Early Opening and Operation Sample Clauses

Early Opening and Operation. 7.8.5.1 In addition to Developer’s obligations under Section 18 of the Technical Provisions, prior to the Service Commencement Date for a Facility Segment, and consistent with Section 8.3.3, Developer shall (a) have the right and obligation to open to traffic, operate and maintain portions of the Facility crossing the Facility Right of Way that Developer completes where such opening is safe and necessary or advisable for crossing traffic circulation and (b) have the right to open to traffic, operate and maintain discrete portions of the Facility that Developer completes to the extent safe and necessary or advisable to enable orderly traffic management on the Facility during construction of other portions of the Facility. If the portion opened is to be tolled, no tolling shall commence thereon until the Service Commencement Date therefor, but the portion shall first be adequately posted with signs informing the public that it is a tolled roadway and of the estimated date when tolls will commence. 7.8.5.2 Developer shall not undertake any early openings until all Insurance Policies required under the CDA Documents in connection with operations and maintenance are in effect. Developer shall undertake early openings consistently with and in accordance with the TxDOT-approved Traffic Management Plan. No early openings shall be relevant for determining Substantial Completion, Service Commencement or Final Acceptance, or determining whether Milestone Schedule Deadlines are satisfied.
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Early Opening and Operation. 7.8.5.1 In addition to Developer’s obligations under Section 18 of the Technical Provisions, prior to the Service Commencement Date for a Facility Segment, and consistent with Section 8.3.3, Developer shall (a) have the right and obligation to open to traffic, operate and maintain portions of the Facility Segment that Developer completes where such opening is safe and necessary or advisable for traffic circulation and (b) have the right to open to traffic, operate and maintain discrete portions of the Facility Segment that Developer completes to the extent safe and necessary to enable orderly construction of the Facility. If the portion opened is to be tolled, no tolling shall commence thereon until the Service Commencement Date therefor, but the portion shall first be adequately posted with signs informing the public that it is a tolled roadway and of the estimated date when tolls will commence. 7.8.5.2 Developer shall not undertake any early openings until all Insurance Policies required under the CDA Documents in connection with operations and maintenance are in effect. Developer shall undertake early openings consistently with and in accordance with the TxDOT-approved Traffic Management Plan. No early openings shall be relevant for determining Substantial Completion, Service Commencement or Final Acceptance, or determining whether Milestone Schedule Deadlines are satisfied.
Sample 1
Early Opening and Operation. 7.8.5.1 In addition to Developer’s obligations under Section 18 of the Technical Provisions, prior to the Service Commencement Date for a Facility Segment, and consistent with Section 8.3.3, Developer shall (a) have the right and obligation to open to traffic, operate and maintain portions of the Facility Segment crossing the Facility Right of Way that Developer or TxDOT completes where such opening is safe and necessary or advisable for crossing traffic circulation and (b) have the right to open to traffic, operate and maintain discrete portions of the Facility Segment that Developer or TxDOT completes to the extent safe and necessary or advisable to enable orderly traffic management on the Facility during construction of other portions of the Facility. Except as otherwise contemplated in Section 7.8.5.2 Prior to the Service Commencement Date for a Facility Segment, and consistent with Section 8.3.3, the Parties may mutually agree to open to traffic, operate, maintain and toll discrete completed portions of such Facility Segment, with Developer operating and maintaining such portions in accordance with the terms hereof (without regard to whether the Operating Commencement Date for the Segment 3B Facility Segment has occurred). At least 14 days prior to the commencement of such tolling, the portion to be tolled shall be adequately posted with signs informing the public that it is a tolled roadway and of the estimated date when tolls will commence. 7.8.5.3 Developer shall not undertake any early openings until all Insurance Policies required under the FA Documents in connection with operations and maintenance are in effect. Developer shall undertake early openings consistently with and in accordance with the TxDOT-approved Traffic Management Plan. No early openings shall be relevant for determining Substantial Completion, Service Commencement or Final Acceptance, or determining whether Milestone Schedule Deadlines are satisfied.
Sample 1

Related to Early Opening and Operation

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