Initial Section 408 Approval. 6.11.1.1. The following TxDOT-Provided Approval has not been obtained as of the Proposal Due Date: the Initial Section 408 Approval.
6.11.1.2. TxDOT will obtain Initial Section 408 Approval from the USACE based on the preliminary plans and technical reports provided in the Initial Section 408 Submittal, as may be revised by TxDOT from time to time pursuant to USACE review of such submittal. DB Contractor shall be responsible for adhering to the preliminary plans and technical reports set forth in the Initial Section 408 Submittal, along with any revised data resulting from USACE review of the Initial Section 408 Submittal, unless DB Contractor is required to obtain a New Section 408 Approval in accordance with Section 6.11.2, in which case DB Contractor shall adhere to the plans and reports set forth in its submittals to the USACE.
6.11.1.3. If the Initial Section 408 Approval contains conditions or requirements that differ materially from the Initial Section 408 Submittal as revised as of the Proposal Due Date, and such conditions or requirements (a) have a material adverse impact on DB Contractor’s obligations hereunder and (b) do not arise out of modifications to the preliminary design that were initiated by DB Contractor and (c) cause DB Contractor to incur additional costs in excess of $250,000 that are directly attributable to such conditions or requirements, DB Contractor may request a Force Majeure Change Order pursuant to Section 13.8.3.
6.11.1.4. If a TxDOT-Directed Change or Necessary Basic Configuration Change results in modifications to the Initial Section 408 Approval that require work not reasonably indicated in the Initial Section 408 Submittal, as revised as of the Proposal Due Date, TxDOT will be responsible for such additional requirements, subject to the conditions and limitations contained in Section 13.
