act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of any Developer-Related Entity (including Developer’s failure to satisfy any particular condition(s) to NTP2), the Substantial Completion Deadlines shall be extended by the number of days between the 91st day following issuance of NTP1 and the date on which TxDOT issues NTP2. (d) If TxDOT does not issue NTP3 within ten Business Days following issuance by TxDOT of a Certificate of Substantial Completion of Phase 1 and the delay is not caused in whole or in part by an act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of any Developer-Related Entity, the Completion Deadlines for Phase 2 shall be extended by the number of days between the tenth Business Day following issuance of the Certificate of Substantial Completion of Phase 1 and the date on which TxDOT issues NTP3. (e) If TxDOT has provided notice exercising its option to include the Option Work in the Work for Phase 2 in accordance with Section 3.5.7, Developer shall immediately commence and diligently perform the Option Work and shall complete the Option Work on or before the Phase 2 Substantial Completion Deadline.

Substantial Completion Deadlines. (a) Developer shall achieve Substantial Completion of Phase 1 of the Project on or before the date established in Exhibit 2, subject to extension as permitted hereunder (the “Phase 1 Substantial Completion Deadline”). (b) Developer shall achieve Substantial Completion of Phase 2 of the Project on the date established in Exhibit 2, subject to extension as permitted hereunder (the “Phase 2 Substantial Completion Deadline”). (c) If TxDOT does not issue NTP1 on the Effective Date and the delay is not caused in whole or in part by an act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of any Developer-Related Entity (including Developer’s failure to satisfy any particular condition(s) to NTP1), the Substantial Completion Deadlines shall be extended by the number of days between the Effective Date and the date on which TxDOT issues NTP1 up to a maximum of 60 days. (d) If TxDOT does not issue NTP2 before the 91st day following issuance of NTP1 and the delay is not caused in whole or in part by an act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of any Developer-Related Entity (including Developer’s failure to satisfy any particular condition(s) to NTP2), the Substantial Completion Deadlines shall be extended by the number of days between the 91st day following issuance of NTP1 and the date on which TxDOT issues NTP2. (de) If TxDOT does not issue NTP3 within ten Business Days following issuance by TxDOT of a Certificate of Substantial Completion of Phase 1 and the delay is not caused in whole or in part by an act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of any Developer-Related Entity, the Completion Deadlines for Phase 2 shall be extended by the number of days between the tenth Business Day following issuance of the Certificate of Substantial Completion of Phase 1 and the date on which TxDOT issues NTP3. (ef) If TxDOT has provided notice exercising its option to include the Option Work in the Work for Phase 2 in accordance with Section 3.5.7, Developer shall immediately commence and diligently perform the Option Work and shall complete the Option Work on or before the Phase 2 Substantial Completion Deadline.

Substantial Completion Deadlines. (a) Developer shall achieve Substantial Completion of Phase 1 of the Project on or before the date established in Exhibit 2, subject to extension as permitted hereunder (the “Phase 1 Substantial Completion Deadline”). (b) Developer shall achieve Substantial Completion of Phase 2 of the Project on the date established in Exhibit 2, subject to extension as permitted hereunder (the “Phase 2 Substantial Completion Deadline”). (c) If TxDOT does not issue NTP2 before the 91st day following issuance of NTP1 and the delay is not caused in whole or in part by an act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of any Developer-Related Entity (including Developer’s failure to satisfy any particular condition(s) to NTP2), the Substantial Completion Deadlines shall be extended by the number of days between the 91st day following issuance of NTP1 and the date on which TxDOT issues NTP2. (d) If TxDOT does not issue NTP3 within ten Business Days following issuance by TxDOT of a Certificate of Substantial Completion of Phase 1 and the delay is not caused in whole or in part by an act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of any Developer-Related Entity, the Completion Deadlines for Phase 2 shall be extended by the number of days between the tenth Business Day following issuance of the Certificate of Substantial Completion of Phase 1 and the date on which TxDOT issues NTP3. (e) If TxDOT has provided notice exercising its option to include the Option Work in the Work for Phase 2 in accordance with Section 3.5.7NTP4 is timely issued, Developer shall immediately commence and diligently perform the Option Work Work, and Developer shall complete the Option Work on or before the Phase 2 Substantial Completion Deadline.

Substantial Completion Deadlines. (a) Developer shall achieve Substantial Completion of Phase 1 of the Project on or before the date established in Exhibit 2, subject to extension as permitted hereunder (the “Phase 1 Substantial Completion Deadline”). (b) Developer shall achieve Substantial Completion of Phase 2 of the Project on the date established in Exhibit 2, subject to extension as permitted hereunder (the “Phase 2 Substantial Completion Deadline”). (c) If TxDOT does not issue NTP2 before the 91st day following issuance of NTP1 and the delay is not caused in whole or in part by an act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of any Developer-Related Entity (including Developer’s failure to satisfy any particular condition(s) to NTP2), the Substantial Completion Deadlines shall be extended by the number of days between the 91st day following issuance of NTP1 and the date on which TxDOT issues NTP2. (d) If TxDOT does not issue NTP3 within ten Business Days following issuance by TxDOT of a Certificate of Substantial Completion of Phase 1 and the delay is not caused in whole or in part by an act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of any Developer-Related Entity, the Completion Deadlines for Phase 2 shall be extended by the number of days between the tenth Business Day following issuance of the Certificate of Substantial Completion of Phase 1 and the date on which TxDOT issues NTP3. (e) If TxDOT has provided notice exercising its option to include the Option Work in the Work for Phase 2 in accordance with Section 3.5.7NTP4 is timely issued, Developer shall immediately commence and diligently perform the Option Work Work, and shall complete the Option Work on or before the Phase 2 Substantial Completion DeadlineDeadline shall be extended by 60 days.