Common use of Incorporation of ATCs Clause in Contracts

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 CDA 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 CDA 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.