Time of Essence; Notices to Proceed Sample Clauses

Time of Essence; Notices to Proceed. 4.1.1 As a material consideration for entering into this Agreement, DB Contractor hereby commits, and TxDOT is relying upon DB Contractor's commitment, to design and construct the Project in accordance with the time periods set forth in this Agreement. Except where this Agreement expressly provides for an extension of time, the time limitations set forth in the Contract Documents for DB Contractor's performance of its covenants, conditions and obligations are of the essence, and DB Contractor 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. 4.1.2 Authorization allowing DB Contractor to proceed with Work hereunder shall be provided through TxDOT’s issuance of NTP1 and NTP2. 4.1.3 TxDOT anticipates issuing NTP1 concurrently with execution and delivery of this Agreement. Issuance of NTP1 authorizes DB Contractor to perform (or, continue performance of) the portion of the Work necessary to obtain TxDOT’s approval of the component parts, plans and documentation of the Project Management Plan that are labeled “A” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions. It also authorizes DB Contractor to enter Project Right of Way owned by TxDOT for the purpose of conducting surveys and site investigations, including geotechnical, Hazardous Materials and Utilities investigations. Refer to Sections 12.1.4 and 15.9 regarding a Price adjustment to be made in certain circumstances if the effective date of the NTP1 is later than 180 days after the Proposal Due Date, and regarding DB Contractor’s remedies for certain delays in issuance of NTP1 beyond 365 days after the Effective Date. 4.1.4 TxDOT anticipates issuing NTP2 concurrently with TxDOT’s approval of all the foregoing component parts, plans and documentation of the Project Management Plan and the Project Schedule. Issuance of NTP2 authorizes DB Contractor to perform all other Work and activities pertaining to the Project. 4.1.5 Notwithstanding Section 4.1.4, DB Contractor may request that TxDOT issue NTP2 prior to approval of all the component parts, plans and documentation of the Project Management Plan and the Project Schedule. In such event, TxDOT may, in its sole discretion, elect to issue NTP2 prior to satisfaction by DB Contractor of any particular condition(s) to NTP2. TxDOT may condition such early issuance of NTP2 upon payment by DB Contractor to TxDOT the amount of $1,000 ...