Common use of Utility Enhancements Clause in Contracts

Utility Enhancements. DB Contractor shall be responsible for addressing any requests by Utility Owners that DB Contractor design and/or construct a Betterment or Utility Owner Project (collectively, “Utility Enhancements”). 6.5.2.1. If a Utility Owner requests that DB Contractor design and/or construct a Utility Enhancement, then subject to Section 6.5.2.2, DB Contractor shall use its best efforts to negotiate in good faith an Utility Agreement (subject to TxDOT approval) with the Utility Owner providing for DB Contractor to perform such work at the Utility Owner’s expense, with payments to be made directly by the Utility Owner to DB Contractor. Any change in the scope of the Work pursuant in connection with a Betterment shall not be treated as a TxDOT-Directed Change or extend the Completion Deadlines. Any Utility Owner Project shall be performed outside of this DBA and the Work, without any impact on the Price and the Completion Deadlines and shall be subject to Section 6.5.8. 6.5.2.2. DB Contractor is fully responsible for coordinating its efforts with Utility Owners and for addressing requests by Utility Owners that DB Contractor design and/or construct Utility Enhancements. Under no circumstances shall DB Contractor proceed with any Utility Enhancement which is incompatible with the Project or which cannot be performed within the other constraints of applicable Law, the Governmental Approvals and the DBA Documents, including the Completion Deadlines. Under no circumstances will DB Contractor be entitled to any Price increase or time extension hereunder as the result of any Utility Enhancement, whether performed by DB Contractor or by the Utility Owner.

Utility Enhancements. DB Contractor shall be responsible for addressing any requests by Utility Owners that DB Contractor design and/or construct a Betterment or Utility Owner Project (collectively, “Utility Enhancements”). 6.5.2.1. If a Utility Owner requests that DB Contractor design and/or construct a Utility Enhancement, then subject to Section 6.5.2.26.5.2.4, DB Contractor shall use its best efforts to negotiate in good faith an a Utility Agreement (subject to TxDOT approval) with the Utility Owner providing for DB Contractor to perform such work at the Utility Owner’s expense, with payments to be made directly by the Utility Owner to DB Contractor. Any change in the scope of the Work pursuant in connection with a Betterment shall not be treated as a TxDOT-Directed Change or extend the Completion Deadlines. Any Utility Owner Project shall be performed outside of this DBA DBC and the Work, without any impact on the Price and the Completion Deadlines and shall be subject to Section 6.5.8. 6.5.2.2. DB Contractor is fully responsible for coordinating its efforts with Utility Owners and for addressing requests by Utility Owners that DB Contractor design and/or construct Utility Enhancements. Under no circumstances shall DB Contractor proceed with any Utility Enhancement which is incompatible with the Project or which cannot be performed within the other constraints of applicable Law, the Governmental Approvals and the DBA DBC Documents, including the Completion Deadlines. Under no circumstances will DB Contractor be entitled to any Price increase or time extension hereunder as the result of any Utility Enhancement, whether performed by DB Contractor or by the Utility Owner.