Failure of Utility Owners to Cooperate. 6.8.4.1 Developer shall use best efforts to obtain the cooperation of each Utility Owner as necessary for the Utility Adjustment. Developer shall notify TxDOT immediately if: (a) Developer is unable (or anticipates that it will be unable), after diligent efforts, to reach agreement with a Utility Owner on a necessary Utility Agreement within a reasonable time, (b) Developer reasonably believes for any other reason that any Utility Owner would not undertake or permit a Utility Adjustment in a manner consistent with the timely completion of the Project, (c) Developer becomes aware that any Utility Owner is not cooperating in a timely manner to provide agreed-upon work or approvals, or (d) any other dispute arises between Developer and a Utility Owner with respect to the Project, despite Xxxxxxxxx's diligent efforts to obtain such Utility Owner’s cooperation or otherwise resolve such dispute. Such notice may include a request that TxDOT assist in resolving the dispute or in otherwise obtaining the Utility Owner’s timely cooperation. Developer shall provide TxDOT with such information as TxDOT requests regarding the Utility Owner's failure to cooperate and the effect of any resulting delay on the Project Schedule. After delivering to TxDOT any notice or request for assistance, Developer shall continue to use diligent efforts to pursue the Utility Owner’s cooperation.
6.8.4.2 If Developer requests TxDOT’s assistance pursuant to Section 6.8.4.1, Developer shall provide evidence reasonably satisfactory to TxDOT that:
(a) the Utility Adjustment is necessary, (b) the time for completion of the Utility Adjustment in the Project Schedule was, in its inception, a reasonable amount of time for completion of such work, (c) Developer has made diligent efforts to obtain the Utility Owner’s cooperation, and (d) the Utility Owner is not cooperating (the foregoing items (a) through
Failure of Utility Owners to Cooperate. 6.8.4.1 DB Contractor shall use best efforts to obtain the cooperation of each Utility Owner as necessary for the Utility Adjustment. DB Contractor shall notify TxDOT immediately if: (a) DB Contractor is unable (or anticipates that it will be unable), after diligent efforts, to reach agreement with a Utility Owner on a necessary Utility Agreement within a reasonable time, (b) DB Contractor reasonably believes for any other reason that any Utility Owner would not undertake or permit a Utility Adjustment in a manner consistent with the timely completion of the Project, (c) DB Contractor becomes aware that any Utility Owner is not cooperating in a timely manner to provide agreed-upon work or approvals, or (d) any other dispute arises between DB Contractor and a Utility Owner with respect to the Project, despite DB Contractor's diligent efforts to obtain such Utility Owner’s cooperation or otherwise resolve such dispute. Such notice may include a request that TxDOT assist in resolving the dispute or in otherwise obtaining the Utility Owner’s timely cooperation. DB Contractor shall provide TxDOT with such information as TxDOT requests regarding the Utility Owner's failure to cooperate and the effect of any resulting delay on the Project Schedule. After delivering to TxDOT any notice or request for assistance, DB Contractor shall continue to use diligent efforts to pursue the Utility Owner’s cooperation.
6.8.4.2 If DB Contractor requests TxDOT’s assistance pursuant to Section 6.8.4.1, DB Contractor shall provide evidence reasonably satisfactory to TxDOT that: (a) the Utility Adjustment is necessary, (b) the time for completion of the Utility Adjustment in the Project Schedule was, in its inception, a reasonable amount of time for completion of such work, (c) DB Contractor has made diligent efforts to obtain the Utility Owner’s cooperation, and (d) the Utility Owner is not cooperating (the foregoing items (a) through (d) are referred to herein as the “conditions to assistance”). Following TxDOT's receipt of satisfactory evidence, TxDOT shall take such reasonable steps as may be requested by DB Contractor to obtain the cooperation of the Utility Owner or resolve the dispute; provided however, TxDOT shall have no obligation to prosecute eminent domain or other legal proceedings, or to exercise any other remedy available to it under applicable Law or existing contract, unless TxDOT elects to do so in its sole discretion. If TxDOT holds contractual rights that might ...
Failure of Utility Owners to Cooperate. (i) The Development Entity shall use diligent efforts to obtain the cooperation of each Utility Owner as necessary for Utility Relocations to be performed in connection with the Work. The Development Entity shall notify the Department promptly if the Development Entity reasonably believes that:
(A) any Utility Owner would not undertake or permit a Utility Relocation in a manner consistent with the timely achievement of CNG Readiness in respect of any Project Site or in accordance with Applicable Law, any Governmental Approval or the Project Documents;
(B) any Utility Owner is not cooperating in a timely manner to provide agreed-upon work or approvals; or
(C) any other dispute will arise between the Development Entity and a Utility Owner with respect to the Project, despite the Development Entity’s diligent efforts to obtain such Utility Owner’s cooperation or otherwise resolve such dispute. Such Notice may include a request that the Department assist in resolving the dispute or in otherwise obtaining the Utility Owner’s timely cooperation. The Development Entity shall provide the Department with such information as the Department requests regarding the Utility Owner’s failure to cooperate and the effect of any resulting delay on the Development Entity’s Project Working Schedule. After delivering to the Department any Notice or request for assistance, the Development Entity shall continue to use diligent efforts to pursue the Utility Owner’s cooperation.
(ii) If the Development Entity requests the Department’s assistance pursuant to Section 5.2(e)(i), then the following provisions shall apply:
(A) the Development Entity shall provide evidence reasonably satisfactory to the Department that:
I. the subject Utility Relocation is necessary;
II. the time for completion of the Utility Relocation in the Project Working Schedule was, at its inception, a reasonable amount of time for completion of such work;
III. the Development Entity has made diligent efforts to obtain the Utility Owner’s cooperation; and
IV. the Utility Owner is not cooperating or is not able to undertake or permit a Utility Relocation in a manner consistent with the timely achievement of CNG Readiness in respect of any Project Site (the foregoing clauses I through IV are referred to herein as the conditions to assistance);
(B) following the Department’s receipt of satisfactory evidence, the Department shall take such reasonable steps as the Development Entity may request to obtain the cooperatio...
Failure of Utility Owners to Cooperate. 5.5.7.1 Developer shall use diligent efforts to obtain the cooperation of each Utility Owner as necessary for Utility Adjustments to be performed pursuant to a Developer Utility Agreement. Developer shall notify IFA immediately if (a) Developer is unable (or anticipates that it will be unable), after diligent efforts, to reach agreement with a Utility Owner on a necessary Developer Utility Agreement within a reasonable time, (b) Developer reasonably believes for any other reason that any Utility Owner would not undertake or permit a Utility Adjustment in a manner consistent with the timely completion of the Project or in accordance with Law, the Governmental Approvals or the PPA Documents, (c) Developer becomes aware that any Utility Owner is not cooperating in a timely manner to provide agreed-upon work or approvals, or (d) any other dispute arises between Developer and a Utility Owner with respect to the Project, despite Xxxxxxxxx's diligent efforts to obtain such Utility Owner’s cooperation or otherwise resolve such dispute. Such Notice may include a request that IFA assist in resolving the dispute or in otherwise obtaining the Utility Owner’s timely cooperation. Developer shall provide IFA with such information as IFA requests regarding the Utility Owner's failure to cooperate and the effect of any resulting delay on the Project Schedule. After delivering to IFA any Notice or request for assistance, Developer shall continue to use diligent efforts to pursue the Utility Owner’s cooperation.
Failure of Utility Owners to Cooperate. 6.8.4.1 Developer shall use best efforts to obtain the cooperation of each Utility Owner as necessary for the Utility Adjustment. Developer shall notify TxDOT immediately if: (a) Developer is unable (or anticipates that it will be unable), after diligent efforts, to reach agreement with a Utility Owner on a necessary Utility Agreement within a reasonable time, (b) Developer reasonably believes for any other reason that any Utility Owner would not undertake or permit a Utility Adjustment in a manner consistent with the timely completion of the Project, (c) Developer becomes aware that any Utility Owner is not cooperating in a timely manner to provide agreed-upon work or approvals, or
Failure of Utility Owners to Cooperate. 7.5.7.1 Developer shall use diligent efforts to obtain the cooperation of each Utility Owner as necessary for Utility Adjustments. Developer shall notify TxDOT immediately if (a) Developer is unable (or anticipates that it will be unable), after diligent efforts, to reach
7.5.7.2 If Developer requests TxDOT's assistance pursuant to Section 7.5.7.1, Developer shall provide evidence reasonably satisfactory to TxDOT that (a) the subject Utility Adjustment is necessary, (b) the time for completion of the Utility Adjustment in the Facility Schedule was, in its inception, a reasonable amount of time for completion of such work, (c) Developer’s position in the dispute is otherwise reasonable, (d) Developer has made diligent efforts to obtain the Utility Owner’s cooperation, and (e) the Utility Owner is not cooperating (the foregoing clauses (a) through (e) are referred to herein as the “conditions to assistance”). Following TxDOT's receipt of satisfactory evidence, TxDOT shall take such reasonable steps as may be requested by Developer to obtain the cooperation of the Utility Owner or resolve the dispute; however, TxDOT shall have no obligation to prosecute eminent domain or other legal proceedings, or to exercise any other remedy available to it under applicable Law or existing contract, unless TxDOT elects to do so in its sole discretion. If TxDOT holds contractual rights that might be used to enforce the Utility Owner's obligation to cooperate and TxDOT elects in its sole discretion not to exercise those rights, then TxDOT shall assign those rights to Developer upon Developer's request; however, such assignment shall be without any representation or warranty as to either the assignability or the enforceability of such rights. Developer shall reimburse TxDOT for TxDOT’s Recoverable Costs in connection with providing such assistance to Developer. Any assistance TxDOT provides shall not relieve Developer of its sole responsibility for satisfactory compliance with its obligations and timely completion of all Utility Adjustment Work, except as otherwise expressly set forth herein. If the reason for the Utility Owner's alleged lack of cooperation is a disagreement with modifications made by Developer to a standard form Utility Agreement in accordance with Section 7.5.2.2, TxDOT’s approval of the Deviation shall not be construed as confirmation that Developer's position in the dispute is reasonable. In no event shall TxDOT's obligations pursuant to this Section 7.5.7...
Failure of Utility Owners to Cooperate. DB Contractor shall use best efforts to obtain the cooperation of each Utility Owner as necessary for the Utility Adjustment. DB Contractor shall notify TxDOT immediately if DB Contractor is unable (or anticipates that it will be unable), after diligent efforts, to reach agreement with a Utility Owner on a necessary Utility Agreement or get any necessary cooperation from a Utility Owner within a reasonable time. Such notice may include a request that TxDOT assist in resolving the dispute or in otherwise obtaining the Utility Owner’s timely cooperation. Upon a request for assistance from DB Contractor, TxDOT will take such reasonable steps as DB Contractor may request; provided that TxDOT shall have no obligation to prosecute eminent domain or other legal proceedings, or to exercise any rights available to TxDOT under applicable Law or any contract. DB Contractor shall reimburse TxDOT for TxDOT’s Recoverable Costs in connection with providing such assistance to DB Contractor. As a condition of TxDOT providing assistance to DB Contractor, DB Contractor shall provide such evidence and information as TxDOT requests with respect to the Utility Adjustment sufficient to demonstrate that the Utility Owner is not cooperating despite DB Contractor’s diligent efforts.
Failure of Utility Owners to Cooperate. 6.8.5.1. DB Contractor shall use best efforts to obtain the cooperation of each Utility Owner as necessary for the Utility Adjustment. DB Contractor shall notify TxDOT immediately if: (a) DB Contractor is unable (or anticipates that it will be unable), after diligent efforts, to reach agreement with a Utility Owner on a necessary Utility Agreement within a reasonable time, (b) DB Contractor reasonably believes for any other reason that any Utility Owner would not undertake or permit a Utility Adjustment in a manner consistent with the timely completion of the Project, (c) DB Contractor becomes aware that any Utility Owner is not cooperating in a timely manner to provide agreed-upon work or approvals, or (d) any other dispute arises between DB Contractor and a Utility Owner with respect to the Project, despite DB Contractor'’s diligent efforts to obtain such Utility Owner’s cooperation or otherwise resolve such dispute. Such notice may include a request that TxDOT assist in resolving the dispute or in otherwise obtaining the Utility Owner’s timely cooperation. DB Contractor shall provide TxDOT with such information as TxDOT requests regarding the Utility Owner'’s failure to cooperate and the effect of any resulting delay on the Project Schedule. After delivering to TxDOT any notice or request for assistance, DB Contractor shall continue to use diligent efforts to pursue the Utility Owner’s cooperation.
Failure of Utility Owners to Cooperate. 6.7.4.1. DB Contractor shall use best efforts to obtain the cooperation of each Utility Owner as necessary for the Utility Adjustment. DB Contractor shall notify TxDOT immediately if: (a) DB Contractor is unable (or anticipates that it will be unable), after diligent efforts, to reach agreement with a Utility Owner on a necessary Utility Agreement within a reasonable time, (b) DB Contractor reasonably believes for any other reason that any Utility Owner would not undertake or permit a Utility Adjustment in a manner consistent with the timely completion of the Project, (c) DB Contractor becomes aware that any Utility Owner is not cooperating in a timely manner to provide agreed-upon work or approvals, or
Failure of Utility Owners to Cooperate. 5.7.1 Developer shall use diligent efforts to obtain the cooperation of
