Common use of Costs of Acquisitions Clause in Contracts

Costs of Acquisitions. 6.2.1 TxDOT shall be responsible for the purchase price, relocation assistance payments and the Title Insurance Policy, for all parcels within the Schematic ROW. Subject to Section 6.2.7 Developer shall be responsible for performing and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, that Developer’s responsibility for such support services shall terminate upon Final Acceptance of the Project. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Attorney General counsel or fees for private counsel retained as directed by the State Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a Developer-Related Entity in the performance of its obligations under the Contract Documents.

Appears in 4 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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Costs of Acquisitions. 6.2.1 TxDOT shall be responsible for the purchase priceprice of real property needed for ROW within the Preliminary ROW, along with relocation assistance payments and the Title Insurance Policy, title insurance for all parcels within the Schematic ROWsuch property. Subject to Section 6.2.7 Developer 6.2.6, DB Contractor shall be responsible for performing the performance and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, relocation assistance (other than relocation assistance payments), environmental permitting and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, that DeveloperDB Contractor’s responsibility for such support services shall terminate upon Final Acceptance of the Project. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on DeveloperDB Contractor’s behalf, Xxxxxxxxx DB Contractor shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer DB Contractor of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer DB Contractor pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Office of the Attorney General counsel or fees for private counsel retained as directed by the State Office of the Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a DeveloperDB Contractor-Related Entity in the performance of its obligations under the Contract Documents.

Appears in 3 contracts

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

Costs of Acquisitions. 6.2.1 (a) TxDOT shall be responsible for the purchase priceprice of real property needed for ROW within the Draft Schematic ROW, along with relocation assistance payments and the Title Insurance Policy, title insurance for all parcels within the Schematic ROWsuch property. Subject to Section 6.2.7 Sections 3.13.4(g) Developer shall be responsible for performing and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting (other than certain mitigation requirements expressly excluded under Section 3.16) and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, provided however that Developer’s responsibility for such support services shall terminate upon Final Acceptance of the Project. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx Developer shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Attorney General counsel or fees for private counsel retained as directed by the State Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a Developer-Related Entity in the performance of its obligations under the Contract Documents.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Costs of Acquisitions. 6.2.1 TxDOT shall be responsible for the purchase priceprice of real property needed for ROW within the Preliminary ROW, along with relocation assistance payments and the Title Insurance Policy, title insurance for all parcels within the Schematic ROWsuch property. Subject to Section 6.2.7 Developer 6.2.6, DB Contractor shall be responsible for performing the performance and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, relocation assistance, environmental permitting (other than certain mitigation requirements expressly excluded under Section 6.10.1.2 and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, provided however that DeveloperDB Contractor’s responsibility for such support services shall terminate upon Final Acceptance of the Project. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on DeveloperDB Contractor’s behalf, Xxxxxxxxx DB Contractor shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer DB Contractor of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer DB Contractor pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Office of the Attorney General counsel or fees for private counsel retained as directed by the State Office of the Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a DeveloperDB Contractor-Related Entity in the performance of its obligations under the Contract Documents.

Appears in 2 contracts

Samples: Design Build Agreement, Design Build Agreement

Costs of Acquisitions. 6.2.1 TxDOT shall be responsible for the purchase priceprice of real property needed for ROW within the Schematic ROW, along with relocation assistance payments and the Title Insurance Policy, title insurance for all parcels within the Schematic ROWsuch property. Subject to the immediately preceding sentence and Section 6.2.7 Developer 6.2.6, DB Contractor shall be responsible for performing the performance and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, relocation assistance, environmental permitting (other than certain mitigation requirements expressly excluded under Section 6.10.1.2) and related services for all such parcelsparcels that are Remaining Project ROW (excluding the Additional Properties), including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, that DeveloperDB Contractor’s responsibility for such support services shall terminate upon Final Acceptance of the Project. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on DeveloperDB Contractor’s behalf, Xxxxxxxxx DB Contractor shall reimburse TxDOT within ten 10 days of TxDOT’s submittal to Developer DB Contractor of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer DB Contractor pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Office of the Attorney General counsel or fees for private counsel retained as directed by the State Office of the Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a DeveloperDB Contractor-Related Entity in the performance of its obligations under the Contract Documents.

Appears in 2 contracts

Samples: Design Build Agreement, Design Build Agreement

Costs of Acquisitions. 6.2.1 TxDOT shall be responsible for the purchase price, relocation assistance payments and the Title Insurance Policy, price for all parcels within the Schematic ROW. Subject to Section 6.2.7 Sections 6.2.6 and 6.2.7, Developer shall be responsible for performing and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting (other than certain mitigation requirements expressly excluded under Section 6.10.1.2) and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, provided however that Developer’s responsibility for such support services shall terminate upon Final Acceptance of the Project. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Attorney General counsel or fees for private counsel retained as directed by the State Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a Developer-Related Entity in the performance of its obligations under the Contract CDA Documents.

Appears in 2 contracts

Samples: Comprehensive Development Agreement, Comprehensive Development Agreement

Costs of Acquisitions. 6.2.1 TxDOT shall be responsible for the purchase priceprice of real property needed for ROW within the Preliminary ROW, along with relocation assistance payments and the Title Insurance Policy, title insurance for all parcels within the Schematic ROWsuch property. Subject to Section 6.2.7 Developer 6.2.6, DB Contractor shall be responsible for performing the performance and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, relocation assistance, environmental permitting (other than certain mitigation requirements expressly excluded under Section 6.10.1.2) and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, provided however that DeveloperDB Contractor’s responsibility for such support services shall terminate upon Final Acceptance of the Project. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on DeveloperDB Contractor’s behalf, Xxxxxxxxx DB Contractor shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer DB Contractor of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer DB Contractor pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Office of the Attorney General counsel or fees for private counsel retained as directed by the State Office of the Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a DeveloperDB Contractor-Related Entity in the performance of its obligations under the Contract Documents.

Appears in 2 contracts

Samples: Design Build Agreement, Design Build Agreement

Costs of Acquisitions. 6.2.1 (a) TxDOT shall be responsible for the purchase priceprice of real property needed for ROW within the Schematic ROW, along with relocation assistance payments and the Title Insurance Policy, title insurance for all parcels within the Schematic ROWsuch property. Subject to Section 6.2.7 Sections 3.12.4(g) Developer shall be responsible for performing and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting (other than certain mitigation requirements expressly excluded under Section 3.14) and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, provided however that Developer’s responsibility for such support services shall terminate upon Final Acceptance of the Project. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Attorney General counsel or fees for private counsel retained as directed by the State Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a Developer-Related Entity in the performance of its obligations under the Contract Documents.

Appears in 2 contracts

Samples: Comprehensive Development Agreement, Comprehensive Development Agreement

Costs of Acquisitions. 6.2.1 TxDOT shall be responsible for the purchase price, relocation assistance payments and the Title Insurance Policy, price for all parcels within the Schematic ROW. Subject to Section 6.2.7 Sections 6.2.6 and 6.2.7, Developer shall be responsible for performing and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting (other than certain mitigation requirements expressly excluded under Section 6.10.1.2) and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, provided however that Developer’s responsibility for such support services shall terminate upon Final Acceptance of the Project. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx Developer shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Attorney General counsel or fees for private counsel retained as directed by the State Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a Developer-Related Entity in the performance of its obligations under the Contract CDA Documents.

Appears in 1 contract

Samples: Comprehensive Development Agreement

Costs of Acquisitions. 6.2.1 TxDOT shall be responsible for the purchase priceprice of real property needed for ROW within the Preliminary ROW, along with relocation assistance payments and the Title Insurance Policy, title insurance for all parcels within the Schematic ROWsuch property. Subject to Section 6.2.7 Developer 6.2.6, DB Contractor shall be responsible for performing the performance and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, relocation assistance (other than relocation assistance payments), environmental permitting (other than certain mitigation requirements expressly excluded under Section 6.10.1.2) and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, that DeveloperDB Contractor’s responsibility for such support services shall terminate upon Final Acceptance of the ProjectSegment 2. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on DeveloperDB Contractor’s behalf, Xxxxxxxxx DB Contractor shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer DB Contractor of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer DB Contractor pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Office of the Attorney General counsel or fees for private counsel retained as directed by the State Office of the Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a DeveloperDB Contractor-Related Entity in the performance of its obligations under the Contract Documents.

Appears in 1 contract

Samples: Design Build Agreement

Costs of Acquisitions. 6.2.1 TxDOT shall be responsible for the purchase price, relocation assistance payments and the Title Insurance Policy, price for all parcels within the Schematic ROW. Subject to Section 6.2.7 Developer 6.2.7, DB Contractor shall be responsible for performing and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting (other than certain mitigation requirements expressly excluded under Section 6.10.1.2) and related services for all such parcels,parcels in the Remaining Project ROW (excluding the Additional Properties), as set forth in Exhibit 23, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, however that DeveloperDB Contractor’s responsibility for such support services shall terminate upon Final Acceptance of the Project. If TxDOT incurs any such costs and expenses on DeveloperDB Contractor’s behalf, TxDOT may submit any invoices for such costs and expenses to DeveloperDB Contractor, in which case Developer DB Contractor shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on DeveloperDB Contractor’s behalf, Xxxxxxxxx DB Contractor shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer DB Contractor of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer DB Contractor pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Attorney General counsel or fees for private counsel retained as directed by the State Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a DeveloperDB Contractor-Related Entity in the performance of its obligations under the Contract Documents.

Appears in 1 contract

Samples: Design Build Agreement

Costs of Acquisitions. 6.2.1 TxDOT shall be responsible for the purchase priceprice of real property needed for ROW within the Schematic ROW, along with relocation assistance payments and the Title Insurance Policy, title insurance for all parcels within the Schematic ROWsuch property. Subject to Section 6.2.7 Developer 6.2.6, DB Contractor shall be responsible for performing and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, that DeveloperDB Contractor’s responsibility for such support services shall terminate upon Final Acceptance of the Project. If TxDOT incurs any such costs and expenses on DeveloperDB Contractor’s behalf, TxDOT may submit any invoices for such costs and expenses to DeveloperDB Contractor, in which case Developer DB Contractor shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on DeveloperDB Contractor’s behalf, Xxxxxxxxx DB Contractor shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer DB Contractor of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer DB Contractor pursuant to this AgreementDBA. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Office of the Attorney General counsel or fees for private counsel retained as directed by the State Office of the Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a DeveloperDB Contractor-Related Entity in the performance of its obligations under the Contract DBA Documents. TxDOT shall also provide review and approval for final closeout procedures established in Section 7.2.

Appears in 1 contract

Samples: Design Build Agreement

Costs of Acquisitions. 6.2.1 TxDOT shall be responsible for the purchase priceprice of real property needed for ROW within the Schematic ROW, along with relocation assistance payments and the Title Insurance Policy, title insurance for all parcels within the Schematic ROWsuch property. Subject to Section 6.2.7 Developer 6.2.6, DB Contractor shall be responsible for performing and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, that DeveloperDB Contractor’s responsibility for such support services shall terminate upon Final Acceptance of the Project. If TxDOT incurs any such costs and expenses on DeveloperDB Contractor’s behalf, TxDOT may submit any invoices for such costs and expenses to DeveloperDB Contractor, in which case Developer DB Contractor shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on DeveloperDB Contractor’s behalf, Xxxxxxxxx DB Contractor shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer DB Contractor of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer DB Contractor pursuant to this AgreementDBA. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Office of the Attorney General counsel or fees for private counsel retained as directed by the State Office of the Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a DeveloperDB Contractor-Related Entity in the performance of its obligations under the Contract DBA Documents.. TxDOT shall also provide review and approval for final closeout procedures established in Section 7.2.12

Appears in 1 contract

Samples: Design Build Agreement

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Costs of Acquisitions. 6.2.1 (a) TxDOT shall be responsible for the purchase priceprice of real property needed for ROW within the Schematic ROW, along with relocation assistance payments and the Title Insurance Policy, title insurance for all parcels within the Schematic ROWsuch property. Subject to Section 6.2.7 Sections 3.12.4(g) Developer shall be responsible for performing and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting (other than certain mitigation requirements expressly excluded under Section 3.14) and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, that Developer’s responsibility for such support services shall terminate upon Final Acceptance continue through the end of the ProjectTerm of the Agreement. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx Developer shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Attorney General counsel or fees for private counsel retained as directed by the State Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a Developer-Related Entity in the performance of its obligations under the Contract Documents.

Appears in 1 contract

Samples: Comprehensive Development Agreement

Costs of Acquisitions. 6.2.1 TxDOT shall be responsible for the purchase price, relocation assistance payments and the Title Insurance Policy, for all parcels within the Schematic ROW. Subject to Section 6.2.7 Developer shall be responsible for performing and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, that Developer’s responsibility for such support services shall terminate upon Final Acceptance of the Project. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Attorney General counsel or fees for private counsel retained as directed by the State Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a Developer-Related Developer -Related Entity in the performance of its obligations under the Contract Documents.

Appears in 1 contract

Samples: Development Agreement

Costs of Acquisitions. 6.2.1 TxDOT shall be responsible for the purchase price, relocation assistance payments and the Title Insurance Policy, price for all parcels within the Schematic ROW. Subject to Section 6.2.7 Developer 6.2.7, DB Contractor shall be responsible for performing and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting (other than certain mitigation requirements expressly excluded under Section 6.10.1.2) and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, provided however that DeveloperDB Contractor’s responsibility for such support services shall terminate upon Final Acceptance of the Project. If TxDOT incurs any such costs and expenses on DeveloperDB Contractor’s behalf, TxDOT may submit any invoices for such costs and expenses to DeveloperDB Contractor, in which case Developer DB Contractor shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on DeveloperDB Contractor’s behalf, Xxxxxxxxx DB Contractor shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer DB Contractor of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer DB Contractor pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Attorney General counsel or fees for private counsel retained as directed by the State Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a DeveloperDB Contractor-Related Entity in the performance of its obligations under the Contract Documents.

Appears in 1 contract

Samples: Design Build Agreement

Costs of Acquisitions. 6.2.1 TxDOT shall be responsible for the purchase price, relocation assistance payments and the Title Insurance Policy, price for all parcels within the Schematic ROW. Subject to Section Sections 6.2.7 Developer shall be responsible for performing and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting (other than certain mitigation requirements expressly excluded under Section 6.10.1.2) and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, provided however that Developer’s responsibility for such support services shall terminate upon Final Acceptance of the Project. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx Developer shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Attorney General counsel or fees for private counsel retained as directed by the State Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a Developer-Related Entity in the performance of its obligations under the Contract Documents.

Appears in 1 contract

Samples: Development Agreement

Costs of Acquisitions. 6.2.1 For real property needed for ROW within the Preliminary ROW, TxDOT shall be responsible for (a) the purchase priceprice of such real property, (b) any market rental consideration paid in connection with PUAs in accordance with Section 7.4.1 of the Technical Provisions, (c) relocation assistance payments required in connection with such real property, and the Title Insurance Policy, (d) title insurance for all parcels within the Schematic ROWsuch real property. Subject to Section 6.2.7 Developer 6.2.6, DB Contractor shall be responsible for performing the performance and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, relocation assistance (other than relocation assistance payments), environmental permitting (other than certain mitigation requirements expressly excluded under Section 6.10.1.2) and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, that DeveloperDB Contractor’s responsibility for such support services shall terminate upon Final Acceptance of the ProjectSegment 2. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on DeveloperDB Contractor’s behalf, Xxxxxxxxx DB Contractor shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer DB Contractor of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer DB Contractor pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Office of the Attorney General counsel or fees for private counsel retained as directed by the State Office of the Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a DeveloperDB Contractor-Related Entity in the performance of its obligations under the Contract Documents.

Appears in 1 contract

Samples: Design Build Agreement

Costs of Acquisitions. 6.2.1 TxDOT shall be responsible for the purchase priceprice of real property needed for ROW within the Preliminary ROW, along with relocation assistance payments and the Title Insurance Policy, title insurance for all parcels within the Schematic ROWsuch property. Subject to Section 6.2.7 Developer DB Contractor shall be responsible for performing and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting (other than certain mitigation requirements expressly excluded under Section 6.10.1.2) and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, provided however that DeveloperDB Contractor’s responsibility for such support services shall terminate upon Final Acceptance of the Project. If TxDOT incurs any such costs and expenses on DeveloperDB Contractor’s behalf, TxDOT may submit any invoices for such costs and expenses to DeveloperDB Contractor, in which case Developer DB Contractor shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on DeveloperDB Contractor’s behalf, Xxxxxxxxx DB Contractor shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer DB Contractor of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer DB Contractor pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Attorney General counsel or fees for private counsel retained as directed by the State Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a DeveloperDB Contractor-Related Entity in the performance of its obligations under the Contract Documents. TxDOT shall also provide review and approval for final closeout procedures established in Section 7.2.12 of the Technical Provisions.

Appears in 1 contract

Samples: Design Build Agreement

Costs of Acquisitions. 6.2.1 (a) TxDOT shall be responsible for the purchase priceprice of real property needed for ROW within the Schematic ROW, along with relocation assistance payments and the Title Insurance Policy, title insurance for all parcels within the Schematic ROWsuch property. Subject to Section 6.2.7 Sections 3.12.4(g) Developer shall be responsible for performing and the costs (excluding the purchase price) of all right of way engineering, surveying, appraisals, administration, acquisition, environmental permitting (other than certain mitigation requirements expressly excluded under Section 3.14) and related services for all such parcels, including all costs and expenses of negotiation and, if necessary, support services for condemnation proceedings described in Section 7 of the Technical Provisions; provided, however, that Developer’s responsibility for such support services shall terminate upon Final Acceptance continue through the end of the ProjectTerm of the Agreement. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the Texas Department of Transportation 36 Execution Version US 181 Harbor Bridge Project Comprehensive Development Agreement amount of such costs and expenses from any sums owed by TxDOT to Developer pursuant to this Agreement. Notwithstanding the foregoing, TxDOT shall be responsible for the legal costs for the State Attorney General counsel or fees for private counsel retained as directed by the State Attorney General in connection with any condemnation actions, except for such legal fees and costs that arise out of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of a Developer-Related Entity in the performance of its obligations under the Contract Documents.

Appears in 1 contract

Samples: Comprehensive Development Agreement

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