Common use of Early Opening and Operation Clause in Contracts

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.