Common use of Directive Letters Clause in Contracts

Directive Letters. In certain cases where a Utility Owner is not cooperating with Developer or TxDOT, TxDOT may, in its discretion and where applicable Law authorizes TxDOT to take unilateral action, issue a Directive Letter directing Developer to proceed with a Utility Adjustment without an agreement or other consent by the Utility Owner. If TxDOT directs Developer to perform work pursuant to this Section 11.6.3, then Developer, without cost to TxDOT, shall proceed with such work as if Developer has entered into a Utility Agreement providing for Developer to perform such work and shall perform such work in accordance with the requirements of the CDA Documents otherwise applicable to Developer’s performance of Utility Adjustment Work. A Directive Letter shall not be issued until all requirements set forth in Section 11.6.2 have been satisfied and accepted by TxDOT.