Access to Right of Way. DB Contractor shall be entitled to a Change Order for delays to the Critical Path due to failure of TxDOT to make available a portion of the Schematic ROW, or any Additional Properties that must be acquired due to a TxDOT- Directed Change, Force Majeure Event, or a Necessary Basic Configuration Change, as provided in Section 4.6.9.5 of the General Conditions and subject to the requirements of Section 4.6 of the General Conditions. The Contract Documents are hereby amended by the provisions set forth in Exhibit 24 to this DBA.
Access to Right of Way. DB Contractor shall be entitled to a Change Order for delays to the Critical Path due to failure of TxDOT to make available a portion of the Schematic ROW, or any Additional Properties that must be acquired due to a TxDOT-Directed Change, Force Majeure Event, or a Necessary Basic Configuration Change, described in a condemnation packet within 365 days after approval of the Condemnation Package (“Eminent Domain Delay”), only to the extent provided in Sections 4.4.5.3 and 4.6.9.5 of the General Conditions and subject to the requirements of Section 4.6 of the General Conditions. The risk of any such Eminent Domain Delay, on an individual parcel basis, shall be borne equally by each Party for the first 100 days thereafter (i.e., for each parcel, DB Contractor shall be entitled to one day of time extension for every two days of delay). After the first 100 days following the 365-day period, DB Contractor shall be entitled to one day of time extension for each day of eligible delay.
Access to Right of Way. DB Contractor shall be entitled to a Change Order for delays to the Critical Path (i) due to failure of TxDOT to make available a portion of the Schematic ROW, excluding all TxDOT-Acquired ROW, or any Additional Properties that must be acquired due to a TxDOT-Directed Change, Force Majeure Event, or a Necessary Basic Configuration Change, described in a condemnation packet within 180 days after approval of the Condemnation Package (“Eminent Domain Delay”), or (ii) due to a TxDOT-Acquired ROW Delay, in each case, only to the extent provided in Sections 4.4.5.3 and 4.6.9.5 of the General Conditions and subject to the requirements of Section 4.6 of the General Conditions. The risk of any such Eminent Domain Delay or TxDOT-Acquired ROW Delay, on an individual parcel basis, shall be borne equally by each Party for the first 90 days thereafter (i.e., for each parcel, DB Contractor shall be entitled to one day of time extension for every two days of delay). After the first 90 days following the 180-day period, DB Contractor shall be entitled to one day of time extension for each day of eligible delay. The Contract Documents are hereby amended by the provisions set forth in Exhibit 24 to this DBA.
Access to Right of Way. With respect to any work on the Construction Project that requires access to the state highway right-of-way or Municipality-owned highway right-of way, the Party with jurisdiction over the applicable right-of-way is responsible for reviewing the request and granting to the Prime Contractor, the Inspection Consultant, or any subcontractor or subconsultant thereof, as applicable, the right to enter into, pass over and utilize the right-of-way in accordance with all applicable requirements on a case by case basis. Nothing in this section 5.3 shall be construed as waiving any requirements under State of Connecticut laws or regulations relating to access to the highway right-of way, including but not limited to, applying for and obtaining an encroachment permit.
Access to Right of Way. Pursuant to the O.P.M.C. Chapter 13.12 – Managing the Use and Occupancy of the Public- Right-of-Way, and all amendments thereto (the "Right-of-Way Ordinance"), Licensor shall provide Licensee with access to and use of such Right-of-Way to the same extent that third parties may access or use such Right-of-Way, including but not limited to access for ingress, egress, or other access and to construct, utilize, maintain, modify, and remove Equipment for which Structure attachment, Conduit occupancy, or Right-of-Way use licenses have been issued, provided that any agreement with a third-party under which Licensor holds such rights expressly or impliedly grants Licensor the right to provide such rights to others.
Access to Right of Way. DB Contractor shall be entitled to a Change Order for delays to the Critical Path due to failure of TxDOT to make available a portion of the Schematic ROW, or any Additional Properties that must be acquired due to a TxDOT-Directed Change, Force Majeure Event, or a Necessary Basic Configuration Change, as provided in Section 4.6.9.5 of the General Conditions and subject to the requirements of Section 4.6 of the General Conditions. In addition, notwithstanding anything to the contrary within the Design-Build Contract, DB Contractor shall be entitled to a Change Order to extend the applicable Completion Deadlines as a result of any delay in the Critical Path directly caused by the failure or inability of TxDOT to make available to DB Contractor the following parcels for the purposes of Construction Work by NTP1: Parcels 1, 1 (OAS), 2 and 3. DB Contractor shall be entitled to a Change Order only to the extent the delay (i) materially adversely affects the Critical Path, (ii) is not mitigated by or susceptible to handling by a work around or consumption of Project Float, and (iii) is not due to an act, omission, negligence, recklessness, intentional misconduct, breach of contract or violation of Law or a Governmental Approval of or by any of the DB Contractor-Related Entities. DB Contractor shall not be entitled to an increase in the Price or reimbursement of any costs incurred as a result of such delays, including any delay or disruption damages.
Access to Right of Way. DB Contractor shall be entitled to a Change Order for delays to the Critical Path due to failure of TxDOT to make available a portion of the Schematic ROW, or any Additional Properties that must be acquired due to a TxDOT-Directed Change, Force Majeure Event, or a Necessary Basic Configuration Change, as provided in Section 4.6.9.5 of the General Conditions and subject to the requirements of Section 4.6 of the General Conditions. In addition, notwithstanding anything to the contrary within the Design-Build Contract, DB Contractor shall be entitled to a Change Order to extend the applicable Completion Deadlines as a result of any delay in the Critical Path directly caused by the failure or inability of TxDOT to make available to DB Contractor the following parcels, all of which have been acquired or are in possession by TxDOT as of the Effective Date, for the purposes of Construction Work by NTP1: Parcels 1, 1 (OAS), 2 and 3. DB Contractor shall be entitled to a Change Order only to the extent the delay (i) materially adversely affects the Critical Path, (ii) is not mitigated by or susceptible to handling by a work around or consumption of Project Float, and (iii) is not due to an act, omission, negligence, recklessness, intentional misconduct, breach of contract or violation of Law or a Governmental Approval of or by any of the DB Contractor-Related Entities. DB Contractor shall not be entitled to an increase in the Price or reimbursement of any costs incurred as a result of such delays, including any delay or disruption damages.
Access to Right of Way. Subject to and in accordance with the provisions of the ROO Agreement, the Company intends to construct underground, buried and aerial fiber optic cables as the Fiber Optic Network, including such laterals, spurs, loops and extensions in Rights-Of-Way that may be available to NYSEG and its Affiliates. Such laterals, spurs, loops and extensions shall be constructed and installed in accordance with the Business Plan as may be amended from time to time. The parties recognize that the ROO Agreement may require approval from the PSC and the parties agree to use their best efforts to obtain such approval once NYSEG files the ROO Agreement with the PSC, which filing Energy East shall cause to be made within ten (10) days after this Agreement is executed.
Access to Right of Way. Subject to and in accordance with the provisions of the Construction Operating Agreement, the Company intends to obtain the initial Company IRU and to expand the Company IRU by obtaining additional IRUs from GPU Telcom in the GPU Telcom Territory. To the extent provided in the Construction Operating Agreement, GPU Telcom has obtained access to the GPU ROW for the construction, installation, operation and delivery of the Company IRU as defined from time to time by the Members and Segregated Networks. As set forth in the Construction Operating Agreement, the Company and TNS shall retain the right to use the GPU ROW for the Company IRU and any Segregated Networks and the Company and TNS shall retain the rights, to the extent set forth therein, to construct and install spurs, extensions, laterals, and rings in the GPU Telcom Territory upon a withdrawal or dissolution as provided in this Agreement.
Access to Right of Way. Owner shall grant Lessee nondiscriminatory access to its rights-of-way. This obligation extends to rights-of-way Owner owns and/or has the right to authorize the use by the Lessee. For rights-of-way to which Owner does not have the right to authorize the use by the Lessee, Lessee shall obtain such consent as is necessary from the owner of the right-of-way.
