Common use of Facility Right of Way Acquisition Clause in Contracts

Facility Right of Way Acquisition. 7.4.1 Developer shall undertake and complete the acquisition of Facility Right of Way, in accordance with Section 7 of the Technical Provisions, except for that Facility Right of Way that has been purchased by TxDOT prior to the Execution Date. 7.4.2 All Facility Right of Way, including Additional Properties other than temporary interests in property for Facility Specific Locations, shall be acquired in the name of the State. Developer shall undertake and complete the acquisition of Facility Right of Way, including Additional Properties, in accordance with Section 7 of the Technical Provisions, the approved Right of Way Acquisition Plan and all applicable Laws relating to such acquisition, including the Uniform Act. 7.4.3 Developer shall be responsible for all costs and expenses associated with acquiring all Facility Right of Way, including Additional Properties, incurred following NTP1 including (a) the cost of acquisition services and document preparation, (b) the cost of condemnation proceedings required by the Office of the Attorney General, from special commissioner’s hearings through jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production, (c) the purchase prices, court awards or judgments, and special commissioner’s awards for all parcels required for the Facility or the Work, whether within or outside of the Facility Right of Way, (d) the cost of permanent or temporary acquisition of leases, easement and other interests in real property, including for drainage, temporary work space, lay down areas, material storage areas, earthwork borrow sites, and any other convenience of Developer, (e) the cost of permitting, (f) closing costs associated with parcel purchases, in accordance with the Uniform Act and TxDOT policies, and (g) relocation assistance payments and costs, in accordance with the Uniform Act. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx shall reimburse TxDOT within 30 days of TxDOT’s submittal to Developer of an invoice therefor. 7.4.4 TxDOT shall (a) provide review and approval or disapproval of Acquisition Packages for the Facility Right of Way, including Additional Properties, and (b) except as provided below, undertake eminent domain proceedings, if necessary, for the Facility Right of Way, including Additional Properties in accordance with the procedures and time frames established in Section 7 of the Technical Provisions and the approved Right of Way Acquisition Plan. 7.4.5 Except as otherwise authorized by Law for temporary Facility Specific Locations, (a) TxDOT shall not be obligated to exercise its power of eminent domain in connection with Developer's acquisition of any such temporary right or interest, (b) TxDOT shall have no obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests, and (c) Developer shall have no obligation to submit Acquisition Packages to TxDOT for, or obtain TxDOT’s approval of Developer’s acquisition of, any such temporary right or interest. 7.4.6 Developer’s designated Right of Way Acquisition Manager, referred to herein as the ROW AM, shall be entitled to undertake the right-of-way acquisition services for Facility Right of Way, including Additional Properties, described in Section 7 of the Technical Provisions on behalf of TxDOT as its agent for such limited purpose, subject to the conditions and limitations of this Section 7.4.6. 7.4.6.1 In performing such activities, the ROW AM shall at all times follow the standard of care and conduct and be subject to the Laws applicable to a licensed real estate broker in the State, and shall at all times conform with applicable Law (including, to the extent applicable, the Uniform Act) in all communications and interactions with the owners or occupants of the real property in which Developer seeks to obtain any right or interest. 7.4.6.2 Developer shall not be entitled to a Change Order or Claim as a result of the actions or omissions of the ROW AM in connection with the ROW AM’s activities in carrying out the limited agency provided herein.

Facility Right of Way Acquisition. 7.4.1 Developer shall undertake and complete the acquisition of Facility Right of Way, in accordance with Section 7 of the Technical Provisions, except for that Facility Right of Way that has been purchased by TxDOT prior to the Execution Date. 7.4.2 All Facility Right of Way, including Additional Properties other than temporary interests in property for Facility Specific Locations, shall be acquired in the name of the State. Developer shall undertake and complete the acquisition of Facility Right of Way, including Additional Properties, in accordance with Section 7 of the Technical Provisions, the approved Right of Way Acquisition Plan and all applicable Laws relating to such acquisition, including the Uniform Act. 7.4.3 Developer shall be responsible for all costs and expenses associated with acquiring all Facility Right of Way, including Additional Properties, incurred following NTP1 including (a) the cost of acquisition services and document preparation, (b) the cost of condemnation proceedings required by the Office of the Attorney General, from special commissioner’s hearings through jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production, (c) the purchase prices, court awards or judgments, and special commissioner’s awards for all parcels required for the Facility or the Work, whether within or outside of the Facility Right of Way, (d) the cost of permanent or temporary acquisition of leases, easement and other interests in real property, including for drainage, temporary work space, lay down areas, material storage areas, earthwork borrow sites, and any other convenience of Developer, (e) the cost of permitting, (f) closing costs associated with parcel purchases, in accordance with the Uniform Act and TxDOT policies, and (g) relocation assistance payments and costs, in accordance with the Uniform Act. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx shall reimburse TxDOT within 30 days of TxDOT’s submittal to Developer of an invoice therefor.work 7.4.4 TxDOT shall (a) provide review and approval or disapproval of Acquisition Packages for the Facility Right of Way, including Additional Properties, and (b) except as provided below, undertake eminent domain proceedings, if necessary, for the Facility Right of Way, including Additional Properties in accordance with the procedures and time frames established in Section 7 of the Technical Provisions and the approved Right of Way Acquisition Plan. 7.4.5 Except as otherwise authorized by Law for temporary Facility Specific Locations, (a) TxDOT shall not be obligated to exercise its power of eminent domain in connection with Developer's acquisition of any such temporary right or interest, (b) TxDOT shall have no obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests, and (c) Developer shall have no obligation to submit Acquisition Packages to TxDOT for, or obtain TxDOT’s approval of Developer’s acquisition of, any such temporary right or interest. 7.4.6 Developer’s designated Right of Way Acquisition Manager, referred to herein as the ROW AM, shall be entitled to undertake the right-of-way acquisition services for Facility Right of Way, including Additional Properties, described in Section 7 of the Technical Provisions on behalf of TxDOT as its agent for such limited purpose, subject to the conditions and limitations of this Section 7.4.6. 7.4.6.1 In performing such activities, the ROW AM shall at all times follow the standard of care and conduct and be subject to the Laws applicable to a licensed real estate broker in the State, and shall at all times conform with applicable Law (including, to the extent applicable, the Uniform Act) in all communications and interactions with the owners or occupants of the real property in which Developer seeks to obtain any right or interest. 7.4.6.2 Developer shall not be entitled to a Change Order or Claim as a result of the actions or omissions of the ROW AM in connection with the ROW AM’s activities in carrying out the limited agency provided herein.

Facility Right of Way Acquisition. 7.4.1 Developer shall undertake and complete the acquisition of Facility Right of Way, in accordance with Section 7 of the Technical Provisions, except for that Facility Right of Way that has been purchased by TxDOT prior to the Execution DateNTP 1. 7.4.2 All Facility Right of Way, including Additional Properties other than temporary interests in property for Facility Specific Locations, shall be acquired in the name of the State. Developer shall undertake and complete the acquisition of Facility Right of Way, including Additional Properties, in accordance with Section 7 of the Technical Provisions, the approved Right of Way Acquisition Plan and all applicable Laws relating to such acquisition, including the Uniform Act. 7.4.3 Developer shall be responsible for all costs and expenses associated with acquiring all Facility Right of Way, including Additional Properties, incurred following NTP1 including (a) the cost of acquisition services and document preparation, (b) the cost of condemnation proceedings required by the Office of the Attorney General, from special commissioner’s hearings through jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production, (c) the purchase prices, court awards or judgments, and special commissioner’s awards for all parcels required for the Facility or the Work, whether within or outside of the Facility Right of Way, (d) the cost of permanent or temporary acquisition of leases, easement and other interests in real property, including for drainage, temporary work space, lay down areas, material storage areas, earthwork borrow sites, and any other convenience of Developer, (e) the cost of permitting, (f) closing costs associated with parcel purchases, in accordance with the Uniform Act and TxDOT policies, and (g) relocation assistance payments and costs, in accordance with the Uniform Act. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx shall reimburse TxDOT within 30 days of TxDOT’s submittal to Developer of an invoice therefor. 7.4.4 TxDOT shall (a) provide review and approval or disapproval of Acquisition Packages for the Facility Right of Way, including Additional Properties, and (b) except as provided below, undertake eminent domain proceedings, if necessary, for the Facility Right of Way, including Additional Properties in accordance with the procedures and time frames established in Section 7 of the Technical Provisions and the approved Right of Way Acquisition Plan. 7.4.5 Except as otherwise authorized by Law for temporary Facility Specific Locations, (a) TxDOT shall not be obligated to exercise its power of eminent domain in connection with Developer's acquisition of any such temporary right or interest, (b) TxDOT shall have no obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests, and (c) Developer shall have no obligation to submit Acquisition Packages to TxDOT for, or obtain TxDOT’s approval of Developer’s acquisition of, any such temporary right or interest. 7.4.6 Developer’s designated Right of Way Acquisition Manager, referred to herein as the ROW AM, shall be entitled to undertake the right-of-way acquisition services for Facility Right of Way, including Additional Properties, described in Section 7 of the Technical Provisions on behalf of TxDOT as its agent for such limited purpose, subject to the conditions and limitations of this Section 7.4.6. 7.4.6.1 In performing such activities, the ROW AM shall at all times follow the standard of care and conduct and be subject to the Laws applicable to a licensed real estate broker in the State, and shall at all times conform with applicable Law (including, to the extent applicable, the Uniform Act) in all communications and interactions with the owners or occupants of the real property in which Developer seeks to obtain any right or interest. 7.4.6.2 Developer shall not be entitled to a Change Order or Claim as a result of the actions or omissions of the ROW AM in connection with the ROW AM’s activities in carrying out the limited agency provided herein.

Facility Right of Way Acquisition. 7.4.1 Developer shall undertake and complete the acquisition of Facility Right of Way, in accordance with Section 7 of the Technical Provisions, except for that Facility Right of Way that has been purchased by TxDOT prior to the Execution Date. 7.4.2 All Facility Right of Way, including Additional Properties other than temporary interests in property for Facility Specific Locations, shall be acquired in the name of the State. Developer shall undertake and complete the acquisition of Facility Right of Way, including Additional Properties, in accordance with Section 7 of the Technical Provisions, the approved Right of Way Acquisition Plan and all applicable Laws relating to such acquisition, including the Uniform Act. 7.4.3 Developer shall be responsible for all costs and expenses associated with acquiring all Facility Right of Way, including Additional Properties, incurred following NTP1 including (a) the cost of acquisition services and document preparation, (b) the cost of condemnation proceedings required by the Office of the Attorney General, from special commissioner’s hearings through jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production, (c) the purchase prices, court awards or judgments, and special commissioner’s awards for all parcels required for the Facility or the Work, whether within or outside of the Facility Right of Way, (d) the cost of permanent or temporary acquisition of leases, easement and other interests in real property, including for drainage, temporary work space, lay down areas, material storage areas, earthwork borrow sites, and any other convenience of Developer, (e) the cost of permitting, (f) closing costs associated with parcel purchases, in accordance with the Uniform Act and TxDOT policies, and (g) relocation assistance payments and costs, in accordance with the Uniform Act. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx shall reimburse TxDOT within 30 days of TxDOT’s submittal to Developer of an invoice therefor. 7.4.4 TxDOT shall (a) provide review and approval or disapproval of Acquisition Packages for the Facility Right of Way, including Additional Properties, and (b) except as provided below, undertake eminent domain proceedings, if necessary, for the Facility Right of Way, including Additional Properties in accordance with the procedures and time frames established in Section 7 of the Technical Provisions and the approved Right of Way Acquisition Plan.frames 7.4.5 Except as otherwise authorized by Law for temporary Facility Specific Locations, (a) TxDOT shall not be obligated to exercise its power of eminent domain in connection with Developer's acquisition of any such temporary right or interest, (b) TxDOT shall have no obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests, and (c) Developer shall have no obligation to submit Acquisition Packages to TxDOT for, or obtain TxDOT’s approval of Developer’s acquisition of, any such temporary right or interest. 7.4.6 Developer’s designated Right of Way Acquisition Manager, referred to herein as the ROW AM, shall be entitled to undertake the right-of-way acquisition services for Facility Right of Way, including Additional Properties, described in Section 7 of the Technical Provisions on behalf of TxDOT as its agent for such limited purpose, subject to the conditions and limitations of this Section 7.4.6. 7.4.6.1 In performing such activities, the ROW AM shall at all times follow the standard of care and conduct and be subject to the Laws applicable to a licensed real estate broker in the State, and shall at all times conform with applicable Law (including, to the extent applicable, the Uniform Act) in all communications and interactions with the owners or occupants of the real property in which Developer seeks to obtain any right or interest. 7.4.6.2 Developer shall not be entitled to a Change Order or Claim as a result of the actions or omissions of the ROW AM in connection with the ROW AM’s activities in carrying out the limited agency provided herein.

Facility Right of Way Acquisition. 7.4.1 Developer shall undertake and complete the acquisition of Facility Right of Way, in accordance with Section 7 of the Technical Provisions, except for that Facility Right of Way that has been purchased by TxDOT prior to the Execution Date. 7.4.2 All Facility Right of Way, including Additional Properties other than temporary interests in property for Facility Specific Locations, shall be acquired in the name of the State. Developer shall undertake and complete the acquisition of Facility Right of Way, including Additional Properties, in accordance with Section 7 of the Technical Provisions, the approved Right of Way Acquisition Plan and all applicable Laws relating to such acquisition, including the Uniform Act. 7.4.3 Developer shall be responsible for all costs and expenses associated with acquiring all Facility Right of Way, including Additional Properties, incurred following NTP1 including (a) the cost of acquisition services and document preparation, (b) the cost of condemnation proceedings required by the Office of the Attorney General, from special commissioner’s hearings through jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production, (c) the purchase prices, court awards or judgments, and special commissioner’s awards for all parcels required for the Facility or the Work, whether within or outside of the Facility Right of Way, (d) the cost of permanent or temporary acquisition of leases, easement and other interests in real property, including for drainage, temporary work space, lay down areas, material storage areas, earthwork borrow sites, and any other convenience of Developer, (e) the cost of permitting, (f) closing costs associated with parcel purchases, in accordance with the Uniform Act and TxDOT policies, and (g) relocation assistance payments and costs, in accordance with the Uniform Act. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx shall reimburse TxDOT within 30 days of TxDOT’s submittal to Developer of an invoice therefor.relocation 7.4.4 TxDOT shall (a) provide review and approval or disapproval of Acquisition Packages for the Facility Right of Way, including Additional Properties, and (b) except as provided below, undertake eminent domain proceedings, if necessary, for the Facility Right of Way, including Additional Properties in accordance with the procedures and time frames established in Section 7 of the Technical Provisions and the approved Right of Way Acquisition Plan. 7.4.5 Except as otherwise authorized by Law for temporary Facility Specific Locations, (a) TxDOT shall not be obligated to exercise its power of eminent domain in connection with Developer's acquisition of any such temporary right or interest, (b) TxDOT shall have no obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests, and (c) Developer shall have no obligation to submit Acquisition Packages to TxDOT for, or obtain TxDOT’s approval of Developer’s acquisition of, any such temporary right or interest. 7.4.6 Developer’s designated Right of Way Acquisition Manager, referred to herein as the ROW AM, shall be entitled to undertake the right-of-way acquisition services for Facility Right of Way, including Additional Properties, described in Section 7 of the Technical Provisions on behalf of TxDOT as its agent for such limited purpose, subject to the conditions and limitations of this Section 7.4.6. 7.4.6.1 In performing such activities, the ROW AM shall at all times follow the standard of care and conduct and be subject to the Laws applicable to a licensed real estate broker in the State, and shall at all times conform with applicable Law (including, to the extent applicable, the Uniform Act) in all communications and interactions with the owners or occupants of the real property in which Developer seeks to obtain any right or interest. 7.4.6.2 Developer shall not be entitled to a Change Order or Claim as a result of the actions or omissions of the ROW AM in connection with the ROW AM’s activities in carrying out the limited agency provided herein.

Facility Right of Way Acquisition. 7.4.1 Developer shall undertake and complete the acquisition of Facility Right of Way, in accordance with Section 7 of the Technical Provisions, except for that Facility Right of Way that has been purchased by TxDOT prior to the Execution Date. 7.4.2 All Facility Right of Way, including Additional Properties other than temporary interests in property for Facility Specific Locations, shall be acquired in the name of the State. Developer shall undertake and complete the acquisition of Facility Right of Way, including Additional Properties, in accordance with Section 7 of the Technical Provisions, the approved Right of Way Acquisition Plan and all applicable Laws relating to such acquisition, including the Uniform Act. 7.4.3 Developer shall be responsible for all costs and expenses associated with acquiring all Facility Right of Way, including Additional Properties, incurred following NTP1 including (a) the cost of acquisition services and document preparation, (b) the cost of condemnation proceedings required by the Office of the Attorney General, from special commissioner’s hearings through jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production, (c) the purchase prices, court awards or judgments, and special commissioner’s awards for all parcels required for the Facility or the Work, whether within or outside of the Facility Right of Way, (d) the cost of permanent or temporary acquisition of leases, easement and other interests in real property, including for drainage, temporary work space, lay down areas, material storage areas, earthwork borrow sites, and any other convenience of Developer, (e) the cost of permitting, (f) closing costs associated with parcel purchases, in accordance with the Uniform Act and TxDOT policies, and (g) relocation assistance payments and costs, in accordance with the Uniform Act. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx Developer shall reimburse TxDOT within 30 days of TxDOT’s submittal to Developer of an invoice therefor. 7.4.4 TxDOT shall (a) provide review and approval or disapproval of Acquisition Packages for the Facility Right of Way, including Additional Properties, and (b) except as provided below, undertake eminent domain proceedings, if necessary, for the Facility Right of Way, including Additional Properties in accordance with the procedures and time frames established in Section 7 of the Technical Provisions and the approved Right of Way Acquisition Plan.frames 7.4.5 Except as otherwise authorized by Law for temporary Facility Specific Locations, (a) TxDOT shall not be obligated to exercise its power of eminent domain in connection with Developer's acquisition of any such temporary right or interest, (b) TxDOT shall have no obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests, and (c) Developer shall have no obligation to submit Acquisition Packages to TxDOT for, or obtain TxDOT’s approval of Developer’s acquisition of, any such temporary right or interest. 7.4.6 Developer’s designated Right of Way Acquisition Manager, referred to herein as the ROW AM, shall be entitled to undertake the right-of-way acquisition services for Facility Right of Way, including Additional Properties, described in Section 7 of the Technical Provisions on behalf of TxDOT as its agent for such limited purpose, subject to the conditions and limitations of this Section 7.4.6. 7.4.6.1 In performing such activities, the ROW AM shall at all times follow the standard of care and conduct and be subject to the Laws applicable to a licensed real estate broker in the State, and shall at all times conform with applicable Law (including, to the extent applicable, the Uniform Act) in all communications and interactions with the owners or occupants of the real property in which Developer seeks to obtain any right or interest. 7.4.6.2 Developer shall not be entitled to a Change Order or Claim as a result of the actions or omissions of the ROW AM in connection with the ROW AM’s activities in carrying out the limited agency provided herein.

Facility Right of Way Acquisition. 7.4.1 Developer shall undertake and complete the acquisition of Facility Right of Way, in accordance with Section 7 of the Technical Provisions, except for that Facility Right of Way that has been purchased by TxDOT prior to the Execution DateNTP 1. 7.4.2 All Facility Right of Way, including Additional Properties other than temporary interests in property for Facility Specific Locations, shall be acquired in the name of the State. Developer shall undertake and complete the acquisition of Facility Right of Way, including Additional Properties, in accordance with Section 7 of the Technical Provisions, the approved Right of Way Acquisition Plan and all applicable Laws relating to such acquisition, including the Uniform Act. 7.4.3 Developer shall be responsible for all costs and expenses associated with acquiring all Facility Right of Way, including Additional Properties, incurred following NTP1 including (a) the cost of acquisition services and document preparation, (b) the cost of condemnation proceedings required by the Office of the Attorney General, from special commissioner’s hearings through jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production, (c) the purchase prices, court awards or judgments, and special commissioner’s awards for all parcels required for the Facility or the Work, whether within or outside of the Facility Right of Way, (d) the cost of permanent or temporary acquisition of leases, easement and other interests in real property, including for drainage, temporary work space, lay down areas, material storage areas, earthwork borrow sites, and any other convenience of Developer, (e) the cost of permitting, (f) closing costs associated with parcel purchases, in accordance with the Uniform Act and TxDOT policies, and (g) relocation assistance payments and costs, in accordance with the Uniform Act. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx shall reimburse TxDOT within 30 days of TxDOT’s submittal to Developer of an invoice therefor.parcel 7.4.4 TxDOT shall (a) provide review and approval or disapproval of Acquisition Packages for the Facility Right of Way, including Additional Properties, and (b) except as provided below, undertake eminent domain proceedings, if necessary, for the Facility Right of Way, including Additional Properties in accordance with the procedures and time frames established in Section 7 of the Technical Provisions and the approved Right of Way Acquisition Plan. 7.4.5 Except as otherwise authorized by Law for temporary Facility Specific Locations, (a) TxDOT shall not be obligated to exercise its power of eminent domain in connection with Developer's acquisition of any such temporary right or interest, (b) TxDOT shall have no obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests, and (c) Developer shall have no obligation to submit Acquisition Packages to TxDOT for, or obtain TxDOT’s approval of Developer’s acquisition of, any such temporary right or interest. 7.4.6 Developer’s designated Right of Way Acquisition Manager, referred to herein as the ROW AM, shall be entitled to undertake the right-of-way acquisition services for Facility Right of Way, including Additional Properties, described in Section 7 of the Technical Provisions on behalf of TxDOT as its agent for such limited purpose, subject to the conditions and limitations of this Section 7.4.6. 7.4.6.1 In performing such activities, the ROW AM shall at all times follow the standard of care and conduct and be subject to the Laws applicable to a licensed real estate broker in the State, and shall at all times conform with applicable Law (including, to the extent applicable, the Uniform Act) in all communications and interactions with the owners or occupants of the real property in which Developer seeks to obtain any right or interest. 7.4.6.2 Developer shall not be entitled to a Change Order or Claim as a result of the actions or omissions of the ROW AM in connection with the ROW AM’s activities in carrying out the limited agency provided herein.

Facility Right of Way Acquisition. 7.4.1 Subject to Section 7.4.7, Developer shall undertake and complete the acquisition of all Facility Right of Way, Way required for the Segment 3A Facility Segment and the Segment 3C Facility Segment in accordance with Section 7 of the Technical Provisions, except for that the Facility Right of Way that has been purchased by TxDOT prior to the Execution Effective Date or the Amendment Effective Date, as applicable. Developer shall act as expeditiously as reasonably possible, in compliance with applicable Law and the schedule for such acquisitions approved by TxDOT, to acquire parcels of Facility Rights of Way for the Segment 3C Facility Segment. 7.4.2 All Facility Right of Way, including Additional Properties other than temporary interests in property for Facility Specific Locations, shall be acquired in the name of the State. Subject to Section 7.4.7, Developer shall undertake and complete the acquisition of the Facility Right of WayWay for the Mandatory Scope, including Additional Properties, in accordance with Section 7 of the Technical Provisions, the approved Right of Way Acquisition Plan and all applicable Laws relating to such acquisition, including the Uniform Act.with 7.4.3 Subject to Section 7.4.7, Developer shall be responsible for all costs and expenses associated with acquiring all Facility Right of WayWay for the Mandatory Scope, including Additional Properties, incurred following NTP1 or NTP1 (3C), as the case may be, including (a) the cost of acquisition services and document preparation, (b) the cost of condemnation proceedings required by the Office of the Attorney General, from special commissioner’s hearings through jury trials and appeals, including attorneys’ and expert witness fees, and all fees and expenses for exhibits, transcripts, photos and other documents and materials production, (c) the purchase prices, court awards or judgments, and special commissioner’s awards for all parcels required for the Facility or the Work, whether within or outside of the Facility Right of Way, (d) the cost of permanent or temporary acquisition of leases, easement and other interests in real property, including for drainage, temporary work space, lay down areas, material storage areas, earthwork borrow sites, and any other convenience of Developer, (e) the cost of permitting, (f) closing costs associated with parcel purchases, in accordance with the Uniform Act and TxDOT policies, and (g) relocation assistance payments and costs, in accordance with the Uniform Act. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx shall reimburse TxDOT within 30 days of TxDOT’s submittal to Developer of an invoice therefor. 7.4.4 TxDOT shall (a) provide review and approval or disapproval of Acquisition Packages for the Facility Right of Way, including Additional Properties, and (b) except as provided below, undertake eminent domain proceedings, if necessary, for the Facility Right of Way, including Additional Properties in accordance with the procedures and time frames established in Section 7 of the Technical Provisions and the approved Right of Way Acquisition Plan. TxDOT shall be solely responsible for all decisions regarding the exercise of its power of eminent domain, condemnation and the trials and appeals thereof. TxDOT shall provide Developer regular and timely updates of the eminent domain proceedings. TxDOT shall to all practicable extent, consult with Developer with respect to the eminent domain process in order to remain informed of Developer's concerns and input. 7.4.5 Except as otherwise authorized by Law for temporary Facility Specific Locations, , (a) TxDOT shall not be obligated to exercise its power of eminent domain in connection with Developer's acquisition of any such temporary right or interest, (b) TxDOT shall have no obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests, and (c) Developer shall have no obligation to submit Acquisition Packages to TxDOT for, or obtain TxDOT’s approval of Developer’s acquisition of, any such temporary right or interest. 7.4.6 Developer’s designated Right of Way Acquisition Manager, referred to herein as the ROW AM, shall be entitled to undertake the right-of-way acquisition services for the Facility Right of Way, including Additional PropertiesProperties but excluding any Facility Right of Way required for the GP Capacity Improvements or the 3C Ultimate Capacity Improvement, described in Section 7 of the Technical Provisions on behalf of TxDOT as its agent for such limited purpose, subject to the conditions and limitations of this Section 7.4.6. 7.4.6.1 In performing such activities, the ROW AM shall at all times follow the standard of care and conduct and be subject to the Laws applicable to a licensed real estate broker in the State, and shall at all times conform with applicable Law (including, to the extent applicable, the Uniform Act) in all communications and interactions with the owners or occupants of the real property in which Developer seeks to obtain any right or interest.real 7.4.6.2 Developer shall not be entitled to a Change Order or Claim as a result of the actions or omissions of the ROW AM in connection with the ROW AM’s activities in carrying out the limited agency provided herein.