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.
Appears in 6 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
