Alternative Technical Concepts (ATCs Clause Samples

Alternative Technical Concepts (ATCs. The Contractor shall be solely responsible for obtaining any third party approvals required to implement approved Alternative Technical Concepts included in the Proposal. Notwithstanding anything herein to the contrary, (i) if an approved ATC incorporated in the Contract Documents requires additional Governmental Approvals or other third party approvals, and the Contractor fails to obtain or comply with such additional approvals or (ii) if an ATC incorporated in the Contract Documents was approved with conditions and the Contractor fails to comply with such conditions, the Contractor shall comply with the requirements of the Contract Documents excluding the ATC without any right to an equitable adjustment. Notwithstanding anything herein to the contrary, if implementation of an ATC will require additional real property, or work on facilities owned by railroads or on Third Party Facilities, the Contractor shall have full responsibility for paying for any such real property and any related costs including any necessary Governmental Approvals, performing any such railroad facility work, or performing or reimbursing a Third Party for work on its facilities, as applicable, without the right to an equitable adjustment.