Incorporation of ATCs. 1.8.1 If the Contract Documents incorporate any ATCs and either:
(a) Developer does not comply with one or more TxDOT conditions of pre-approval for the ATC or (b) Developer does not obtain the required third-party approval for the ATC, then Developer shall comply with the requirements in the Contract Documents that would have applied in the absence of such ATC, including acquiring Developer-Designated ROW necessary to comply with the Contract Documents, and such compliance shall be without any increase in the Price, extension of the Completion Deadlines or any other Change Order.
1.8.2 ATCs contained in proposals submitted by unsuccessful proposers may, in TxDOT’s discretion, be presented to Developer as a Request for Change Proposal in accordance with Section 12.2.1 of this Agreement.
Incorporation of ATCs. 1.10.1 If the DBA Documents incorporate any approved ATCs and either:
(a) DB Contractor does not comply with one or more TxDOT conditions of pre-approval for the ATC or (b) DB Contractor does not obtain a third party approval required for the ATC, then DB Contractor shall comply with the DBA Document requirements that would have been applicable but for the ATC, including acquiring DB Contractor-Designated ROW necessary to comply with the DBA Documents, without any increase in the Price, extension of the Completion Deadlines or any other Change Order.
1.10.2 ATCs contained in proposals submitted by unsuccessful proposers and, except for those ATCs identified in Exhibit 2, Appendix 2, DB Contractor ATCs that were approved by TxDOT for inclusion in the Proposal that were not incorporated into the Proposal may, in TxDOT’s sole discretion, be presented to the DB Contractor as a Request for Change Proposal in accordance with Section 13.2.1 of this DBA.
Incorporation of ATCs. 1.10.1 If the Contract Documents incorporate any approved ATCs and either:
(a) Developer does not comply with one or more TxDOT conditions of pre-approval for the ATC or (b) Developer does not obtain a third party approval required for the ATC, then Developer shall comply with the Contract Document requirements that would have been applicable but for the ATC, without any increase in the Price, extension of the Completion Deadlines or any other Change Order.
1.10.2 ATCs contained in proposals submitted by unsuccessful proposers may, in TxDOT’s sole discretion, be presented to the Developer as a Request for Change Proposal in accordance with Section 13.2.1 of this Agreement.
Incorporation of ATCs. 1.10.1 If the Contract Documents incorporate any approved ATCs and either:
(a) Developer does not comply with one or more TxDOT conditions of pre-approval for the ATC or (b) Developer does not obtain a third party approval required for the ATC, then Developer shall comply with the Contract Document requirements that would have been applicable but for the ATC, including acquiring Developer Designated ROW necessary to comply with the Contract Documents, without any increase in the Price, extension of the Completion Deadlines or any other Change Order.
1.10.2 ATCs contained in proposals submitted by unsuccessful proposers may, in TxDOT’s sole discretion, be presented to the Developer as a Request for Change Proposal in accordance with Section 13.2.1 of this Agreement.
Incorporation of ATCs. 2 1.9.1 If the Contract Documents incorporate any ATCs and either
(a) Developer does not comply with one or more ADOT conditions of pre-approval for 4 the ATC, or (b) Developer does not obtain the required third-party approval for the ATC, 5 then Developer shall comply with the requirements in the Contract Documents that 6 would have applied in the absence of such ATC, including acquiring Developer-
Incorporation of ATCs. 1.6.1 If the DBA Documents incorporate any approved ATCs and either: (a) DB Contractor does not comply with one or more TxDOT conditions of pre-approval for the ATC or
Incorporation of ATCs.
1.10.1 In the event that ATCs incorporated into the PPA Documents require additional Environmental Approvals, other Governmental Approvals, analysis, or assessment prior to implementation, Design-Build Contractor shall (a) be solely responsible for the cost and schedule impact of any related review, analysis, assessment, approvals, permits and findings; (b) be solely responsible for the risk that any approvals, permits or findings are not granted, issued, approved or obtained or timely granted, issued, approved or obtained; and (c) not be entitled to any increase in the Contract Price or extension of the Completion Deadlines as a result of any delay or cost associated with the environmental review, analysis, approvals, permits or findings related to such ATC, including the inability to obtain such approvals, permits or findings.
1.10.2 If the PPA Documents incorporate any approved ATCs and: (a) Design- Build Contractor does not comply or is unable to comply with one or more of IFA conditions of pre-approval for the ATC (including the obligation to obtain any required additional Environmental Approvals, other Governmental Approvals, analysis or assessment), (b) Design-Build Contractor is unable to obtain a third party approval required for the ATC, or (c) the ATC otherwise proves to be infeasible, then Design-Build Contractor shall comply with the PPA Document requirements that would have been applicable but for the ATC, without any increase in the Contract Price, extension of the Completion Deadlines or any other Change Order. In such case and depending upon the circumstances (including if Design-Build Contractor fails to use all reasonable efforts to implement the ATC or obtain any required Environmental Approvals or other Governmental Approvals), IFA may also be entitled to (i) a reduction in the Contract Price in an amount equal to the estimated value of the ATC on the Price Proposal, as reasonably determined by IFA, but which in no event shall be less than cost (plus mark- up and profit) of the ATC as reflected in the Price Proposal, and (ii) a reduction in the time allowed to achieve Substantial Completion in an amount equal to the estimated schedule savings as a result of the ATC not being implemented, as reasonably determined by IFA.
1.10.3 ATCs contained in proposals submitted by unsuccessful proposers may, in IFA’s sole discretion, be presented to Design-Build Contractor as a Change Notice in accordance with Section 13.2.1 of this PPA.
Incorporation of ATCs. 1.10.1 If the Contract Documents incorporate any approved ATCs and either (a) DB Contractor does not comply with one or more TxDOT conditions applicable to the ATC or (b) DB Contractor does not obtain a third-party approval required for the ATC, then DB Contractor shall comply with the Contract Document
1.10.2 ATCs contained in proposals submitted by unsuccessful proposers and, except for those ATCs included in Appendix 2 to Exhibit 2, DB Contractor ATCs that were approved by TxDOT for inclusion in the Proposal that were not incorporated into the Proposal may be presented to DB Contractor as a Request for Change Proposal in accordance with Section 13.2.1 of this Agreement.
Incorporation of ATCs. 1.10.1 If the Contract Documents incorporate any approved ATCs and either: (a) DB Contractor does not comply with one or more TxDOT conditions of pre-approval for the ATC or (b) DB Contractor does not obtain a third party approval required for the ATC, then DB Contractor shall comply with the Contract Document requirements that would
1.10.2 ATCs contained in proposals submitted by unsuccessful proposers may, in TxDOT’s sole discretion, be presented to the DB Contractor as a Request for Change Proposal in accordance with Section 13.2.1 of this Agreement.
Incorporation of ATCs. 1.9.1 DBT’s use of approved and accepted ATCs shall be at the sole risk of DBT. If the Contract Documents incorporate any ATCs and either (a) DBT does not
