Early Start of Construction Sample Clauses

Early Start of Construction. The following will set forth the circumstances under which certain items, Elements, or phases of the Work may be packaged by Developer to initiate an Early Start of Construction prior to obtaining TxDOT’s concurrence of the Final Design for the item, Element or phase. The Early Start of Construction requirements shall apply to any Work that is performed by Developer prior to receiving TxDOT’s written concurrence with the PSQAM’s Certification of Compliance of the Final Design Submittal for the Work. All such Work is performed at the sole risk of Developer. TxDOT does not consider any items as satisfying the PSQMP requirements until the PSQAM has issued a certification of compliance and TxDOT has issued a written concurrence therewith. TxDOT, at its sole discretion, may defer Early Start of Construction for any portions of the Work as requested by Developer. Any Work constructed by Developer prior to receiving TxDOT’s concurrence of the Final Design Submittal for the Work, and later determined to be unacceptable by TxDOT, in its sole discretion, shall be revised, removed or otherwise reconfigured to the satisfaction of TxDOT at Developer’s sole cost and expense and without any consideration given to an extension of the Completion Deadline. TxDOT and Developer shall agree on procedures for Early Start of Construction, which shall then be documented within the PSQMP. These procedures shall among other things include a process for distributing Construction Documents signed and sealed by a Registered Professional Engineer to TxDOT and Developer’s field staff. In order for Developer to proceed with early phases of construction of a portion of the Work, specific pertinent items of the design shall have been previously reviewed by TxDOT and comments from TxDOT shall have been transmitted to Developer. For example, Early Start of Construction may be rough grading of a specific portion of the Project, for which specific pertinent items of the design may include: a) Horizontal and vertical drainage system b) Typical sections
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Early Start of Construction. Prior to progressing further with construction of a certified package, Developer shall complete the next item, element or phase of design or complete the Final Design, and obtain TxDOT’s concurrence, except for the Work performed in accordance with Section 2.2.
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Related to Early Start of Construction

  • Rule of Construction No rule of construction requiring interpretation against the drafting Party hereof shall apply in the interpretation of this Agreement.

  • Certain Matters of Construction The terms “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. In the computation of periods of time from a specified date to a later specified date, “from” means “from and including,” and “to” and “until” each mean “to but excluding.” The terms “including” and “include” shall mean “including, without limitation” and, for purposes of each Loan Document, the parties agree that the rule of ejusdem generis shall not be applicable to limit any provision. Section titles appear as a matter of convenience only and shall not affect the interpretation of any Loan Document. All references to (a) laws or statutes include all related rules, regulations, interpretations, amendments and successor provisions; (b) any document, instrument or agreement include any amendments, waivers and other modifications, extensions or renewals (to the extent permitted by the Loan Documents); (c) any section mean, unless the context otherwise requires, a section of this Agreement; (d) any exhibits or schedules mean, unless the context otherwise requires, exhibits and schedules attached hereto, which are hereby incorporated by reference; (e) any Person include successors and assigns; (f) time of day mean time of day at Agent’s notice address under Section 14.3.1; or (g) discretion of Agent, Issuing Bank or any Lender mean the sole and absolute discretion of such Person. All calculations of Value, fundings of Loans, issuances of Letters of Credit and payments of Obligations shall be in Dollars and, unless the context otherwise requires, all determinations (including calculations of Borrowing Base and financial covenants) made from time to time under the Loan Documents shall be made in light of the circumstances existing at such time. Borrowing Base calculations shall be consistent with historical methods of valuation and calculation, and otherwise satisfactory to Agent (and not necessarily calculated in accordance with GAAP). Borrowers shall have the burden of establishing any alleged negligence, misconduct or lack of good faith by Agent, Issuing Bank or any Lender under any Loan Documents. No provision of any Loan Documents shall be construed against any party by reason of such party having, or being deemed to have, drafted the provision. Whenever the phrase “to the best of Borrowers’ knowledge” or words of similar import are used in any Loan Documents, it means actual knowledge of a Senior Officer, or knowledge that a Senior Officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter to which such phrase relates.

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