Common use of Incorporation of ATCs Clause in Contracts

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. 1.8.1 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-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. 1.8.1 1.10.1 If the Contract Documents incorporate any approved ATCs and either: (a) Developer DB Contractor does not comply with one or more TxDOT conditions of pre-approval for the ATC or (b) Developer DB Contractor does not obtain the required third-a third party approval required for the ATC, then Developer DB Contractor shall comply with the Contract Document requirements in the Contract Documents that would have applied in been applicable but for the absence of such ATC, including acquiring DeveloperDB Contractor-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 1.10.2 ATCs contained in proposals submitted by unsuccessful proposers may, in TxDOT’s sole discretion, be presented to Developer the DB Contractor as a Request for Change Proposal in accordance with Section 12.2.1 13.2.1 of this Agreement.

Incorporation of ATCs. 1.8.1 1.11.1 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-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 1.11.2 ATCs contained in proposals submitted by unsuccessful proposers may, in TxDOT’s discretion, be presented to the Developer as a Request for Change Proposal in accordance with Section 12.2.1 of this Agreement.

Incorporation of ATCs. 1.8.1 1.11.1 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-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 1.11.2 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.