Common use of Early Opening Clause in Contracts

Early Opening. Prior to Substantial Completion of Phase 1, TxDOT shall have the right to open to traffic portions of Phase 1, more particularly the New Harbor Bridge and its US 181 approaches between the US 181 / I-37 interchange and the tie in to the existing US 181 at Xxxxxxxx Road, to the extent such portions are safe and necessary or advisable, in TxDOT’s sole determination, for traffic circulation. In such event Developer shall be responsible for the O&M After Substantial Completion for such early opened portions of Phase 1 notwithstanding the fact that Substantial Completion of Phase 1 has not yet occurred. No early openings shall constitute Substantial Completion or Final Acceptance or waive the requirements thereof.