Construction Work and Operating Period Generally. Except to the extent expressly permitted in writing by TxDOT, Developer shall not commence or permit or suffer commencement of construction of the Facility or applicable portion thereof until TxDOT issues NTP2 (and, (i) with respect to the General Purpose Lane Capacity Improvement, , until TxDOT issues NTP GP or the occurrence of the General Purpose Capacity Improvement Trigger Event, (ii) with respect to the Managed Lane Capacity Improvement, until TxDOT issues NTP ML or the occurrence of the Managed Lanes Capacity Improvement Trigger Event, and (iii) with respect to the Interchange Capacity Improvement, until TxDOT issues NTP IC) and all of the following conditions have been satisfied: 7.6.1.1 All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Facility have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals; 7.6.1.2 Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Facility Right of Way necessary for commencement of construction of the applicable portion of the Facility and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT; 7.6.1.3 Developer has satisfied for the applicable portion of the Facility all applicable pre-construction requirements contained in the NEPA Approval and other Governmental Approvals; 7.6.1.4 Each Payment and Performance Bond, in form and from a Surety approved by TxDOT and with TxDOT named as a dual obligee, required under Section 16.2.1 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer or the Collateral Agent for the senior Facility Debt; 7.6.1.5 The guarantees in favor of TxDOT, if any, required under Section 16.4 have been obtained and delivered to TxDOT; 7.6.1.6 All Insurance Policies required under Section 16.1 for construction have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such Insurance Policies; 7.6.1.7 Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 9.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Facility Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions; 7.6.1.8 Developer has delivered to TxDOT and the Independent Engineer all Submittals relating to the Construction Work required by the Facility Management Plan or CDA Documents, in the form and content required by the Facility Management Plan or CDA Documents; 7.6.1.9 Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, which demonstration shall consist of (a) delivery to TxDOT of a written certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors (other than NTTA) are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Facility in accordance with the terms and conditions of the CDA Documents and Facility Management Plan pertaining to the Operating Period, (b) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (c) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Hazardous Material Management Plan and Section 4.3.4 of the Technical Provisions; 7.6.1.10 All component parts, plans and documentation of the Facility Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Management Plan; 7.6.1.11 All Submittals required by the Facility Management Plan or CDA Documents to be submitted to TxDOT and the Independent Engineer and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Management Plan or CDA Documents; 7.6.1.12 Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals; 7.6.1.13 All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4; 7.6.1.14 Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT; 7.6.1.15 Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT; 7.6.1.16 All representations and warranties of Developer set forth in Section 15.1 shall be and remain true and correct in all material respects; 7.6.1.17 Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities (other than NTTA), including Developer’s supervisory and management personnel in dealing with (a) TxDOT and the Independent Engineer and (b) employment relations, in accordance with Section 10.7.1; 7.6.1.18 There exists no uncured Developer Default for which Developer has received written notice from TxDOT, unless, (a) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement regarding the amount in dispute, or (b) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and 7.6.1.19 Developer has provided to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
Appears in 4 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Construction Work and Operating Period Generally. Except to the extent expressly permitted in writing by TxDOT, Developer shall not commence or permit or suffer commencement of construction of the Facility Project or applicable portion thereof until TxDOT issues NTP2 (and, (i) with respect to the General Purpose Lane IH 35E Capacity Improvement, Improvement Section or applicable portion thereof, until TxDOT issues NTP GP or the occurrence of the General Purpose Capacity Improvement Trigger Event, (ii) with respect to the Managed Lane Capacity Improvement, until TxDOT issues NTP ML or the occurrence of the Managed Lanes Capacity Improvement Trigger Event, and (iii) with respect to the Interchange Capacity Improvement, until TxDOT issues NTP ICNTP3) and all of the following conditions have been satisfied:. Developer shall provide to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
7.6.1.1 All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Facility Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals;
7.6.1.2 Fee simple title or other property rights or, if acceptable to TxDOT in its sole discretion discretion, other property rights, for the Facility Project Right of Way necessary for commencement of construction of the applicable portion of the Facility Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT;
7.6.1.3 Developer has satisfied for the applicable portion of the Facility Project all applicable pre-construction requirements contained in the NEPA Approval and other Governmental Approvals;
7.6.1.4 Each of the Payment and Performance BondBonds, in form and from a Surety approved by TxDOT and with TxDOT named as a dual obligee, required under Section 16.2.1 16.2 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer or the Collateral Agent for the senior Facility Project Debt;
7.6.1.5 The guarantees in favor of TxDOT, if any, required under Section 16.4 have been obtained and delivered to TxDOT;
7.6.1.6 All Insurance Policies required under Section 16.1 for construction have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such Insurance Policies;
7.6.1.7 Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 9.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Facility Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions;
7.6.1.8 Developer has delivered to TxDOT and the Independent Engineer all Submittals relating to the Construction Work required by the Facility Project Management Plan or CDA Documents, in the form and content required by the Facility Project Management Plan or CDA Documents;
7.6.1.9 Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, which demonstration shall consist of (a) delivery to TxDOT of a written certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors (other than NTTA) are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Facility Project in accordance with the terms and conditions of the CDA Documents and Facility Project Management Plan pertaining to the Operating Period, (b) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (c) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Hazardous Material Management Plan and Section 4.3.4 of the Technical Provisions;
7.6.1.10 All component parts, plans and documentation of the Facility Project Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Project Management Plan;
7.6.1.11 All Submittals required by the Facility Project Management Plan or CDA Documents to be submitted to TxDOT and the Independent Engineer and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Project Management Plan or CDA Documents;
7.6.1.12 Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
7.6.1.13 All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4;
7.6.1.14 Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT;
7.6.1.15 Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT;
7.6.1.16 7.6.1.15 All representations and warranties of Developer set forth in Section 15.1 shall be and remain true and correct in all material respects;
7.6.1.17 7.6.1.16 Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities (other than NTTA), including Developer’s supervisory and management personnel in dealing with (a) TxDOT and the Independent Engineer and (b) employment relations, in accordance with Section 10.7.1;; and
7.6.1.18 7.6.1.17 There exists no uncured Developer Default for which Developer has received written notice from TxDOT, unless, (a) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Project Trust Agreement regarding the amount in dispute, or (b) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and
7.6.1.19 Developer has provided to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Construction Work and Operating Period Generally. Except to the extent expressly permitted in writing by TxDOT, Developer shall not commence or permit or suffer commencement of construction of the Facility or applicable portion thereof until TxDOT issues NTP2 (and, (i) with respect to the General Purpose Lane Capacity Improvement, Interchange Capacity Improvement, until TxDOT issues NTP GP or the occurrence of the General Purpose Capacity Improvement Trigger Event, (ii) with respect to the Managed Lane Capacity Improvement, until TxDOT issues NTP ML or the occurrence of the Managed Lanes Capacity Improvement Trigger EventGP, and (iii) with respect to the Interchange Capacity Improvement, until TxDOT issues NTP IC, or NTP ML (respectively)) and all of the following conditions have been satisfied:
7.6.1.1 All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Facility have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals;
7.6.1.2 Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Facility Right of Way necessary for commencement of construction of the applicable portion of the Facility and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT;
7.6.1.3 Developer has satisfied for the applicable portion of the Facility all applicable pre-construction requirements contained in the NEPA Approval and other Governmental Approvals;
7.6.1.4 Each Payment and Performance Bond, in form and from a Surety surety approved by TxDOT and with TxDOT named as a dual obligee, required under Section 16.2.1 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer or the Collateral Agent for the senior Facility Debt;
7.6.1.5 The guarantees in favor of TxDOT, if any, required under Section 16.4 have been obtained and delivered to TxDOT;
7.6.1.6 All Insurance Policies required under Section 16.1 for construction have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such Insurance Policies;
7.6.1.7 Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 9.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Facility Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions;
7.6.1.8 Developer has delivered to TxDOT and the Independent Engineer all Submittals relating to the Construction Work required by the Facility Management Plan or CDA Documents, in the form and content required by the Facility Management Plan or CDA Documents;
7.6.1.9 Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, which demonstration shall consist of (a) delivery to TxDOT of a written certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors (other than NTTA) are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Facility in accordance with the terms and conditions of the CDA Documents and Facility Management Plan pertaining to the Operating Period, (b) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (c) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Hazardous Material Management Plan and Section 4.3.4 of the Technical Provisions;)
7.6.1.10 All component parts, plans and documentation of the Facility Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Management Plan;
7.6.1.11 All Submittals required by the Facility Management Plan or CDA Documents to be submitted to TxDOT and the Independent Engineer and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Management Plan or CDA Documents;
7.6.1.12 Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
7.6.1.13 All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4;
7.6.1.14 Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT;
7.6.1.15 Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT;
7.6.1.16 All representations and warranties of Developer set forth in Section 15.1 shall be and remain true and correct in all material respects;
7.6.1.17 Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities (other than NTTA), including Developer’s supervisory and management personnel in dealing with (a) TxDOT and the Independent Engineer and (b) employment relations, in accordance with Section 10.7.1;
7.6.1.18 There exists no uncured Developer Default for which Developer has received written notice from TxDOT, unless, (a) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement regarding the amount in dispute, or (b) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and
7.6.1.19 Developer has provided to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Construction Work and Operating Period Generally. Except to the extent expressly permitted in writing by TxDOT, Developer shall not commence or permit or suffer commencement of construction of the Facility Project or applicable portion thereof until TxDOT issues NTP2 (and, (i) with respect to the General Purpose Lane IH 35E Capacity Improvement, Improvement Section or applicable portion thereof, until TxDOT issues NTP GP or the occurrence of the General Purpose Capacity Improvement Trigger Event, (ii) with respect to the Managed Lane Capacity Improvement, until TxDOT issues NTP ML or the occurrence of the Managed Lanes Capacity Improvement Trigger Event, and (iii) with respect to the Interchange Capacity Improvement, until TxDOT issues NTP ICNTP3) and all of the following conditions have been satisfied:. Developer shall provide to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
7.6.1.1 All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Facility Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals;
7.6.1.2 Fee simple title or other property rights or, if acceptable to TxDOT in its sole discretion discretion, other property rights, for the Facility Project Right of Way necessary for commencement of construction of the applicable portion of the Facility Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT;
7.6.1.3 Developer has satisfied for the applicable portion of the Facility Project all applicable pre-construction requirements contained in the NEPA Approval and other Governmental Approvals;
7.6.1.4 Each of the Payment and Performance BondBonds, in form and from a Surety surety approved by TxDOT and with TxDOT named as a dual obligee, required under Section 16.2.1 16.2 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer or the Collateral Agent for the senior Facility Project Debt;
7.6.1.5 The guarantees in favor of TxDOT, if any, required under Section 16.4 have been obtained and delivered to TxDOT;
7.6.1.6 All Insurance Policies required under Section 16.1 for construction have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such Insurance Policies;
7.6.1.7 Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 9.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Facility Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions;
7.6.1.8 Developer has delivered to TxDOT and the Independent Engineer all Submittals relating to the Construction Work required by the Facility Project Management Plan or CDA Documents, in the form and content required by the Facility Project Management Plan or CDA Documents;
7.6.1.9 Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, which demonstration shall consist of (a) delivery to TxDOT of a written certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors (other than NTTA) are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Facility Project in accordance with the terms and conditions of the CDA Documents and Facility Management Plan pertaining to the Operating Period, (b) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (c) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Hazardous Material Management Plan and Section 4.3.4 of the Technical Provisions;Project Management
7.6.1.10 All component parts, plans and documentation of the Facility Project Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Project Management Plan;
7.6.1.11 All Submittals required by the Facility Project Management Plan or CDA Documents to be submitted to TxDOT and the Independent Engineer and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Project Management Plan or CDA Documents;
7.6.1.12 Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
7.6.1.13 All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4;
7.6.1.14 Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT;
7.6.1.15 Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT;
7.6.1.16 7.6.1.15 All representations and warranties of Developer set forth in Section 15.1 shall be and remain true and correct in all material respects;
7.6.1.17 7.6.1.16 Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities (other than NTTA), including Developer’s supervisory and management personnel in dealing with (a) TxDOT and the Independent Engineer and (b) employment relations, in accordance with Section 10.7.1;; and
7.6.1.18 7.6.1.17 There exists no uncured Developer Default for which Developer has received written notice from TxDOT, unless, (a) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Project Trust Agreement regarding the amount in dispute, or (b) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and
7.6.1.19 Developer has provided to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Construction Work and Operating Period Generally. Except to the extent expressly permitted in writing by TxDOT, Developer shall not commence or permit or suffer commencement of construction of the Facility or applicable portion thereof until TxDOT issues NTP2 (and, (i) with respect to the General Purpose Lane Capacity Improvement, , until TxDOT issues NTP GP or the occurrence of the General Purpose Capacity Improvement Trigger Event, (ii) with respect to the Managed Lane Capacity Improvement, until TxDOT issues NTP ML or the occurrence of the Managed Lanes Capacity Improvement Trigger Event, and (iii) with respect to the Interchange Capacity Improvement, until TxDOT issues NTP IC) and all of the following conditions have been satisfied:
7.6.1.1 All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Facility have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals;
7.6.1.2 Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Facility Right of Way necessary for commencement of construction of the applicable portion of the Facility and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT;
7.6.1.3 Developer has satisfied for the applicable portion of the Facility all applicable pre-construction requirements contained in the NEPA Approval and other Governmental Approvals;
7.6.1.4 Each Payment and Performance Bond, in form and from a Surety surety approved by TxDOT and with TxDOT named as a dual obligee, required under Section 16.2.1 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer or the Collateral Agent for the senior Facility Debt;
7.6.1.5 The guarantees in favor of TxDOT, if any, required under Section 16.4 have been obtained and delivered to TxDOT;
7.6.1.6 All Insurance Policies required under Section 16.1 for construction have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such Insurance Policies;
7.6.1.7 Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 9.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Facility Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions;
7.6.1.8 Developer has delivered to TxDOT and the Independent Engineer all Submittals relating to the Construction Work required by the Facility Management Plan or CDA Documents, in the form and content required by the Facility Management Plan or CDA Documents;
7.6.1.9 Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, which demonstration shall consist of (a) delivery to TxDOT of a written certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors (other than NTTA) are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Facility in accordance with the terms and conditions of the CDA Documents and Facility Management Plan pertaining to the Operating Period, (b) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (c) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Hazardous Material Management Plan and Section 4.3.4 of the Technical Provisions;accordance
7.6.1.10 All component parts, plans and documentation of the Facility Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Management Plan;
7.6.1.11 All Submittals required by the Facility Management Plan or CDA Documents to be submitted to TxDOT and the Independent Engineer and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Management Plan or CDA Documents;
7.6.1.12 Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
7.6.1.13 All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4;
7.6.1.14 Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT;
7.6.1.15 Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT;
7.6.1.16 All representations and warranties of Developer set forth in Section 15.1 shall be and remain true and correct in all material respects;
7.6.1.17 Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities (other than NTTA)Entities, including Developer’s supervisory and management personnel in dealing with (a) TxDOT and the Independent Engineer and (b) employment relations, in accordance with Section 10.7.1;
7.6.1.18 There exists no uncured Developer Default for which Developer has received written notice from TxDOT, unless, (a) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement regarding the amount in dispute, or (b) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and
7.6.1.19 Developer has provided to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Construction Work and Operating Period Generally. Except to the extent expressly permitted in writing by TxDOT, Developer shall not commence or permit or suffer commencement of construction of the Facility or applicable portion thereof until TxDOT issues NTP2 (and, (i) with respect to the General Purpose Lane Capacity Improvement, , until TxDOT issues NTP GP or the occurrence of the General Purpose Capacity Improvement Trigger Event, (ii) with respect to the Managed Lane Capacity Improvement, until TxDOT issues NTP ML or the occurrence of the Managed Lanes Capacity Improvement Trigger Event, and (iii) with respect to the Interchange Capacity Improvement, until TxDOT issues NTP IC) and all of the following conditions have been satisfied:
7.6.1.1 All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Facility have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals;
7.6.1.2 Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Facility Right of Way necessary for commencement of construction of the applicable portion of the Facility and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT;
7.6.1.3 Developer has satisfied for the applicable portion of the Facility all applicable pre-construction requirements contained in the NEPA Approval and other Governmental Approvals;
7.6.1.4 Each Payment and Performance Bond, in form and from a Surety approved by TxDOT and with TxDOT named as a dual obligee, required under Section 16.2.1 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer or the Collateral Agent for the senior Facility Debt;
7.6.1.5 The guarantees in favor of TxDOT, if any, required under Section 16.4 have been obtained and delivered to TxDOT;
7.6.1.6 All Insurance Policies required under Section 16.1 for construction have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such Insurance Policies;
7.6.1.7 Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 9.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Facility Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions;
7.6.1.8 Developer has delivered to TxDOT and the Independent Engineer all Submittals relating to the Construction Work required by the Facility Management Plan or CDA Documents, in the form and content required by the Facility Management Plan or CDA Documents;
7.6.1.9 Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, which demonstration shall consist of (a) delivery to TxDOT of a written certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors (other than NTTA) are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Facility in accordance with the terms and conditions of the CDA Documents and Facility Management Plan pertaining to the Operating Period, (b) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (c) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Hazardous Material Management Plan and Section 4.3.4 of the Technical Provisions;the
7.6.1.10 All component parts, plans and documentation of the Facility Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Management Plan;
7.6.1.11 All Submittals required by the Facility Management Plan or CDA Documents to be submitted to TxDOT and the Independent Engineer and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Management Plan or CDA Documents;
7.6.1.12 Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
7.6.1.13 All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4;
7.6.1.14 Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT;
7.6.1.15 Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT;
7.6.1.16 All representations and warranties of Developer set forth in Section 15.1 shall be and remain true and correct in all material respects;
7.6.1.17 Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities (other than NTTA), including Developer’s supervisory and management personnel in dealing with (a) TxDOT and the Independent Engineer and (b) employment relations, in accordance with Section 10.7.1;
7.6.1.18 There exists no uncured Developer Default for which Developer has received written notice from TxDOT, unless, (a) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement regarding the amount in dispute, or (b) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and
7.6.1.19 Developer has provided to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Construction Work and Operating Period Generally. Except to the extent expressly permitted in writing by TxDOT, Developer shall not commence or permit or suffer commencement of construction of the Facility Project or applicable portion thereof until TxDOT issues NTP2 (and, (i) with respect to the General Purpose Lane Capacity Improvement, , until TxDOT issues NTP GP or the occurrence of the General Purpose Capacity Improvement Trigger Event, (ii) with respect to the Managed Lane Capacity Improvement, until TxDOT issues NTP ML or the occurrence of the Managed Lanes Capacity Improvement Trigger Event, and (iii) with respect to the Interchange Capacity Improvement, until TxDOT issues NTP IC) and all of the following conditions have been satisfied:. Developer shall provide to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
7.6.1.1 All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Facility Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals;
7.6.1.2 Fee simple title or other property rights or, if acceptable to TxDOT in its sole discretion discretion, other property rights, for the Facility Project Right of Way necessary for commencement of construction of the applicable portion of the Facility Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT;
7.6.1.3 Developer has satisfied for the applicable portion of the Facility Project all applicable pre-construction requirements contained in the NEPA Approval and other Governmental Approvals;
7.6.1.4 Each of the Payment and Performance BondBonds, in form and from a Surety surety approved by TxDOT and with TxDOT named as a dual obligee, required under Section 16.2.1 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer or the Collateral Agent for the senior Facility Project Debt;
7.6.1.5 The guarantees in favor of TxDOT, if any, required under Section 16.4 have been obtained and delivered to TxDOT;
7.6.1.6 All Insurance Policies required under Section 16.1 for construction have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such Insurance Policies;
7.6.1.7 Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 9.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Facility Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions;
7.6.1.8 Developer has delivered to TxDOT and the Independent Engineer all Submittals relating to the Construction Work required by the Facility Project Management Plan or CDA Documents, in the form and content required by the Facility Project Management Plan or CDA Documents;
7.6.1.9 Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, which demonstration shall consist of (a) delivery to TxDOT of a written certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors (other than NTTA) are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Facility Project in accordance with the terms and conditions of the CDA Documents and Facility Project Management Plan pertaining to the Operating Period, (b) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (c) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Hazardous Material Management Plan and Section 4.3.4 of the Technical Provisions;completion
7.6.1.10 All component parts, plans and documentation of the Facility Project Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Project Management Plan;
7.6.1.11 All Submittals required by the Facility Project Management Plan or CDA Documents to be submitted to TxDOT and the Independent Engineer and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Project Management Plan or CDA Documents;
7.6.1.12 Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
7.6.1.13 All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4;
7.6.1.14 Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT;
7.6.1.15 Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT;
7.6.1.16 All representations and warranties of Developer set forth in Section 15.1 shall be and remain true and correct in all material respects;
7.6.1.17 Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities (other than NTTA)Entities, including Developer’s supervisory and management personnel in dealing with (a) TxDOT and the Independent Engineer and (b) employment relations, in accordance with Section 10.7.1;
7.6.1.18 There exists no uncured Developer Default for which Developer has received written notice from TxDOT, unless, (a) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement regarding the amount in dispute, or (b) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and
7.6.1.19 Developer has provided to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Construction Work and Operating Period Generally. Except to the extent expressly permitted in writing by TxDOT, Developer shall not commence or permit or suffer commencement of construction of the Facility Project or applicable portion thereof until TxDOT issues NTP2 (and, (i) with respect to the General Purpose Lane IH 35E Capacity Improvement, Improvement Section or applicable portion thereof, until TxDOT issues NTP GP or the occurrence of the General Purpose Capacity Improvement Trigger Event, (ii) with respect to the Managed Lane Capacity Improvement, until TxDOT issues NTP ML or the occurrence of the Managed Lanes Capacity Improvement Trigger Event, and (iii) with respect to the Interchange Capacity Improvement, until TxDOT issues NTP ICNTP3) and all of the following conditions have been satisfied:. Developer shall provide to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
7.6.1.1 All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Facility Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals;
7.6.1.2 Fee simple title or other property rights or, if acceptable to TxDOT in its sole discretion discretion, other property rights, for the Facility Project Right of Way necessary for commencement of construction of the applicable portion of the Facility Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT;
7.6.1.3 Developer has satisfied for the applicable portion of the Facility Project all applicable pre-construction requirements contained in the NEPA Approval and other Governmental Approvals;
7.6.1.4 Each of the Payment and Performance BondBonds, in form and from a Surety surety approved by TxDOT and with TxDOT named as a dual obligee, required under Section 16.2.1 16.2 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer or the Collateral Agent for the senior Facility Project Debt;
7.6.1.5 The guarantees in favor of TxDOT, if any, required under Section 16.4 have been obtained and delivered to TxDOT;
7.6.1.6 All Insurance Policies required under Section 16.1 for construction have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such Insurance Policies;
7.6.1.7 Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 9.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Facility Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions;
7.6.1.8 Developer has delivered to TxDOT and the Independent Engineer all Submittals relating to the Construction Work required by the Facility Project Management Plan or CDA Documents, in the form and content required by the Facility Project Management Plan or CDA Documents;
7.6.1.9 Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, which demonstration shall consist of (a) delivery to TxDOT of a written certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors (other than NTTA) are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Facility Project in accordance with the terms and conditions of the CDA Documents and Facility Project Management Plan pertaining to the Operating Period, (b) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (c) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Hazardous Material Management Plan and Section 4.3.4 of the Technical Provisions;that
7.6.1.10 All component parts, plans and documentation of the Facility Project Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Project Management Plan;
7.6.1.11 All Submittals required by the Facility Project Management Plan or CDA Documents to be submitted to TxDOT and the Independent Engineer and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Project Management Plan or CDA Documents;
7.6.1.12 Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
7.6.1.13 All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4;
7.6.1.14 Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT;
7.6.1.15 Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT;
7.6.1.16 7.6.1.15 All representations and warranties of Developer set forth in Section 15.1 shall be and remain true and correct in all material respects;
7.6.1.17 7.6.1.16 Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities (other than NTTA), including Developer’s supervisory and management personnel in dealing with (a) TxDOT and the Independent Engineer and (b) employment relations, in accordance with Section 10.7.1;; and
7.6.1.18 7.6.1.17 There exists no uncured Developer Default for which Developer has received written notice from TxDOT, unless, (a) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Project Trust Agreement regarding the amount in dispute, or (b) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and
7.6.1.19 Developer has provided to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Construction Work and Operating Period Generally. Except to the extent expressly permitted in writing by TxDOT, Developer shall not commence or permit or suffer commencement of construction of the Facility Project or applicable portion thereof until TxDOT issues NTP2 (and, (i) with respect to the General Purpose Lane IH 35E Capacity Improvement, Improvement Section or applicable portion thereof, until TxDOT issues NTP GP or the occurrence of the General Purpose Capacity Improvement Trigger Event, (ii) with respect to the Managed Lane Capacity Improvement, until TxDOT issues NTP ML or the occurrence of the Managed Lanes Capacity Improvement Trigger Event, and (iii) with respect to the Interchange Capacity Improvement, until TxDOT issues NTP ICNTP3) and all of the following conditions have been satisfied:. Developer shall provide to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
7.6.1.1 All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Facility Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals;
7.6.1.2 Fee simple title or other property rights or, if acceptable to TxDOT in its sole discretion discretion, other property rights, for the Facility Project Right of Way necessary for commencement of construction of the applicable portion of the Facility Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT;
7.6.1.3 Developer has satisfied for the applicable portion of the Facility Project all applicable pre-construction requirements contained in the NEPA Approval and other Governmental Approvals;
7.6.1.4 Each of the Payment and Performance BondBonds, in form and from a Surety surety approved by TxDOT and with TxDOT named as a dual obligee, required under Section 16.2.1 16.2 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer or the Collateral Agent for the senior Facility Project Debt;
7.6.1.5 The guarantees in favor of TxDOT, if any, required under Section 16.4 have been obtained and delivered to TxDOT;
7.6.1.6 All Insurance Policies required under Section 16.1 for construction have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such Insurance Policies;
7.6.1.7 Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 9.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Facility Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions;
7.6.1.8 Developer has delivered to TxDOT and the Independent Engineer all Submittals relating to the Construction Work required by the Facility Project Management Plan or CDA Documents, in the form and content required by the Facility Project Management Plan or CDA Documents;
7.6.1.9 Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, which demonstration shall consist of (a) delivery to TxDOT of a written certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors (other than NTTA) are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Facility Project in accordance with the terms and conditions of the CDA Documents and Facility Project Management Plan pertaining to the Operating Period, (b) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (c) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Hazardous Material Management Plan and Section 4.3.4 of the Technical Provisions;
7.6.1.10 All component parts, plans and documentation of the Facility Project Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Project Management Plan;
7.6.1.11 All Submittals required by the Facility Project Management Plan or CDA Documents to be submitted to TxDOT and the Independent Engineer and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Project Management Plan or CDA Documents;
7.6.1.12 Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
7.6.1.13 All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4;
7.6.1.14 Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT;
7.6.1.15 Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT;
7.6.1.16 7.6.1.15 All representations and warranties of Developer set forth in Section 15.1 shall be and remain true and correct in all material respects;
7.6.1.17 7.6.1.16 Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities (other than NTTA), including Developer’s supervisory and management personnel in dealing with (a) TxDOT and the Independent Engineer and (b) employment relations, in accordance with Section 10.7.1;; and
7.6.1.18 7.6.1.17 There exists no uncured Developer Default for which Developer has received written notice from TxDOT, unless, (a) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement regarding the amount in dispute, or (b) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and
7.6.1.19 Developer has provided to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.that
Appears in 1 contract
Samples: Comprehensive Development Agreement
Construction Work and Operating Period Generally. Except to the extent expressly permitted in writing by TxDOT, Developer shall not commence or permit or suffer commencement of construction of the Facility (other than the TxDOT Works) or applicable portion thereof until TxDOT issues NTP2 or NTP2 (and3C), (i) with respect to as the General Purpose Lane Capacity Improvementcase may be, , until TxDOT issues NTP GP or the occurrence of the General Purpose Capacity Improvement Trigger Event, (ii) with respect to the Managed Lane Capacity Improvement, until TxDOT issues NTP ML or the occurrence of the Managed Lanes Capacity Improvement Trigger Event, and (iii) with respect to the Interchange Capacity Improvement, until TxDOT issues NTP IC) and all of the following conditions have been satisfied:
7.6.1.1 All Governmental Approvals (including the TxDOT-Provided Approvals) necessary to begin Construction Work (or the relevant portion thereof) in the applicable portion of the Facility (other than the TxDOT Works) have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals (other than the TxDOT-Provided Approvals);
7.6.1.2 Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Facility Right of Way necessary for commencement of construction of the applicable portion of the Facility (other than the TxDOT Works) and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT;
7.6.1.3 Developer has satisfied for the applicable portion of the Facility (other than the TxDOT Works) all applicable pre-construction requirements contained in the NEPA Approval and other Governmental Approvals;
7.6.1.4 Each Payment and Performance Bond, in form and from a Surety approved by TxDOT and with TxDOT named as a dual obligee, required under Section 16.2.1 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified P&P Bonds in accordance with Section 16.2 and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer or the Collateral Agent for the senior Facility DebtExhibit 31;
7.6.1.5 The guarantees in favor of TxDOT, if any, required under Section 16.4 have been obtained and delivered to TxDOT;
7.6.1.6 All Insurance Policies required under Section 16.1 for construction have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such Insurance Policies;
7.6.1.7 For the Segment 3A Facility Segment, Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 9.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Facility Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions;
7.6.1.8 Developer has delivered to TxDOT and the Independent Engineer all Submittals relating to the Construction Work required by the Facility Management Plan or CDA FA Documents, in the form and content required by the Facility Management Plan or CDA FA Documents;
7.6.1.9 Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, which demonstration shall consist of (a) delivery to TxDOT of a written certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors (other than NTTA) are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Facility in accordance with the terms and conditions of the CDA Documents and Facility Management Plan pertaining to the Operating Period, (b) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (c) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Hazardous Material Management Plan and Section 4.3.4 of the Technical Provisions;acceptable
7.6.1.10 All For the Segment 3A Facility Segment, all component parts, plans and documentation of the Facility Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Management Plan;
7.6.1.11 All For the Segment 3A Facility Segment, all Submittals required by the Facility Management Plan or CDA FA Documents to be submitted to TxDOT and the Independent Engineer and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Management Plan or CDA FA Documents;
7.6.1.12 Developer has received, and paid all associated fees for, all All applicable Governmental Approvals and other third party approvals required for use and operationoperation have been obtained, Developer has paid all associated fees, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
7.6.1.13 All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4;
7.6.1.14 Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT;
7.6.1.15 Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT;
7.6.1.16 All representations and warranties of Developer set forth in Section 15.1 shall be and remain true and correct in all material respects;
7.6.1.17 Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities (other than NTTA)Entities, including Developer’s supervisory and management personnel in dealing with (a) TxDOT and the Independent Engineer and (b) employment relations, in accordance with Section 10.7.1;
7.6.1.18 There exists no uncured Developer Default for which Developer has received written notice from TxDOT, unless, (a) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement regarding the amount in dispute, or (b) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and;
7.6.1.19 Developer has provided to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1;
7.6.1.20 The existing facilities, structures and environmentally sensitive areas in the vicinity of the Site but not included as part of the Work under Section 4.3.7 of the Technical Provisions comply with the requirements of the Facility Agreement and the Technical Provisions, as applicable; and
7.6.1.21 In the case of issuance of NTP2, Financial Close has occurred, and in the case of issuance of NTP2 (3C), Financial Close (3C) has occurred; and
7.6.1.22 In the case of the Segment 3C Facility Segment, all Submittals listed in Exhibit 32 as being required prior to issuance of NTP2 (3C) have been submitted to and approved by TxDOT and the Independent Engineer, which Submittals shall take into account the Segment 3C Facility Segment and shall be in the form and content required by the Facility Management Plan or FA Documents.
Appears in 1 contract
Samples: Facility Agreement
Construction Work and Operating Period Generally. Except to the extent expressly permitted in writing by TxDOT, Developer shall not commence or permit or suffer commencement of construction of the Facility or applicable portion thereof until TxDOT issues NTP2 (and, (i) with respect to the General Purpose Lane Capacity Improvement, , until TxDOT issues NTP GP or the occurrence of the General Purpose Capacity Improvement Trigger Event, (ii) with respect to the Managed Lane Capacity Improvement, until TxDOT issues NTP ML or the occurrence of the Managed Lanes Capacity Improvement Trigger Event, and (iii) with respect to the Interchange Capacity Improvement, until TxDOT issues NTP IC) and all of the following conditions have been satisfied:
7.6.1.1 All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Facility have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals;
7.6.1.2 Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Facility Right of Way necessary for commencement of construction of the applicable portion of the Facility and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT;
7.6.1.3 Developer has satisfied for the applicable portion of the Facility all applicable pre-construction requirements contained in the NEPA Approval and other Governmental Approvals;
7.6.1.4 Each Payment and Performance Bond, in form and from a Surety surety approved by TxDOT and with TxDOT named as a dual obligee, required under Section 16.2.1 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer or the Collateral Agent for the senior Facility Debt;
7.6.1.5 The guarantees in favor of TxDOT, if any, required under Section 16.4 have been obtained and delivered to TxDOT;
7.6.1.6 All Insurance Policies required under Section 16.1 for construction have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such Insurance Policies;
7.6.1.7 Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 9.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Facility Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions;
7.6.1.8 Developer has delivered to TxDOT and the Independent Engineer all Submittals relating to the Construction Work required by the Facility Management Plan or CDA Documents, in the form and content required by the Facility Management Plan or CDA Documents;
7.6.1.9 Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, which demonstration shall consist of (a) delivery to TxDOT of a written certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors (other than NTTA) are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Facility in accordance with the terms and conditions of the CDA Documents and Facility Management Plan pertaining to the Operating Period, (b) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (c) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Hazardous Material Management Plan and Section 4.3.4 of the Technical Provisions;
7.6.1.10 All component parts, plans and documentation of the Facility Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Management Plan;
7.6.1.11 All Submittals required by the Facility Management Plan or CDA Documents to be submitted to TxDOT and the Independent Engineer and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Management Plan or CDA Documents;
7.6.1.12 Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
7.6.1.13 All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4;
7.6.1.14 Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT;
7.6.1.15 Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT;
7.6.1.16 All representations and warranties of Developer set forth in Section 15.1 shall be and remain true and correct in all material respects;
7.6.1.17 Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities (other than NTTA)Entities, including Developer’s supervisory and management personnel in dealing with (a) TxDOT and the Independent Engineer and (b) employment relations, in accordance with Section 10.7.1;
7.6.1.18 There exists no uncured Developer Default for which Developer has received written notice from TxDOT, unless, (a) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement regarding the amount in dispute, or (b) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and
7.6.1.19 Developer has provided to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Construction Work and Operating Period Generally. Except to the extent expressly permitted in writing by TxDOT, Developer shall not commence or permit or suffer commencement of construction of the Facility or applicable portion thereof until TxDOT issues NTP2 (and, (i) with respect to the General Purpose Lane Capacity Improvement, Interchange Capacity Improvement, until TxDOT issues NTP GP or the occurrence of the General Purpose Capacity Improvement Trigger Event, (ii) with respect to the Managed Lane Capacity Improvement, until TxDOT issues NTP ML or the occurrence of the Managed Lanes Capacity Improvement Trigger EventGP, and (iii) with respect to the Interchange Capacity Improvement, until TxDOT issues NTP IC, or NTP ML (respectively) and all of the following conditions have been satisfied:
7.6.1.1 All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Facility have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals;
7.6.1.2 Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Facility Right of Way necessary for commencement of construction of the applicable portion of the Facility and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT;
7.6.1.3 Developer has satisfied for the applicable portion of the Facility all applicable pre-construction requirements contained in the NEPA Approval and other Governmental Approvals;
7.6.1.4 Each Payment and Performance Bond, in form and from a Surety surety approved by TxDOT and with TxDOT named as a dual obligee, required under Section 16.2.1 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer or the Collateral Agent for the senior Facility Debt;
7.6.1.5 The guarantees in favor of TxDOT, if any, required under Section 16.4 have been obtained and delivered to TxDOT;
7.6.1.6 All Insurance Policies required under Section 16.1 for construction have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such Insurance Policies;
7.6.1.7 Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 9.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Facility Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions;
7.6.1.8 Developer has delivered to TxDOT and the Independent Engineer all Submittals relating to the Construction Work required by the Facility Management Plan or CDA Documents, in the form and content required by the Facility Management Plan or CDA Documents;
7.6.1.9 Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, which demonstration shall consist of (a) delivery to TxDOT of a written certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors (other than NTTA) are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Facility in accordance with the terms and conditions of the CDA Documents and Facility Management Plan pertaining to the Operating Period, (b) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (c) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Hazardous Material Management Plan and Section 4.3.4 of the Technical Provisions;the
7.6.1.10 All component parts, plans and documentation of the Facility Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Management Plan;
7.6.1.11 All Submittals required by the Facility Management Plan or CDA Documents to be submitted to TxDOT and the Independent Engineer and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Management Plan or CDA Documents;
7.6.1.12 Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
7.6.1.13 All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4;
7.6.1.14 Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT;
7.6.1.15 Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT;
7.6.1.16 All representations and warranties of Developer set forth in Section 15.1 shall be and remain true and correct in all material respects;
7.6.1.17 Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities (other than NTTA), including Developer’s supervisory and management personnel in dealing with (a) TxDOT and the Independent Engineer and (b) employment relations, in accordance with Section 10.7.1;
7.6.1.18 There exists no uncured Developer Default for which Developer has received written notice from TxDOT, unless, (a) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement regarding the amount in dispute, or (b) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and
7.6.1.19 Developer has provided to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Construction Work and Operating Period Generally. Except to the extent expressly permitted in writing by TxDOT, Developer shall not commence or permit or suffer commencement of construction of the Facility Project or applicable portion thereof until TxDOT issues NTP2 (and, (i) with respect to the General Purpose Lane IH 35E Capacity Improvement, Improvement Section or applicable portion thereof, until TxDOT issues NTP GP or the occurrence of the General Purpose Capacity Improvement Trigger Event, (ii) with respect to the Managed Lane Capacity Improvement, until TxDOT issues NTP ML or the occurrence of the Managed Lanes Capacity Improvement Trigger Event, and (iii) with respect to the Interchange Capacity Improvement, until TxDOT issues NTP ICNTP3) and all of the following conditions have been satisfied:. Developer shall provide to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
7.6.1.1 All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Facility Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals;
7.6.1.2 Fee simple title or other property rights or, if acceptable to TxDOT in its sole discretion discretion, other property rights, for the Facility Project Right of Way necessary for commencement of construction of the applicable portion of the Facility Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT;
7.6.1.3 Developer has satisfied for the applicable portion of the Facility Project all applicable pre-construction requirements contained in the NEPA Approval and other Governmental Approvals;
7.6.1.4 Each of the Payment and Performance BondBonds, in form and from a Surety surety approved by TxDOT and with TxDOT named as a dual obligee, required under Section 16.2.1 or 16.2.2 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer or the Collateral Agent for the senior Facility Project Debt;
7.6.1.5 The guarantees in favor of TxDOT, if any, required under Section 16.4 have been obtained and delivered to TxDOT;
7.6.1.6 All Insurance Policies required under Section 16.1 for construction have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such Insurance Policies;
7.6.1.7 Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 9.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Facility Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions;
7.6.1.8 Developer has delivered to TxDOT and the Independent Engineer all Submittals relating to the Construction Work required by the Facility Project Management Plan or CDA Documents, in the form and content required by the Facility Project Management Plan or CDA Documents;
7.6.1.9 Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, which demonstration shall consist of (a) delivery to TxDOT of a written certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors (other than NTTA) are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Facility Project in accordance with the terms and conditions of the CDA Documents and Facility Project Management Plan pertaining to the Operating Period, (b) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (c) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Hazardous Material Management Plan and Section 4.3.4 of the Technical Provisions;
7.6.1.10 All component parts, plans and documentation of the Facility Project Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Project Management Plan;
7.6.1.11 All Submittals required by the Facility Project Management Plan or CDA Documents to be submitted to TxDOT and the Independent Engineer and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Project Management Plan or CDA Documents;
7.6.1.12 Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
7.6.1.13 All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4;
7.6.1.14 Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT;
7.6.1.15 Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT;
7.6.1.16 All representations and warranties of Developer set forth in Section 15.1 shall be and remain true and correct in all material respects;
7.6.1.17 Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities (other than NTTA)Entities, including Developer’s supervisory and management personnel in dealing with (a) TxDOT and the Independent Engineer and (b) employment relations, in accordance with Section 10.7.1;
7.6.1.18 There exists no uncured Developer Default for which Developer has received written notice from TxDOT, unless, (a) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement regarding the amount in dispute, or (b) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and
7.6.1.19 Developer has provided to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Construction Work and Operating Period Generally. Except to the extent expressly permitted in writing by TxDOT, Developer shall not commence or permit or suffer commencement of construction of the Facility or applicable portion thereof until TxDOT issues NTP2 (and, (i) with respect to the General Purpose Lane Capacity Improvement, Interchange Capacity Improvement, until TxDOT issues NTP GP or the occurrence of the General Purpose Capacity Improvement Trigger Event, (ii) with respect to the Managed Lane Capacity Improvement, until TxDOT issues NTP ML or the occurrence of the Managed Lanes Capacity Improvement Trigger EventGP, and (iii) with respect to the Interchange Capacity Improvement, until TxDOT issues NTP IC, or NTP ML (respectively)) and all of the following conditions have been satisfied:
7.6.1.1 All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Facility have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals;
7.6.1.2 Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Facility Right of Way necessary for commencement of construction of the applicable portion of the Facility and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT;
7.6.1.3 Developer has satisfied for the applicable portion of the Facility all applicable pre-construction requirements contained in the NEPA Approval and other Governmental Approvals;
7.6.1.4 Each Payment and Performance Bond, in form and from a Surety surety approved by TxDOT and with TxDOT named as a dual obligee, required under Section 16.2.1 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer or the Collateral Agent for the senior Facility Debt;
7.6.1.5 The guarantees in favor of TxDOT, if any, required under Section 16.4 have been obtained and delivered to TxDOT;
7.6.1.6 All Insurance Policies required under Section 16.1 for construction have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such Insurance Policies;
7.6.1.7 Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 9.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Facility Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions;
7.6.1.8 Developer has delivered to TxDOT and the Independent Engineer all Submittals relating to the Construction Work required by the Facility Management Plan or CDA Documents, in the form and content required by the Facility Management Plan or CDA Documents;or
7.6.1.9 Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, which demonstration shall consist of (a) delivery to TxDOT of a written certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors (other than NTTA) are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Facility in accordance with the terms and conditions of the CDA Documents and Facility Management Plan pertaining to the Operating Period, (b) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (c) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Hazardous Material Management Plan and Section 4.3.4 of the Technical Provisions;
7.6.1.10 All component parts, plans and documentation of the Facility Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Management Plan;
7.6.1.11 All Submittals required by the Facility Management Plan or CDA Documents to be submitted to TxDOT and the Independent Engineer and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Management Plan or CDA Documents;
7.6.1.12 Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
7.6.1.13 All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4;
7.6.1.14 Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT;
7.6.1.15 Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT;
7.6.1.16 All representations and warranties of Developer set forth in Section 15.1 shall be and remain true and correct in all material respects;
7.6.1.17 Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities (other than NTTA), including Developer’s supervisory and management personnel in dealing with (a) TxDOT and the Independent Engineer and (b) employment relations, in accordance with Section 10.7.1;
7.6.1.18 There exists no uncured Developer Default for which Developer has received written notice from TxDOT, unless, (a) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement regarding the amount in dispute, or (b) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and
7.6.1.19 Developer has provided to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Construction Work and Operating Period Generally. Except to the extent expressly permitted in writing by TxDOT, Developer shall not commence or permit or suffer commencement of construction of the Facility Project or applicable portion thereof until TxDOT issues NTP2 (and, (i) with respect to the General Purpose Lane Capacity Improvement, , until TxDOT issues NTP GP or the occurrence of the General Purpose Capacity Improvement Trigger Event, (ii) with respect to the Managed Lane Capacity Improvement, until TxDOT issues NTP ML or the occurrence of the Managed Lanes Capacity Improvement Trigger Event, and (iii) with respect to the Interchange Capacity Improvement, until TxDOT issues NTP IC) and all of the following conditions have been satisfied:. Developer shall provide to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
7.6.1.1 All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Facility Project have been obtained, and Developer has furnished to TxDOT fully executed copies of such Governmental Approvals;
7.6.1.2 Fee simple title or other property rights or, if acceptable to TxDOT in its sole discretion discretion, other property rights, for the Facility Project Right of Way necessary for commencement of construction of the applicable portion of the Facility Project and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded in favor of TxDOT, TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to TxDOT;
7.6.1.3 Developer has satisfied for the applicable portion of the Facility Project all applicable pre-construction requirements contained in the NEPA Approval and other Governmental Approvals;
7.6.1.4 Each of the Payment and Performance BondBonds, in form and from a Surety surety approved by TxDOT and with TxDOT named as a dual obligee, required under Section 16.2.1 has been obtained and is in full force and effect, and Developer has delivered to TxDOT certified and conformed copies of the originals of each such bond, with the original of each such bond delivered to Developer or the Collateral Agent for the senior Facility Project Debt;
7.6.1.5 The guarantees in favor of TxDOT, if any, required under Section 16.4 have been obtained and delivered to TxDOT;
7.6.1.6 All Insurance Policies required under Section 16.1 for construction have been obtained and are in full force and effect, and Developer has delivered to TxDOT written binding verifications of coverage from the relevant issuers of such Insurance Policies;
7.6.1.7 Developer has caused to be developed and delivered to TxDOT and TxDOT has approved, in accordance with Section 9.1 of this Agreement and Section 2 of the Technical Provisions, the component parts, plans and documentation of the Facility Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions;
7.6.1.8 Developer has delivered to TxDOT and the Independent Engineer all Submittals relating to the Construction Work required by the Facility Project Management Plan or CDA Documents, in the form and content required by the Facility Project Management Plan or CDA Documents;
7.6.1.9 Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has completed training of operations and maintenance personnel, which demonstration shall consist of (a) delivery to TxDOT of a written certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors (other than NTTA) are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Facility Project in accordance with the terms and conditions of the CDA Documents and Facility Project Management Plan pertaining to the Operating Period, (b) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (c) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Hazardous Material Management Plan and Section 4.3.4 of the Technical Provisions;
7.6.1.10 All component parts, plans and documentation of the Facility Project Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Project Management Plan;
7.6.1.11 All Submittals required by the Facility Project Management Plan or CDA Documents to be submitted to TxDOT and the Independent Engineer and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Project Management Plan or CDA Documents;
7.6.1.12 Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
7.6.1.13 All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4;
7.6.1.14 Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT;
7.6.1.15 Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT;
7.6.1.16 All representations and warranties of Developer set forth in Section 15.1 shall be and remain true and correct in all material respects;
7.6.1.17 Developer has adopted written policies establishing ethical standards of conduct for all Developer-Related Entities (other than NTTA)Entities, including Developer’s supervisory and management personnel in dealing with (a) TxDOT and the Independent Engineer and (b) employment relations, in accordance with Section 10.7.1;
7.6.1.18 There exists no uncured Developer Default for which Developer has received written notice from TxDOT, unless, (a) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement regarding the amount in dispute, or (b) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and
7.6.1.19 Developer has provided to TxDOT and the Independent Engineer at least 14 days advance written notification of the date Developer determines that it will satisfy all of the conditions set forth in this Section 7.6.1.
Appears in 1 contract
Samples: Comprehensive Development Agreement
