Common use of Changes to Standards Clause in Contracts

Changes to Standards. (a) References in the Technical Provisions to manuals or other publications governing the Design Work or Construction Work shall mean the most recent editions in effect as of the Setting Date, unless expressly provided otherwise (e.g., Section 7.3.5.2, paragraph 3 of the Technical Provisions). Any changes to the Technical Provisions, including Safety Standards, respecting Design Work or Construction Work shall be subject to the Change Order process for a TxDOT Change in accordance with Article 13. Safety Compliance changes shall be in accordance with Section 25.5. (b) The Parties anticipate that from time to time after the Setting Date TxDOT will adopt, through revisions to existing manuals and publications or new manuals and publications, changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, relating to Design Work and Construction Work of general application to Comparable Limited Access Highways that are or become tolled or the subject of concession or public-private partnership agreements. TxDOT shall have the right to require Developer to comply with such changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, by notice to Developer, whereupon they shall constitute amendments to, and become part of, the Technical Provisions. If such changed, added or replacement Technical Provisions or Safety Standards encompass matters that are addressed in the Technical Provisions as of the Setting Date, they may, upon inclusion in the Technical Provisions (conformed as appropriate to be consistent with the CDA Documents), replace and supersede inconsistent provisions of the Technical Provisions to the extent designated by TxDOT in its discretion. TxDOT will identify the superseded provisions in its notice to Developer. Notwithstanding the foregoing, in the absence of a TxDOT Change and except as provided otherwise in Section 7.2.4(c) with respect to a Change in Law and Section 7.5.3 with respect to Adjustment Standards, if TxDOT adopts the changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions, including changed, added or replacement Safety Standards, prior to any Service Commencement Date, Developer shall not be obligated to (but may) incorporate the same into its design and construction of the Project prior to the Service Commencement Date. (c) New or revised statutes or regulations adopted after the Setting Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Design Work and Construction Work, as well as revisions to Technical Provisions to conform to such new or revised statutes or regulations, shall be treated as Changes in Law (including, to the extent expressly provided under other sections of this Agreement, Discriminatory Change in Law) rather than a TxDOT Change; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.

Changes to Standards. (a) References in the Technical Provisions to manuals or other publications governing the Design Work or Construction Work shall mean the most recent editions in effect as of the Setting Date, unless expressly provided otherwise (e.g., Section 7.3.5.2, paragraph 3 of the Technical Provisions). Any changes to the Technical Provisions, including Safety Standards, respecting Design Work or Construction Work shall be subject to the Change Order process for a TxDOT Change in accordance with Article 13. Safety Compliance changes shall be in accordance with Section 25.5. (b) The Parties anticipate that from time to time after the Setting Date TxDOT will adopt, through revisions to existing manuals and publications or new manuals and publications, changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, relating to Design Work and Construction Work of general application to Comparable Limited Access Highways that are or become tolled or the subject of concession or public-private partnership agreements. TxDOT shall have the right to require Developer to comply with such changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, by notice to Developer, whereupon they shall constitute amendments to, and become part of, the Technical Provisions. If such changed, added or replacement Technical Provisions or Safety Standards encompass matters that are addressed in the Technical Provisions as of the Setting Date, they may, upon inclusion in the Technical Provisions (conformed as appropriate to be consistent with the CDA Documents), replace and supersede inconsistent provisions of the Technical Provisions to the extent designated by TxDOT in its discretion. TxDOT will identify the superseded provisions in its notice to Developer. Notwithstanding the foregoing, in the absence of a TxDOT Change and except as provided otherwise in Section 7.2.4(c) with respect to a Change in Law and Section 7.5.3 with 11.2.1with respect to Adjustment Standards, if TxDOT adopts the changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions, including changed, added or replacement Safety Standards, prior to any Service Commencement Date, Developer shall not be obligated to (but may) incorporate the same into its design and construction of the Project prior to the Service Commencement Date. (c) New or revised statutes or regulations adopted after the Setting Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Design Work and Construction Work, as well as revisions to Technical Provisions to conform to such new or revised statutes or regulations, shall be treated as Changes in Law (including, to the extent expressly provided under other sections of this Agreement, Discriminatory Change in Law) rather than a TxDOT Change; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.

Changes to Standards. (a) References in the Technical Provisions to manuals or other publications governing the Design Work or Construction Work shall mean the most recent editions in effect as of the Setting Date, unless expressly provided otherwise (e.g., Section 7.3.5.2, paragraph 3 of the Technical Provisions). Any changes to the Technical Provisions, including Safety Standards, respecting Design Work or Construction Work shall be subject to the Change Order process for a TxDOT Change in accordance with Article 13. Safety Compliance changes shall be in accordance with Section 25.5. (b) The Parties anticipate that from time to time after the Setting Date TxDOT will adopt, through revisions to existing manuals and publications or new manuals and publications, changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, relating to Design Work and Construction Work of general application to Comparable Limited Access Highways that are or become tolled or the subject of concession or public-private partnership agreements. TxDOT shall have the right to require Developer to comply with such changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, by notice to Developer, whereupon they shall constitute amendments to, and become part of, the Technical Provisions. If such changed, added or replacement Technical Provisions or Safety Standards encompass matters that are addressed in the Technical Provisions as of the Setting Date, they may, upon inclusion in the Technical Provisions (conformed as appropriate to be consistent with the CDA Documents), replace and supersede inconsistent provisions of the Technical Provisions to the extent designated by TxDOT in its discretion. TxDOT will identify the superseded provisions in its notice to Developer. Notwithstanding the foregoing, in the absence of a TxDOT Change and except as provided otherwise in Section 7.2.4(c) with respect to a Change in Law and Section 7.5.3 11.2.1 with respect to Adjustment Standards, if TxDOT adopts the changed, added or replacement standards, criteria, requirements, conditions, procedures, specifications and other provisions, including changed, added or replacement Safety Standards, prior to any Service Commencement Date, Developer shall not be obligated to (but may) incorporate the same into its design and construction of the Project prior to the Service Commencement Date. (c) New or revised statutes or regulations adopted after the Setting Date that change, add to or replace applicable standards, criteria, requirements, conditions, procedures, specifications and other provisions, including Safety Standards, related to the Design Work and Construction Work, as well as revisions to Technical Provisions to conform to such new or revised statutes or regulations, shall be treated as Changes in Law (including, to the extent expressly provided under other sections of this Agreement, Discriminatory Change in Law) rather than a TxDOT Change; however, the foregoing shall not apply to new or revised statutes or regulations that also cause or constitute changes in Adjustment Standards.