Governmental Approvals and Third Party Agreements. 4.5.1 As of the Effective Date, TxDOT has obtained the TxDOT-Provided Approvals identified as items 1-3 in Exhibit 4 based on the Schematic Design. Developer shall obtain all other Governmental Approvals, including any modifications, renewals and extensions of the TxDOT-Provided Approvals, and, except to the extent the Contract Documents expressly provide TxDOT is responsible therefor, all third party approvals and agreements required in connection with the Project, the Project ROW or the Work. Prior to submitting to a Governmental Entity any application for a Governmental Approval (or any proposed modification, renewal, extension or waiver of a Governmental Approval or provision thereof), Developer shall submit the same, together with any supporting environmental studies and analyses, to TxDOT: (a) for approval or (b) for review and comment, as specified in the Technical Provisions.
4.5.2 If Developer pursues Additional Properties, or any other modification of or Deviation from any Governmental Approvals, including TxDOT-Provided Approvals, Developer shall first comply with, and obtain any consent or waiver required pursuant to, then-existing agreements between TxDOT and other Governmental Entities. These agreements include the following, as such agreements may be amended or revised:
(a) Memorandum of Understanding between Office of the Governor, Economic Development and Tourism Division and Texas Department of Transportation, Texas Parks and Wildlife Department, Texas Commission on the Arts, and Texas Historical Commission (April 2004 – current, to promote tourism in Texas);
(b) Memorandum of Agreement between TxDOT and Texas Parks and Wildlife Department for Finalization of 1998 MOU, Concerning Habitat Descriptions and Mitigation (August 2, 2001);
(c) Memorandum of Understanding between the Texas Department of Transportation and the General Land Office (June 15, 2004);
(d) Memorandum of Understanding between the Texas Department of Transportation and the Texas Natural Resource Conservation Commission (applicable to its successor agency the Texas Commission on Environmental Quality) (May 2, 2002);
(e) First Amended Programmatic Agreement among the Federal Highway Administration, the Texas Department of Transportation, the Texas State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding the Implementation of Transportation Undertakings (December 28, 2005 and renewed in September, 2010);
(f) Memorandum of Understanding...
Governmental Approvals and Third Party Agreements. 6.2.1 As of the Effective Date, TxDOT has obtained the TxDOT-Provided Approvals based on the schematic contained in the Reference Information Documents. [If TxDOT has not obtained all the TxDOT-Provided Approvals based on the schematic contained in the Reference Information Documents as of the Effective Date, the first sentence of this paragraph will be replaced with the following: As of the Effective Date, TxDOT has obtained certain of the TxDOT-Provided Approvals based on the schematic contained in the Reference Information Documents. TxDOT retains responsibility for processing all other TxDOT-Provided Approvals based on the schematic contained in the Reference Information Documents that it has not obtained as of the Effective Date.] Developer shall obtain all other Governmental Approvals and, except to the extent the CDA Documents expressly provide TxDOT is responsible therefor, all third party approvals and agreements required in connection with the Facility, the Facility Right of Way or the Work, including any modifications, renewals and extensions of the TxDOT- Provided Approvals, including those required in connection with a Compensation Event. Developer shall deliver to TxDOT true and complete copies of all new or amended Governmental Approvals and third party approvals and agreements.
6.2.2 Prior to submitting to a Governmental Entity any application for a Governmental Approval (or any proposed modification, renewal, extension or waiver of a Governmental Approval or provision thereof), Developer shall submit the same, together with any supporting environmental studies and analyses, to TxDOT (a) for approval or (b) for review and comment, as specified in the Technical Provisions.
6.2.3 In the event Developer’s design differs from the schematic contained in the Reference Information Documents upon which the TxDOT-Provided Approvals were based, including differences due to any alternative technical concepts approved by TxDOT and described in Exhibit 2, as between TxDOT and Developer, Developer shall be fully responsible for all necessary actions, and shall bear all risk of delay and all risk of increased cost, resulting from or arising out of any associated change in the Facility location and design, including (a) conducting all necessary environmental studies and preparing all necessary environmental documents in compliance with applicable Environmental Laws, (b) obtaining and complying with all necessary new Governmental Approvals (including any mo...
Governmental Approvals and Third Party Agreements. 3.7.1 As of the Effective Date, TxDOT has obtained certain of the TxDOT-Provided Approvals based on the Schematic Design. TxDOT retains responsibility for processing all other TxDOT-Provided Approvals (based on the Schematic Design) that it has not already obtained as of the Effective Date. DB Contractor shall obtain all other Governmental Approvals, including any modifications, renewals and extensions of the TxDOT-Provided Approvals, and, except to the extent the Contract Documents expressly provide TxDOT is responsible therefor, all third party approvals and agreements required in connection with the Project, the Project Right of Way or the Work. Prior to submitting to a Governmental Entity any application for a Governmental Approval (or any proposed modification, renewal, extension or waiver of a Governmental Approval or provision thereof), DB Contractor shall submit the same, together with any supporting environmental studies and analyses, to TxDOT: (a) for approval or (b) for review and comment, as specified in the Technical Provisions.
3.7.2 If DB Contractor wishes to obtain Additional Properties, or desires any other modification of or Deviation from any Governmental Approvals, including TxDOT-Provided Approvals, DB Contractor shall first comply with, and obtain any consent or waiver required pursuant to, then-existing agreements between TxDOT and other Governmental Entities. These agreements include the following:
(a) Memorandum of Understanding between Office of the Governor, Economic Development and Tourism Division and Texas Department of Transportation, Texas Parks and Wildlife Department, Texas Commission on the Arts, and Texas Historical Commission (April 2004 – current, to promote tourism in Texas);
Governmental Approvals and Third Party Agreements. 6.2.1 TxDOT has obtained the TxDOT-Provided Approvals based on the schematic contained in the Reference Information Documents. Developer shall obtain all other Governmental Approvals required in connection with the Facility, the Facility Right of Way or the Work, including any modifications, renewals and extensions of the TxDOT-Provided Approvals, including those required in connection with a Compensation Event. Developer shall deliver to TxDOT true and complete copies of all new or amended Governmental Approvals.
6.2.2 Prior to submitting to a Governmental Entity any application for a Governmental Approval (or any proposed modification, renewal, extension or waiver of a
6.2.3 In the event Developer’s design differs from the schematic contained in the Reference Information Documents upon which the TxDOT-Provided Approvals were based, including differences due to any alternative technical concepts approved by TxDOT and described in Exhibit 2, as between TxDOT and Developer, Developer shall be fully responsible for all necessary actions, and shall bear all risk of delay and all risk of increased cost, resulting from or arising out of any associated change in the Facility location and design, including (a) conducting all necessary environmental studies and preparing all necessary environmental documents in compliance with applicable Environmental Laws, (b) obtaining and complying with all necessary new Governmental Approvals (including any modifications, renewals and extensions of the TxDOT-Provided Approvals, and other existing Governmental Approvals), and
Governmental Approvals and Third Party Agreements.
3.7.1 Design-Build Contractor shall obtain all Governmental Approvals other than IFA-Provided Approvals required in connection with the Project, the Project ROW or the Work, including any New Approvals for which Design-Build Contractor is responsible pursuant to Section 6.11.
Governmental Approvals and Third Party Agreements. (a) The Concessionaire shall obtain and maintain in full force and effect (except as provided by Section 8.07(b)) and comply with all Governmental Approvals and third party approvals and agreements, necessary for the development, design, construction, management, operation and maintenance of the Project and any Project Enhancements throughout the Term, including those required in connection with a Compensation Event; provided that any Governmental Approvals necessitated by a Department Project Enhancement or Department Change shall be governed by the provisions of Section 12.02 or 14.03
Governmental Approvals and Third Party Agreements. 37 Section 8.08 Acquisition of Project Right of Way and Utility Relocations. 38 Section 8.09 Public Information. 39 Section 8.10 Concessionaire Requests for Deviations from Technical Requirements.39 Section 8.11 Substantial Completion and Final Acceptance. 40 Section 8.12 Contractor Warranties; Defective Design and Construction. 43 Section 8.13 Performance Security. 44 Section 8.14 Project Recovery Schedule. 48
Governmental Approvals and Third Party Agreements. 6.2.1 GDOT has responsibility for obtaining all Governmental Approvals for the Project specifically listed in Section 4.2 of the Technical Provisions (including any such approvals as may be required from GDOT independent of GDOT’s Project administration pursuant to Section 1.4 of the Agreement) (“Provided Approvals”) based on the design schematic contained in the NEPA Approval. DB Team shall obtain all other Governmental Approvals and, except to the extent the DB Documents expressly provide GDOT is responsible therefor, all third party approvals and agreements required in connection with the Project or the Work, including any modifications, renewals and extensions of the Provided Approvals, including those required in connection with a Compensation Event. DB Team shall deliver to GDOT true and complete copies of all new or amended Governmental Approvals and third party approvals and agreements. In no event shall GDOT be responsible or liable for any delays in obtaining Provided Approvals to the extent such delays are caused by differences between the schematic contained in the NEPA Approvals and DB Team’s Final Plans, unless such differences are due to a GDOT Change, as described in Article 14.
Governmental Approvals and Third Party Agreements. 6.2.1 GDOT has responsibility for obtaining all Governmental Approvals for the Project specifically listed in Section 4.2 of the Technical Provisions (“Provided Approvals”) based on the design schematic contained in the approved Environmental Documents. DB Team shall obtain all other Governmental Approvals and, except to the extent the DB Documents expressly provide GDOT is responsible therefor, all third party approvals and agreements required in connection with the Project or the Work, including any modifications, renewals and extensions of the Provided Approvals, including those required in connection with a Compensation Event. DB Team shall deliver to GDOT true and complete copies of all new or amended Governmental Approvals and third party approvals and agreements. In no event shall GDOT be responsible or liable for any delays in obtaining Provided Approvals to the extent such delays are caused by differences between the schematic contained in the approved Environmental Documents and DB Team’s Final Plans, unless such differences are due to a GDOT Change, as described in Article 14.
Governmental Approvals and Third Party Agreements
