Issuance of Directive Letter. 4.5.2.1 TxDOT may at any time issue a Directive Letter to DB Contractor (a) in the event of any desired change in the Maintenance Services, or (b) in the event of any Claim or Dispute regarding the scope of the Maintenance Services or whether DB Contractor has performed in accordance with the requirements of the CMC Documents. The first Directive Letter shall be labeled “Directive Letter No. 1” and subsequent letters shall be numbered sequentially. The Directive Letter will describe the Maintenance Services in question and may state the basis for determining compensation, if any. If the Directive Letter does not state the basis for determining compensation, compensation will be determined pursuant to Section 4.5.10. DB Contractor shall proceed immediately as directed in the Directive Letter. If the Directive Letter states that the Maintenance Services are within DB Contractor’s original scope of Maintenance Services, DB Contractor shall proceed with the Maintenance Services as directed but shall have the right pursuant to Section 4.5.5.2 to submit a PCO Notice requesting that TxDOT issue a Change Order except as set forth in the next sentence. If the Directive Letter states that the Maintenance Services are within DB Contractor’s original scope of Maintenance Services and the directed Maintenance Services involve less than $10,000 in additional Direct Costs incurred by DB Contractor, DB Contractor shall not be entitled to a Change Order or an increase in the Maintenance Price.
4.5.2.2 Receipt of a Directive Letter or other written direction from TxDOT is a condition precedent to a Claim that a TxDOT-Directed Change has occurred; however the fact that a Directive Letter was issued by TxDOT shall not be considered evidence that a TxDOT-Directed Change occurred. The determination whether a TxDOT-Directed Change occurred or whether DB Contractor is otherwise entitled to a Change Order shall be based on an analysis of the requirements under the CMC Documents and a determination whether the Directive Letter in fact constituted a change in those requirements.
4.5.2.3 DB Contractor shall not be entitled to additional compensation for any changed Maintenance Services not included in the Maintenance Price that is performed by DB Contractor as a TxDOT- Directed Change prior to receipt of a Directive Letter or Change Order.
Issuance of Directive Letter. TxDOT may at any time issue a Directive Letter to Maintenance Contractor in the event of any desired change in the Maintenance Services, or in the event of any Claim or Dispute regarding the scope of the Maintenance Services. The Directive Letter will state that it is issued under this Section 10.1.1.2, will describe the Maintenance Services in question and will state the basis for determining compensation, if any. Maintenance Contractor shall proceed immediately as directed in the Directive Letter, pending the execution of a formal Change Order (or, if the Directive Letter states that the Maintenance Services are within Maintenance Contractor’s original scope of Maintenance Services, Maintenance Contractor shall proceed with the Maintenance Services as directed but shall have the right pursuant to Section 10.3 to request that TxDOT issue a Change Order with respect thereto).
Issuance of Directive Letter. TxDOT may at any time issue a Directive Letter to DB Contractor in the event of any desired change in the Maintenance Services, or in the event of any Claim or Dispute regarding the scope of the Maintenance Services. The Directive Letter will state that it is issued under this Section 10.1.1.2, will describe the Maintenance Services in question and will state the basis for determining compensation, if any. DB Contractor shall proceed immediately as directed in the Directive Letter, pending the execution of a formal Change Order (or, if the Directive Letter states that the Maintenance Services are within DB Contractor’s original scope of Maintenance Services, DB Contractor shall proceed with the Maintenance Services as directed but shall have the right pursuant to Section 10.3 to request that TxDOT issue a Change Order with respect thereto).
Issuance of Directive Letter. TxDOT may at any time issue a Directive Letter to Maintenance Contractor in the event of any desired change in the Maintenance Services, including, but not limited to, the repair of damage to the Project caused by collision (motor vehicle, aircraft or railroad train), vandalism, or other destructive acts of third parties, or in the event of any Claim or Dispute regarding the scope of the Maintenance Services. The Directive Letter will state that it is issued under this Section 10.1.1.2, will describe the Maintenance Services in question and will state the basis for determining compensation, if any. Maintenance Contractor shall proceed immediately as directed in the Directive Letter, pending the execution of a formal Change Order (or, if the Directive Letter states that the Maintenance Services are within Maintenance Contractor’s original scope of Maintenance Services, Maintenance Contractor shall proceed with the Maintenance Services as directed but shall have the right pursuant to Section 10.3 to request that TxDOT issue a Change Order with respect thereto).
Issuance of Directive Letter. TxDOT may at any time issue a Directive Letter to DB Contractor regarding any matter for which a Change Order can be issued or in the event of any Claim or Dispute regarding the scope of the Work or whether DB Contractor has performed in accordance with the requirements of the DBA Documents. The Directive Letter will state that it is issued under this Section 13.1.1.2, will describe the Work in question and will state the basis for determining compensation, if any. Subject to Section 13.2.1.5, DB Contractor shall proceed immediately as directed in the Directive Letter, pending the execution of a formal Change Order (or, if the Directive Letter states that the Work is within DB Contractor’s original scope of Work, DB Contractor shall proceed with the Work as directed but shall have the right pursuant to Section 13.3 to request that TxDOT issue a Change Order with respect thereto).
Issuance of Directive Letter. TxDOT may at any time issue a Directive Letter to Developer regarding any matter for which a Change Order can be issued or in the event of any Claim or Dispute
Issuance of Directive Letter. The District may, at any time, issue a Directive Letter to the DB Contractor in the event of any Dispute regarding the Work or for any desired change in the Work. The Directive Letter will state that it is issued under this Section 15, will describe the Work in question, and will state the basis for determining compensation, if any. The DB Contractor shall proceed immediately with the Work as directed in the letter, pending the execution of a formal Change Order or, if the letter states that the Work is within the original scope of the Work, the DB Contractor shall proceed with the Work as directed but shall have the right pursuant to Section 15 to request that the District issue a Change Order with respect thereto. Receipt of a Directive Letter from the District is a condition precedent to the DB Contractor’s right to claim that a District-Directed Change has occurred, provided that no Directive Letter shall be required for alleged District-Directed Changes directly attributable to delays caused by bad faith actions, active interference, gross negligence or comparable tortious conduct by the District. The fact that a Directive Letter was issued by the District shall not be considered evidence that in fact a District-Directed Change occurred. The determination as to whether a District-Directed Change in fact occurred shall be based on an analysis of the original Contract Document requirements and a determination whether the Directive Letter in fact constituted a change in those requirements. The foregoing requirements shall not imply that a Directive Letter would be required in order for the DB Contractor to have the right to receive compensation for Work within its original scope for which additional compensation is specifically allowed under this Section 15.
Issuance of Directive Letter. TxDOT may at any time issue a letter (each, a “Directive Letter”) to Integrator in the event of any desired change in the Work or in the event of any dispute regarding the scope of the Work. The Directive Letter will state that it is issued under this Section 13.1.1.2, will describe the Work in question and will state the basis for determining compensation, if any. Integrator shall proceed immediately as directed in the Directive Letter, pending the execution of a formal Change Order (or, if the letter states that the Work is within Integrator’s original scope of Work, Integrator shall proceed with the Work as directed but shall have the right pursuant to Section 13.3 to request that TxDOT issue a Change Order with respect thereto).
Issuance of Directive Letter. The Alamo RMA may, at any time, issue a letter to Design/Builder in the event of any desired change in the Development Work or in the event of any dispute regarding the scope of the Development Work to be performed by Design/Builder (a “Directive Letter”). The Directive Letter will describe the Development Work in question and will state the basis for determining compensation, if any. Design/Builder will proceed immediately with the Development Work as directed in the Directive Letter, pending the execution of a formal Change Order or, if the Directive Letter states that the Development Work is within the original scope of the Development Work, Design/Builder will proceed with the Development Work as directed, but shall have the right to submit the question of entitlement to a Change Order and the amount of allowable additional compensation and time to dispute resolution in accordance with Section 25 of this Agreement.
Issuance of Directive Letter. TxDOT may at any time issue a Directive Letter to Developer regarding any matter for which a Change Order can be issued or in the event of any Claim or Dispute regarding the scope of the Work or whether Developer has performed in accordance with the requirements of the CDA Documents. The Directive Letter will state that it is issued under this Section 13.1.1.2, will describe the Work in question and will state the basis for determining compensation, if any. Subject to Section 13.2.1.5, Developer shall proceed immediately as directed in the Directive Letter, pending the execution of a formal Change Order (or, if the Directive Letter states that the Work is within Developer’s original scope of Work, Developer shall proceed with the Work as directed but shall have the right pursuant to Section 13.3 to request that TxDOT issue a Change Order with respect thereto).
