Common use of Construction Work Generally Clause in Contracts

Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, DB Contractor shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied: (a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals. (b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the 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 or right of entry therefor on terms acceptable to TxDOT with the exception of Quitclaim Deeds used for Utility Adjustments, which shall comply with the requirements of Section 6.2.4.4

Appears in 7 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

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Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, TxDOT in TxDOT’s its sole discretion, DB Contractor shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied: (a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals. (b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the 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 or right of entry therefor on terms acceptable to TxDOT with the exception of Quitclaim Deeds quit claim deeds used for Utility Adjustments, which shall comply with the requirements of Section 6.2.4.4

Appears in 3 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, DB Contractor Developer shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied: (a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and DB Contractor Developer has furnished to TxDOT fully executed copies of such Governmental Approvals. (b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW and the New Rail Alignment Property necessary for commencement of construction of the applicable portion of the 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 or right of entry therefor on terms acceptable to TxDOT with the exception of Quitclaim Deeds quit claim deeds used for Utility Adjustments, which shall comply with the requirements of Section 6.2.4.4

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, DB Contractor shall not commence or permit or suffer commencement of construction of the Project Construction Work or any applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied: (a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals. (b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the 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 or right of entry therefor on terms acceptable to TxDOT with the exception of Quitclaim Deeds used for Utility Adjustments, which shall comply with the requirements of Section 6.2.4.4

Appears in 2 contracts

Samples: Design Build Agreement, Design Build Agreement

Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, TxDOT in TxDOT’s its sole discretion, DB Contractor shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied: (a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals. (b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the 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 or right of entry therefor on terms acceptable to TxDOT with the exception of Quitclaim Deeds used for Utility Adjustments, which shall comply with the requirements of Section 6.2.4.4

Appears in 1 contract

Samples: Design Build Agreement

Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, DB Contractor shall not commence or permit or suffer commencement of construction of the Project or applicable portion thereof until TxDOT issues NTP2, or a Limited NTP2 expressly authorizing construction Work, and all of the following conditions have been satisfied: (a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals. (b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the 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 or right of entry therefor on terms acceptable to TxDOT with the exception of Quitclaim Deeds used for Utility Adjustments, which shall comply with the requirements of Section 6.2.4.4

Appears in 1 contract

Samples: Design Build Agreement

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Construction Work Generally. Except to the extent expressly permitted in writing by TxDOTXxXXX, in TxDOT’s sole discretion, DB Contractor shall not commence or permit or suffer commencement of construction of the Project Construction Work on a Segment or any applicable portion thereof until TxDOT issues Segment 1 NTP2 or Segment 2 NTP2, as applicable, and all of the following conditions have been satisfiedsatisfied for such Segment: (a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals. (b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the 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 or right of entry therefor on terms acceptable to TxDOT with the exception of Quitclaim Deeds used for Utility Adjustments, which shall comply with the requirements of Section 6.2.4.4

Appears in 1 contract

Samples: Design Build Agreement

Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, DB Contractor shall not commence or permit or suffer commencement of construction of Construction Work on the Project or any applicable portion thereof until TxDOT issues NTP2 and all of the following conditions have been satisfied: (a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals. (b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the 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 or right of entry therefor on terms acceptable to TxDOT with the exception of Quitclaim Deeds used for Utility Adjustments, which shall comply with the requirements of Section 6.2.4.4

Appears in 1 contract

Samples: Design Build Agreement

Construction Work Generally. Except to the extent expressly permitted in writing by TxDOT, in TxDOT’s sole discretion, DB Contractor shall not commence or permit or suffer commencement of construction of the Project Construction Work on a Segment or any applicable portion thereof until TxDOT issues Segment 1 NTP2 or Segment 2 NTP2, as applicable, and all of the following conditions have been satisfiedsatisfied for such Segment: (a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and DB Contractor has furnished to TxDOT fully executed copies of such Governmental Approvals. (b) Fee simple title or other property rights acceptable to TxDOT in its sole discretion for the Project ROW necessary for commencement of construction of the applicable portion of the 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 or right of entry therefor on terms acceptable to TxDOT with the exception of Quitclaim Deeds used for Utility Adjustments, which shall comply with the requirements of Section 6.2.4.4

Appears in 1 contract

Samples: Design Build Agreement

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