Common use of Changes in Basic Configuration Clause in Contracts

Changes in Basic Configuration. 3.3.1 If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 21. 3.3.2 Developer shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 12, and subject to the limitations contained in Section 3.16. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on Developer’s costs. 3.3.3 Developer shall be responsible for any cost increases or delays that affect the duration of a Critical Path resulting from changes in requirements and obligations of Developer relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of additional Utility Adjustment Work on TxDOT Additional Properties required due to a Necessary Basic Configuration Change. Further, any right, title or interest in real property Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered TxDOT Additional Properties and TxDOT shall be responsible for the purchase price therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Schematic 3.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration that have been approved by TxDOT in the design approval process, unless Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 12 or unless the proposed change constitutes a VE pursuant to Section 21. Developer acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact Developer’s ability to make non-material changes in the Basic Configuration. (a) Developer, through the appropriately qualified and licensed design professionals identified in Developer’s Project Management Plan shall prepare designs, plans and specifications in accordance with the Contract Documents. Developer shall cause the engineer of record for the Project to sign and seal all Final Design Documents. (b) Developer shall deliver to TxDOT accurate and complete duplicates of all interim, revised and final Design Documents (including Final Design Documents), Plans and Construction Documents within seven days after Developer completes preparation thereof. Developer shall construct the Project in accordance with the Final Design Documents and the Construction Documents. The Final Design Documents may be changed only with prior approval of TxDOT. Developer may modify the Construction Documents without prior approval of TxDOT, but must deliver the modifications to TxDOT in advance of performance of the applicable D&C Work.

Changes in Basic Configuration. 3.3.1 If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 21. 3.3.2 Developer 2.1.3.1 DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 1213, and subject to the limitations contained in Section 3.166.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DeveloperDB Contractor’s costs. 3.3.3 Developer 2.1.3.2 DB Contractor shall be responsible for any cost increases or and/or delays that which affect the duration of a Critical Path resulting from changes in requirements and obligations of Developer DB Contractor relating to the Project due to inaccuracies in the Schematic DesignConcept Plan. Notwithstanding the foregoing, Developer DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on TxDOT Additional Properties required due to a Necessary Basic Configuration ChangeChange to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property Developer DB Contractor must acquire as a result of such Necessary Basic Configuration Change shall be considered TxDOT Additional Properties Properties, and TxDOT shall be responsible for the purchase price price, as well as any relocation assistance and title insurance, therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the SchematicConcept Plan that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 3.3.4 2.1.3.3 No Change Order shall be required for any non-material changes in the Basic Configuration that which have been approved by TxDOT in the design approval process, unless Developer DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 12 or unless the proposed change constitutes a VE pursuant to Section 2113. Developer DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards Standard Specification and other Contract Documents, as well as site conditions and the Schematic DesignConcept Plan, will impact DeveloperDB Contractor’s ability to make non-material changes in the Basic Configuration. (a) Developer, through the appropriately qualified and licensed design professionals identified in Developer’s Project Management Plan shall prepare designs, plans and specifications in accordance with the Contract Documents. Developer shall cause the engineer of record for the Project to sign and seal all Final Design Documents. (b) Developer shall deliver to TxDOT accurate and complete duplicates of all interim, revised and final Design Documents (including Final Design Documents), Plans and Construction Documents within seven days after Developer completes preparation thereof. Developer shall construct the Project in accordance with the Final Design Documents and the Construction Documents. The Final Design Documents may be changed only with prior approval of TxDOT. Developer may modify the Construction Documents without prior approval of TxDOT, but must deliver the modifications to TxDOT in advance of performance of the applicable D&C Work.

Changes in Basic Configuration. 3.3.1 If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 21. 3.3.2 Developer shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 12, and subject to the limitations contained in Section 3.16. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on Developer’s costs. 3.3.3 Developer shall be responsible for any cost increases or delays that affect the duration of a Critical Path resulting from changes in requirements and obligations of Developer relating to the Project due to inaccuracies in the Schematic DesignDraft Schematic. Notwithstanding the foregoing, Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of additional Utility Adjustment Work on TxDOT Additional Properties required due to a Necessary Basic Configuration Change. Further, any right, title or interest in real property Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered TxDOT Additional Properties and TxDOT shall be responsible for the purchase price therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the SchematicDraft Schematic Design that do not require the acquisition of TxDOT Additional 3.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration that have been approved by TxDOT in the design approval process, unless Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 12 or unless the proposed change constitutes a VE pursuant to Section 21. Developer acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic DesignDraft Schematic, will impact Developer’s ability to make non-material changes in the Basic Configuration. (a) Developer, through the appropriately qualified and licensed design professionals identified in Developer’s Project Management Plan shall prepare designs, plans and specifications in accordance with the Contract Documents. Developer shall cause the engineer of record for the Project to sign and seal all Final Design Documents. (b) Developer shall deliver to TxDOT accurate and complete duplicates of all interim, revised and final Design Documents (including Final Design Documents), Plans and Construction Documents within seven days after Developer completes preparation thereof. Developer shall construct the Project in accordance with the Final Design Documents and the Construction Documents. The Final Design Documents may be changed only with prior approval of TxDOT. Developer may modify the Construction Documents without prior approval of TxDOT, but must deliver the modifications to TxDOT in advance of performance of the applicable D&C Work.

Changes in Basic Configuration. 3.3.1 If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 21. 3.3.2 Developer 2.1.3.1 DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 1213, and subject to the limitations contained in Section 3.166.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DeveloperDB Contractor’s costs. 3.3.3 Developer 2.1.3.2 DB Contractor shall be responsible for any cost increases or delays, including any delays that affect the duration of a Critical Path resulting from changes in requirements and obligations of Developer DB Contractor relating to the Project due to inaccuracies or Errors in the Preliminary Schematic Design. Notwithstanding the foregoing, Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of additional Utility Adjustment Work on TxDOT Additional Properties required due to a Necessary Basic Configuration Change. Further, any right, title or interest in real property Developer DB Contractor must acquire as a result of such a Necessary Basic Configuration Change shall be considered TxDOT Additional Properties and TxDOT shall be responsible for the purchase price therefortherefor in accordance with the requirements and limitations set forth in Section 13. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the SchematicPreliminary Schematic Design that do not result in a Necessary Basic Configuration Change shall be the responsibility of DB Contractor with the exception of a TxDOT- Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path, and subject to the limitations set forth in this Agreement, including Section 13. 3.3.4 2.1.3.3 No Change Order shall be required for any non-material changes in the Basic Configuration that have been approved by TxDOT in the design approval process, unless Developer DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 12 or unless the proposed change constitutes a VE pursuant to Section 2113. Developer DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards Standard Specifications and other Contract Documents, as well as site Site conditions and the Preliminary Schematic Design, will impact DeveloperDB Contractor’s ability to make non-material changes in the Basic Configuration. (a) Developer, through the appropriately qualified and licensed design professionals identified in Developer’s Project Management Plan shall prepare designs, plans and specifications in accordance with the Contract Documents. Developer shall cause the engineer of record for the Project to sign and seal all Final Design Documents. (b) Developer shall deliver to TxDOT accurate and complete duplicates of all interim, revised and final Design Documents (including Final Design Documents), Plans and Construction Documents within seven days after Developer completes preparation thereof. Developer shall construct the Project in accordance with the Final Design Documents and the Construction Documents. The Final Design Documents may be changed only with prior approval of TxDOT. Developer may modify the Construction Documents without prior approval of TxDOT, but must deliver the modifications to TxDOT in advance of performance of the applicable D&C Work.

Changes in Basic Configuration. 3.3.1 If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 21. 3.3.2 Developer 2.1.3.1 DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 1213, and subject to the limitations contained in Section 3.166.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DeveloperDB Contractor’s costs. 3.3.3 Developer 2.1.3.2 DB Contractor shall be responsible for any cost increases or and/or delays that which affect the duration of a Critical Path resulting from changes in requirements and obligations of Developer DB Contractor relating to the Project due to inaccuracies in the Preliminary Schematic Design. Notwithstanding the foregoing, Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of additional Utility Adjustment Work on TxDOT Additional Properties required due to a Necessary Basic Configuration Change. Further, any right, title or interest in real property Developer DB Contractor must acquire as a result of such Necessary Basic Configuration Change shall be considered TxDOT Additional Properties and TxDOT shall be responsible for the purchase price therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the SchematicPreliminary Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 3.3.4 2.1.3.3 No Change Order shall be required for any non-material changes in the Basic Configuration that which have been approved by TxDOT in the design approval process, unless Developer DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 12 or unless the proposed change constitutes a VE pursuant to Section 2113. Developer DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards Standard Specifications and other Contract Documents, as well as site Site conditions and the Preliminary Schematic Design, will impact DeveloperDB Contractor’s ability to make non-material changes in the Basic Configuration. (a) Developer, through the appropriately qualified and licensed design professionals identified in Developer’s Project Management Plan shall prepare designs, plans and specifications in accordance with the Contract Documents. Developer shall cause the engineer of record for the Project to sign and seal all Final Design Documents. (b) Developer shall deliver to TxDOT accurate and complete duplicates of all interim, revised and final Design Documents (including Final Design Documents), Plans and Construction Documents within seven days after Developer completes preparation thereof. Developer shall construct the Project in accordance with the Final Design Documents and the Construction Documents. The Final Design Documents may be changed only with prior approval of TxDOT. Developer may modify the Construction Documents without prior approval of TxDOT, but must deliver the modifications to TxDOT in advance of performance of the applicable D&C Work.

Changes in Basic Configuration. 3.3.1 2.1.3.1 If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 2122. 3.3.2 2.1.3.2 Developer shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 1213, and subject to the limitations contained in Section 3.166.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on Developer’s costs. 3.3.3 2.1.3.3 Developer shall be responsible for any cost increases or and/or delays that which affect the duration of a Critical Path resulting from changes in requirements and obligations of Developer relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of New Environmental Approvals required for, necessary Hazardous Materials Management on, and additional Utility Adjustment Work on TxDOT on, Additional Properties required due to a Necessary Basic Configuration ChangeChange to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered TxDOT Additional Properties and TxDOT shall be responsible for the purchase price therefortherefor in accordance with Section 6.2.2. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the SchematicSchematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of Developer with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 3.3.4 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration that which have been approved by TxDOT in the design approval process, unless Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 12 13 or unless the proposed change constitutes a VE pursuant to Section 2122. Developer acknowledges and agrees that constraints set forth in the TxDOT-TxDOT- Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact Developer’s ability to make non-material changes in the Basic Configuration. (a) Developer, through the appropriately qualified and licensed design professionals identified in Developer’s Project Management Plan shall prepare designs, plans and specifications in accordance with the Contract Documents. Developer shall cause the engineer of record for the Project to sign and seal all Final Design Documents. (b) Developer shall deliver to TxDOT accurate and complete duplicates of all interim, revised and final Design Documents (including Final Design Documents), Plans and Construction Documents within seven days after Developer completes preparation thereof. Developer shall construct the Project in accordance with the Final Design Documents and the Construction Documents. The Final Design Documents may be changed only with prior approval of TxDOT. Developer may modify the Construction Documents without prior approval of TxDOT, but must deliver the modifications to TxDOT in advance of performance of the applicable D&C Work.

Changes in Basic Configuration. 3.3.1 2.1.3.1 If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 2122. 3.3.2 2.1.3.2 Developer shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 1213, and subject to the limitations contained in Section 3.166.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on Developer’s costs. 3.3.3 2.1.3.3 Developer shall be responsible for any cost increases or and/or delays that which affect the duration of a Critical Path resulting from changes in requirements and obligations of Developer relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on TxDOT Additional Properties required due to a Necessary Basic Configuration ChangeChange to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered TxDOT Additional Properties and TxDOT shall be responsible for the purchase price therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the SchematicSchematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of Developer with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 3.3.4 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration that which have been approved by TxDOT in the design approval process, unless Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 12 13 or unless the proposed change constitutes a VE pursuant to Section 2122. Developer acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact Developer’s ability to make non-material changes in the Basic Configuration. (a) Developer, through the appropriately qualified and licensed design professionals identified in Developer’s Project Management Plan shall prepare designs, plans and specifications in accordance with the Contract Documents. Developer shall cause the engineer of record for the Project to sign and seal all Final Design Documents. (b) Developer shall deliver to TxDOT accurate and complete duplicates of all interim, revised and final Design Documents (including Final Design Documents), Plans and Construction Documents within seven days after Developer completes preparation thereof. Developer shall construct the Project in accordance with the Final Design Documents and the Construction Documents. The Final Design Documents may be changed only with prior approval of TxDOT. Developer may modify the Construction Documents without prior approval of TxDOT, but must deliver the modifications to TxDOT in advance of performance of the applicable D&C Work.

Changes in Basic Configuration. 3.3.1 2.1.3.1 If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 2122. 3.3.2 2.1.3.2 Developer shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 1213, and subject to the limitations contained in Section 3.166.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on Developer’s costs. 3.3.3 2.1.3.3 Developer shall be responsible for any cost increases or and/or delays that which affect the duration of a Critical Path resulting from changes in requirements and obligations of Developer relating to the Project due to inaccuracies in the Schematic Design. Notwithstanding the foregoing, Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of New Environmental Approvals required for, necessary Hazardous Materials Management on, and additional Utility Adjustment Work on TxDOT on, Additional Properties required due to a Necessary Basic Configuration ChangeChange to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered TxDOT Additional Properties and TxDOT shall be responsible for the purchase price therefortherefor in accordance with Section 6.2.2. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the SchematicSchematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of Developer with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 3.3.4 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration that which have been approved by TxDOT in the design approval process, unless Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 12 13 or unless the proposed change constitutes a VE pursuant to Section 2122. Developer acknowledges and agrees that constraints set forth in the TxDOT-TxDOT- Provided Approvals, TxDOT Standards Standard Specifications and other Contract Documents, as well as site Site conditions and the Schematic Design, will impact Developer’s ability to make non-non- material changes in the Basic Configuration. (a) Developer, through the appropriately qualified and licensed design professionals identified in Developer’s Project Management Plan shall prepare designs, plans and specifications in accordance with the Contract Documents. Developer shall cause the engineer of record for the Project to sign and seal all Final Design Documents. (b) Developer shall deliver to TxDOT accurate and complete duplicates of all interim, revised and final Design Documents (including Final Design Documents), Plans and Construction Documents within seven days after Developer completes preparation thereof. Developer shall construct the Project in accordance with the Final Design Documents and the Construction Documents. The Final Design Documents may be changed only with prior approval of TxDOT. Developer may modify the Construction Documents without prior approval of TxDOT, but must deliver the modifications to TxDOT in advance of performance of the applicable D&C Work.

Changes in Basic Configuration. 3.3.1 2.1.3.1 If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 2122. 3.3.2 2.1.3.2 Developer shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 1213, and subject to the limitations contained in Section 3.166.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on Developer’s costs. 3.3.3 2.1.3.3 Developer shall be responsible for any cost increases or and/or delays that which affect the duration of a Critical Path resulting from changes in requirements and obligations of Developer relating to the Project due to inaccuracies in the Schematic DesignDraft Interim Schematic. Notwithstanding the foregoing, Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of additional Utility Adjustment Work on TxDOT Additional Properties required due to a Necessary Basic Configuration Change. Further, any right, title or interest in real property Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered TxDOT Additional Properties and TxDOT shall be responsible for the purchase price therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the SchematicDraft Interim Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of Developer with the exception of any TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 3.3.4 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration that which have been approved by TxDOT in the design approval process, unless Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 12 13 or unless the proposed change constitutes a VE pursuant to Section 21. Developer acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standards and other Contract Documents, as well as site conditions and the Schematic Design, will impact Developer’s ability to make non-material changes in the Basic Configuration. (a) Developer, through the appropriately qualified and licensed design professionals identified in Developer’s Project Management Plan shall prepare designs, plans and specifications in accordance with the Contract Documents. Developer shall cause the engineer of record for the Project to sign and seal all Final Design Documents. (b) Developer shall deliver to TxDOT accurate and complete duplicates of all interim, revised and final Design Documents (including Final Design Documents), Plans and Construction Documents within seven days after Developer completes preparation thereof. Developer shall construct the Project in accordance with the Final Design Documents and the Construction Documents. The Final Design Documents may be changed only with prior approval of TxDOT. Developer may modify the Construction Documents without prior approval of TxDOT, but must deliver the modifications to TxDOT in advance of performance of the applicable D&C Work.to