Common use of Failure of Utility Owners to Cooperate Clause in Contracts

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 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 Facility, (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 Facility, 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 Facility 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.

Failure of Utility Owners to Cooperate. 7.5.7.1 6.8.4.1 Developer shall use diligent best efforts to obtain the cooperation of each Utility Owner as necessary for the Utility AdjustmentsAdjustment. Developer shall notify TxDOT immediately if 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 FacilityProject, (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 FacilityProject, 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 Facility 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.

Failure of Utility Owners to Cooperate. 7.5.7.1 (a) Developer shall use diligent best efforts to obtain the cooperation of each Utility Owner as necessary for the Utility AdjustmentsAdjustment. Developer shall notify TxDOT immediately if if: (ai) 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, (bii) 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 FacilityProject, (ciii) Developer becomes aware that any Utility Owner is not cooperating in a timely manner to provide agreed-upon work or approvals, or (div) any other dispute arises between Developer and a Utility Owner with respect to the FacilityProject, despite Xxxxxxxxx's ’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 ’s failure to cooperate and the effect of any resulting delay on the Facility 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.

Failure of Utility Owners to Cooperate. 7.5.7.1 ‌ 5.5.7.1 Developer shall use diligent efforts to obtain the cooperation of each Utility Owner as necessary for Utility AdjustmentsAdjustments to be performed pursuant to a Developer Utility Agreement. Developer shall notify TxDOT 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 FacilityProject 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 FacilityProject, despite XxxxxxxxxDeveloper's diligent efforts to obtain such Utility Owner’s cooperation or otherwise resolve such dispute. Such notice Notice may include a request that TxDOT IFA assist in resolving the dispute or in otherwise obtaining the Utility Owner’s timely cooperation. Developer shall provide TxDOT IFA with such information as TxDOT IFA requests regarding the Utility Owner's failure to cooperate and the effect of any resulting delay on the Facility Project Schedule. After delivering to TxDOT IFA any notice 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. 7.5.7.1 (a) Developer shall use diligent best efforts to obtain the cooperation of each Utility Owner as necessary for the Utility AdjustmentsAdjustment. Developer shall notify TxDOT immediately if if: (ai) 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, (bii) 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 FacilityProject, (ciii) Developer becomes aware that any Utility Owner is not cooperating in a timely manner to provide agreed-upon work or approvals, or (div) any other dispute arises between Developer and a Utility Owner with respect to the FacilityProject, despite Xxxxxxxxx's Developer’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 ’s failure to cooperate and the effect of any resulting delay on the Facility 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.

Failure of Utility Owners to Cooperate. 7.5.7.1 ‌ 5.5.7.1 Developer shall use diligent efforts to obtain the cooperation of each Utility Owner as necessary for Utility AdjustmentsAdjustments to be performed pursuant to a Developer Utility Agreement. Developer shall notify TxDOT 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 FacilityProject 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 FacilityProject, despite Xxxxxxxxx's diligent efforts to obtain such Utility Owner’s cooperation or otherwise resolve such dispute. Such notice Notice may include a request that TxDOT IFA assist in resolving the dispute or in otherwise obtaining the Utility Owner’s timely cooperation. Developer shall provide TxDOT IFA with such information as TxDOT IFA requests regarding the Utility Owner's failure to cooperate and the effect of any resulting delay on the Facility Project Schedule. After delivering to TxDOT IFA any notice 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. 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 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 Facility, (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 Facility, despite XxxxxxxxxDeveloper'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 Facility 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.

Failure of Utility Owners to Cooperate. 7.5.7.1 6.8.4.1 Developer shall use diligent best efforts to obtain the cooperation of each Utility Owner as necessary for the Utility AdjustmentsAdjustment. Developer shall notify TxDOT immediately if 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 FacilityProject, (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 FacilityProject, despite XxxxxxxxxDeveloper'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 Facility 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.

Failure of Utility Owners to Cooperate. 7.5.7.1 6.8.4.1 Developer shall use diligent best efforts to obtain the cooperation of each Utility Owner as necessary for the Utility AdjustmentsAdjustment. Developer shall notify TxDOT immediately if 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 FacilityProject, (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 FacilityProject, 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 reque sts regarding the Utility Owner's failure to cooperate and the effect of any resulting delay on the Facility 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.

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 any Utility AdjustmentsAdjustment required to be made by Developer under this Section 7.5. 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 Facility, (c) Developer becomes aware that any Utility Owner is not cooperating in a timely manner to provide agreed-agreed- upon work or approvals, or (d) any other dispute arises between Developer and a Utility Owner with respect to the Facility, 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 applicable Facility 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.