Common use of Developer's Responsibility Clause in Contracts

Developer's Responsibility. Developer is responsible for causing, in accordance with the Facility Schedule, all Utility Adjustments necessary to accommodate construction, operation, maintenance and/or use of the Facility. When used in the CDA Documents with respect to Utilities, the phrase "accommodation of the Facility” or similar terminology refers to accommodation of the Facility in its initial configuration and in its Ultimate Configuration (including in those locations where only the initial configuration of the Facility is being constructed as part of the current phase), except as may be otherwise provided in Section 6.1 of the Technical Provisions. All Utility Adjustment Work performed by Developer shall comply with the CDA Documents. Developer shall coordinate, monitor, and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work timely, in coordination with the Work, and in compliance with the standards of design and construction and other applicable requirements specified in the CDA Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Article 13, Developer shall continue to be the responsible party to TxDOT for timely performance of all Utility Adjustment Work so that upon completion of the Work, all Utilities that might impact the Facility or be impacted by it (whether located within or outside the Facility Right of Way) are compatible with the Facility. TxDOT shall provide to Developer the benefit of any provisions in recorded utility or other easements affecting the Facility which require the easement holders to relocate at their own expense, subject, however, to any provisions of applicable Law affecting the easement holder’s payment obligations for Utility Adjustments.

Developer's Responsibility. Developer is responsible for causing, in accordance with the Facility Schedule, all Utility Adjustments necessary to accommodate construction, operation, maintenance and/or use of the Facility. When used in the CDA Documents with respect to Utilities, the phrase "accommodation of the Facility” " or similar terminology refers to accommodation of the Facility in its initial configuration and interim configuration, provided that all Utility Adjustments undertaken to accommodate the Project in its interim configuration shall also accommodate the Ultimate Configuration (including in those locations where only the initial configuration of the Facility is being constructed as part of the current phase), except as may be otherwise provided in Section 6.1 of the Technical Provisionswithout further Adjustments. All Utility Adjustment Work performed by Developer shall comply with the CDA Documents. Developer shall coordinate, monitor, and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work timely, in coordination with the Work, and in compliance with the standards of design and construction and other applicable requirements specified in the CDA Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Article 13, Developer shall continue to be the responsible party to TxDOT for timely performance of all Utility Adjustment Work so that upon completion of the Work, all Utilities that might impact the Facility or be impacted by it (whether located within or outside the Facility Right of Way) are compatible with the Facility. TxDOT shall provide to Developer the benefit of any provisions in recorded utility or other easements affecting the Facility which require the easement holders to relocate at their own expense, subject, however, to any provisions of applicable Law affecting the easement holder’s payment obligations for Utility Adjustments.

Developer's Responsibility. Developer is responsible for causing, in accordance with the Facility Schedule, all Utility Adjustments necessary to accommodate construction, operation, maintenance and/or use of the Facility. When used in the CDA Documents with respect to Utilities, the phrase "accommodation of the Facility” or similar terminology refers to accommodation of the Facility in its initial configuration and interim configuration, provided that all Utility Adjustments undertaken to accommodate the Project in its interim configuration shall also accommodate the Ultimate Configuration (including in those locations where only the initial configuration of the Facility is being constructed as part of the current phase), except as may be otherwise provided in Section 6.1 of the Technical Provisionswithout further Adjustments. All Utility Adjustment Work performed by Developer shall comply with the CDA Documents. Developer shall coordinate, monitor, and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work timely, in coordination with the Work, and in compliance with the standards of design and construction and other applicable requirements specified in the CDA Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Article 13, Developer shall continue to be the responsible party to TxDOT for timely performance of all Utility Adjustment Work so that upon completion of the Work, all Utilities that might impact the Facility or be impacted by it (whether located within or outside the Facility Right of Way) are compatible with the Facility. TxDOT shall provide to Developer the benefit of any provisions in recorded utility or other easements affecting the Facility which require the easement holders to relocate at their own expense, subject, however, to any provisions of applicable Law affecting the easement holder’s payment obligations for Utility Adjustments.