Common use of Conditions Precedent to Commencement of Construction Clause in Contracts

Conditions Precedent to Commencement of Construction. The Concessionaire shall not permit the Design Build Contractor to commence construction of any Construction Segment unless and until the following conditions have been satisfied or waived by the Department in either case in writing (the “Construction Segment Approval”): (i) The Concessionaire shall have delivered to the Department correct and complete copies of Design Documentation and Construction Documentation, as approved by the Department to the extent required under Section 7.05, relating to the applicable Construction Segment pursuant to Section 7.05(b), (c) and (d); (ii) All Regulatory Approvals (including Department Regulatory Approvals and any applicable FHWA approvals and agreements) necessary for the construction of the applicable Construction Segment shall have been acquired (and copies provided to the Department), and the Concessionaire has satisfied all applicable pre-construction requirements of the Regulatory Approvals; and (iii) All rights of access or other property rights necessary for the commencement of construction within the applicable portion of a Construction Segment shall have been obtained.

Conditions Precedent to Commencement of Construction. The Concessionaire shall not permit the Design Design-Build Contractor to commence construction of any Construction Segment unless and until the following conditions have been satisfied or waived by the Department in either case in writing (the “Construction Segment Approval”): (i) The Concessionaire shall have delivered to the Department correct and complete copies of Design Documentation and Construction Documentation, as approved by the Department to the extent required under Section 7.05, relating to the applicable Construction Segment pursuant to Section 7.05(b), (c) and (d)7.05; (ii) All Regulatory Approvals (including Department Regulatory Approvals and any applicable FHWA approvals and agreements) necessary for the construction of the applicable Construction Segment shall have been acquired (and copies provided to the Department), and the Concessionaire has satisfied all applicable pre-construction requirements of the Regulatory Approvals; and (iii) All rights of access or other property rights necessary for the commencement of construction within the applicable portion of a Construction Segment shall have been obtained.