Common use of Eligible Changes Clause in Contracts

Eligible Changes. 13.3.1.1. DB Contractor may request a Change Order to extend a Completion Deadline only for delays directly attributable to one or more of the following events or circumstances which change the duration of a Critical Path: (a) Force Majeure Events; (b) TxDOT-Caused Delays; (c) delays relating to ROW acquisition by TxDOT, to the extent permitted by Section 6.4.1; (d) delays relating to Utilities, to the extent permitted by Sections 6.8.1, 6.8.56.7.1, 6.7.4 and 13.8.2; (e) delays relating to Differing Site Conditions or discovery of Hazardous Materials, to the extent permitted by Section 13.8. 13.3.1.2. DB Contractor may request a Change Order to increase the Price only for increased costs of performance of the Work as follows: (a) subject to Section 13.2.3, additional costs directly attributable to additional Work resulting from TxDOT-Directed Changes and TxDOT-Caused Delays for which TxDOT has not submitted a Change Order or a Request for Change Proposal; (b) additional costs relating to Differing Site Conditions, Hazardous Materials, and Force Majeure Events, to the extent provided in Section 13.8; (c) certain additional costs relating to Utility Adjustment Work, as described in Section 6.86.7 and Section 13.8.2, to the extent provided therein; (d) additional costs directly attributable to uncovering, removing and restoring Work, to the extent provided in Section 5.4.3; (e) Price adjustments as specified in Section 12.1; or (f) additional costs for Utility Adjustment Work directly attributable to Necessary Basic Configuration Changes, to the extent provided in Section 13.8. 13.3.1.3. DB Contractor’s entitlement to a Change Order for eligible changes is subject to the restrictions and limitations contained in this Section 13 and elsewhere in the Contract Documents, and furthermore is subject to DB Contractor’s compliance with all notification and other requirements identified herein. DB Contractor shall initiate the Change Order process by delivery of a PCO Notice as described in Section 13.3.2, followed by submittal of a Request for Change Order and supporting documentation to TxDOT.

Eligible Changes. 13.3.1.1. DB Contractor may request a Change Order to extend a Completion Deadline only for delays directly attributable to one or more of the following events or circumstances which change the duration of a Critical Path: : (a) Force Majeure Events; ; (b) TxDOT-Caused Delays; ; (c) delays relating to ROW acquisition by TxDOTaccess to ROW, to the extent permitted by Section 6.4.1; 13.8.5; (d) delays relating to Utilities, to the extent permitted by Sections 6.8.1, 6.8.56.7.1, 6.7.4 6.8.5 and 13.8.2; ; or (e) delays relating to Differing Site Conditions or the discovery of Hazardous Materials, Materials to the extent permitted by Section 13.8. 13.3.1.2. DB Contractor may request a Change Order to increase the Price only for increased costs of performance of the Work as follows: : (a) subject to Section 13.2.3, additional costs directly attributable to additional Work resulting from TxDOT-Directed Changes and TxDOT-Caused Delays for which TxDOT has not submitted a Change Order or a Request for Change Proposal; ; (b) additional costs relating to Differing Site Conditions, Hazardous Materials, and Force Majeure Events, and Hazardous Materials to the extent provided in Section 13.8; ; (c) certain additional costs relating to Utility Adjustment Work, as described in Section 6.86.7 6.8 and Section 13.8.2, to the extent provided therein; ; (d) additional costs directly attributable to uncovering, removing and restoring Work, to the extent provided in Section 5.4.3; ; (e) Price adjustments as specified in Section 12.1; or or (f) additional costs for Utility Adjustment Work directly attributable to Necessary Basic Configuration Changes, to the extent provided in Section 13.8. 13.3.1.3. DB Contractor’s entitlement to a Change Order for eligible changes is subject to the restrictions and limitations contained in this Section 13 and elsewhere in the Contract DBA Documents, and furthermore is subject to DB Contractor’s compliance with all notification and other requirements identified herein. DB Contractor shall initiate the Change Order process by delivery of a PCO Notice as described in Section 13.3.2, followed by submittal of a Request for Change Order and supporting documentation to TxDOT.

Eligible Changes. 13.3.1.1. DB Contractor may request a Change Order to extend a Completion Deadline only for delays directly attributable to one or more of the following events or circumstances which change the duration of a Critical Path: (a) Force Majeure Events; (b) TxDOT-Caused Delays; (c) delays relating to ROW acquisition by TxDOT, to the extent permitted by Section 6.4.1; (d) delays relating to Utilities, to the extent permitted by Sections 6.8.1, 6.8.56.7.16.7.1, 6.7.4 and 13.8.2; (e) delays relating to Differing Site Conditions or discovery of Hazardous Materials, to the extent permitted by Section 13.8. 13.3.1.2. DB Contractor may request a Change Order to increase the Price only for increased costs of performance of the Work as follows: (a) subject to Section 13.2.3, additional costs directly attributable to additional Work resulting from TxDOT-Directed Changes and TxDOT-Caused Delays for which TxDOT has not submitted a Change Order or a Request for Change Proposal; (b) additional costs relating to Differing Site Conditions, Hazardous Materials, and Force Majeure Events, to the extent provided in Section 13.8; (c) certain additional costs relating to Utility Adjustment Work, as described in Section 6.86.7 6.7 and Section 13.8.2, to the extent provided therein; (d) additional costs directly attributable to uncovering, removing and restoring Work, to the extent provided in Section 5.4.3; (e) Price adjustments as specified in Section 12.1; or (f) additional costs for Utility Adjustment Work directly attributable to Necessary Basic Configuration Changes, to the extent provided in Section 13.8. 13.3.1.3. DB Contractor’s entitlement to a Change Order for eligible changes is subject to the restrictions and limitations contained in this Section 13 and elsewhere in the Contract Documents, and furthermore is subject to DB Contractor’s compliance with all notification and other requirements identified herein. DB Contractor shall initiate the Change Order process by delivery of a PCO Notice as described in Section 13.3.2, followed by submittal of a Request for Change Order and supporting documentation to TxDOT.

Eligible Changes. 13.3.1.1. DB Contractor 13.3.1.1 Developer may request a Change Order to extend a Completion Deadline only for delays directly attributable to one or more of the following events or circumstances which change the duration of a Critical Path: (a) Force Majeure Events; (b) TxDOT-Caused Delays; (c) delays relating to ROW acquisition by TxDOT, to the extent permitted by Section 6.4.1; (d) delays relating to Utilities, to the extent permitted by Sections 6.8.1, 6.8.56.7.1, 6.7.4 6.8.5 and 13.8.2;; or (ed) delays relating to Differing Site Conditions or discovery of Hazardous Materials, to the extent permitted by Section 13.8. 13.3.1.2. DB Contractor (e) delays relating to access to ROW, to the extent permitted by Section 13.8.5. 13.3.1.2 Developer may request a Change Order to increase the Price only for increased costs of performance of the Work as follows: (a) subject to Section 13.2.3, additional costs directly attributable to additional Work resulting from TxDOT-Directed Changes and TxDOT-Caused Delays for which TxDOT has not submitted a Change Order or a Request for Change Proposal; (b) additional costs relating to Differing Site Conditions, Hazardous Materials, and Force Majeure Events, to the extent provided in Section 13.8; (c) certain additional costs relating to Utility Adjustment Work, as described in Section 6.86.7 6.8 and Section 13.8.2, to the extent provided therein; (d) additional costs directly attributable to uncovering, removing and restoring Work, to the extent provided in Section 5.4.3; (e) Price adjustments as specified in Section 12.1; or (f) additional costs for Utility Adjustment Work directly attributable to Necessary Basic Configuration Changes, to the extent provided in Section 13.8. 13.3.1.3. DB Contractor13.3.1.3 Developer’s entitlement to a Change Order for eligible changes is subject to the restrictions and limitations contained in this Section 13 and elsewhere in the Contract Documents, and furthermore is subject to DB ContractorDeveloper’s compliance with all notification and other requirements identified herein. DB Contractor Developer shall initiate the Change Order process by delivery of a PCO Notice as described in Section 13.3.2, followed by submittal of a Request for Change Order and supporting documentation to TxDOT.Section

Eligible Changes. 13.3.1.1. DB Contractor 14.3.1.1 Design/Builder may request a Change Order to extend a the Interim Completion Deadline, the Completion Deadline or the Acceptance Deadline only for delays directly attributable to one (a) Alamo RMA-Caused Delays; or more of (b) Force Majeure Events (subject in all cases to a requirement to show that the following events or circumstances which change delay actually extended the duration of a Critical Path: (a) Force Majeure Events; (b) TxDOT-Caused Delays; (c) delays relating Path so as to ROW acquisition by TxDOTdelay Interim Substantial Completion, to Substantial Completion or Final Acceptance beyond the extent permitted by Section 6.4.1; (d) delays relating to Utilities, to the extent permitted by Sections 6.8.1, 6.8.56.7.1, 6.7.4 and 13.8.2; (e) delays relating to Differing Site Conditions or discovery of Hazardous Materials, to the extent permitted by Section 13.8applicable deadline). 13.3.1.2. DB Contractor 14.3.1.2 Design/Builder may request a Change Order to increase the Price Development Price, subject to strict compliance with the requirements of this Section 14 and Section 13, only for increased costs of performance of the Development Work as follows: (a) subject to Section 13.2.3, additional Additional costs directly attributable to additional Development Work resulting from TxDOTAlamo RMA-Directed Changes and TxDOT-Caused Delays for which TxDOT the Alamo RMA has not submitted a Change Order or a Request for Change Proposal; (b) additional costs directly attributable to Alamo RMA- Caused Delays, other than delays resulting from subparagraph (g) of the definition of Alamo RMA-Caused Delays (actions or inactions of the Systems Integrator); (c) Additional costs directly attributable to Force Majeure Events, excluding costs which are compensable by the builder’s risk or any other insurance required to be provided hereunder, and subject to Section 14.10; and (d) Additional costs relating to Differing Site Conditions, Hazardous Materials, and Force Majeure Events, to the extent provided in Section 13.8; (c) certain additional costs relating to Utility Adjustment Work, as described in Section 6.86.7 and Section 13.8.2, to the extent provided therein; (d) additional costs directly attributable to uncovering, removing and restoring Work, to the extent provided in Section 5.4.3; (e) Price adjustments as specified in Section 12.1; or (f) additional costs for Utility Adjustment Work directly attributable to Necessary Basic Configuration Changes, to the extent provided in Section 13.814.9. 13.3.1.3. DB Contractor’s entitlement to a Change Order for eligible changes is subject to the restrictions and limitations contained in this Section 13 and elsewhere in the Contract Documents, and furthermore is subject to DB Contractor’s compliance with all notification and other requirements identified herein. DB Contractor shall initiate the Change Order process by delivery of a PCO Notice as described in Section 13.3.2, followed by submittal of a Request for Change Order and supporting documentation to TxDOT.

Eligible Changes. 13.3.1.1. DB Contractor may request a Change Order to extend a Completion Deadline only for delays directly attributable to one or more of the following events or circumstances which change the duration of a Critical Path: : (a) Force Majeure Events; ; (b) TxDOT-TxDOT- Caused Delays; ; (c) delays relating to ROW acquisition by TxDOT, to the extent permitted by Section 6.4.1; 6.4; (d) delays relating to Utilities, to the extent permitted by Sections 6.8.16.5.1, 6.8.56.7.1, 6.7.4 6.5.4 and 13.8.2; 13.7.2; (e) delays arising from Errors in the TxDOT-provided Final Design Documents to the extent that the DB Contractor does not have responsibility therefor in accordance with Section 3.3; or (f) delays relating to Differing Site Conditions or Conditions, discovery of Hazardous Materials, Materials to the extent permitted by Section 13.813.7. 13.3.1.2. DB Contractor may request a Change Order to increase the Price only for increased costs of performance of the Work as follows: : (a) subject to Section 13.2.3, additional costs directly attributable to additional Work resulting from TxDOT-Directed Changes and TxDOT-TxDOT- Caused Delays for which TxDOT has not submitted a Change Order or a Request for Change Proposal; ; (b) additional costs relating to Differing Site Conditions, Hazardous Materials, and Force Majeure Events, Hazardous Materials to the extent provided in Section 13.8; 13.7; (c) certain additional costs relating to Utility Adjustment Work, as described in Section 6.86.7 6.5 and Section 13.8.213.7.2, to the extent provided therein; ; (d) additional costs directly attributable to uncovering, removing and restoring Work, to the extent provided in Section 5.4.3; ; (e) additional costs directly attributable to Errors in the TxDOT- provided Final Design Documents to the extent that the DB Contractor does not have responsibility therefor in accordance with Section 3.3; or (f) Price adjustments as specified in Section 12.1; or (f) additional costs for Utility Adjustment Work directly attributable to Necessary Basic Configuration Changes, to the extent provided in Section 13.8. 13.3.1.3. DB Contractor’s entitlement to a Change Order for eligible changes is subject to the restrictions and limitations contained in this Section 13 and elsewhere in the Contract DBC Documents, and furthermore is subject to DB Contractor’s compliance with all notification and other requirements identified herein. DB Contractor shall initiate the Change Order process by delivery of a PCO Notice as described in Section 13.3.2, followed by submittal of a Request for Change Order and supporting documentation to TxDOT.

Eligible Changes. 13.3.1.1. DB Contractor may request a Change Order to extend a Completion Deadline only for delays directly attributable to one or more of the following events or circumstances which change the duration of a Critical Path: : (a) Force Majeure Events; ; (b) TxDOT-TxDOT- Caused Delays; ; (c) delays relating to ROW acquisition by TxDOT, to the extent permitted by Section 6.4.1; 6.3; (d) delays relating to Utilities, to the extent permitted by Sections 6.8.16.5.1, 6.8.56.7.1, 6.7.4 6.5.4 and 13.8.2; 13.7.2; or (e) delays relating to Differing Site Conditions or Conditions, discovery of Hazardous Materials, Materials to the extent permitted by Section 13.813.7. 13.3.1.2. DB Contractor may request a Change Order to increase the Price only for increased costs of performance of the Work as follows: : (a) subject to Section 13.2.3, additional costs directly attributable to additional Work resulting from TxDOT-Directed Changes and TxDOT-Caused Delays for which TxDOT has not submitted a Change Order or a Request for Change Proposal; ; (b) additional costs relating to Differing Site Conditions, Hazardous Materials, and Force Majeure Events, Hazardous Materials to the extent provided in Section 13.8; 13.7; (c) certain additional costs relating to Utility Adjustment Work, as described in Section 6.86.7 6.5 and Section 13.8.213.7.2, to the extent provided therein; ; (d) additional costs directly attributable to uncovering, removing and restoring Work, to the extent provided in Section 5.4.3; ; or (e) Price adjustments as specified in Section 12.1; or (f) additional costs for Utility Adjustment Work directly attributable to Necessary Basic Configuration Changes, to the extent provided in Section 13.8. 13.3.1.3. DB Contractor’s entitlement to a Change Order for eligible changes is subject to the restrictions and limitations contained in this Section 13 and elsewhere in the Contract DBA Documents, and furthermore is subject to DB Contractor’s compliance with all notification and other requirements identified herein. DB Contractor shall initiate the Change Order process by delivery of a PCO Notice as described in Section 13.3.2, followed by submittal of a Request for Change Order and supporting documentation to TxDOT.