Limiting Acquisition of Certain Additional Properties Sample Clauses

Limiting Acquisition of Certain Additional Properties. Developer’s recommendation regarding the acquisition of certain Additional Properties shall be subject to the following: (a) Developer shall use its best efforts to restrict and limit additional costs to the Project associated with acquisitions of TxDOT Additional Properties. To the extent reasonably possible, consideration shall be given to using retaining walls or making other engineering adjustments as an alternative to such acquisition. If it would be possible to use a retaining wall or other engineering adjustment to accommodate a TxDOT-Directed Change as an alternative to such acquisition, Developer shall support its recommendation to acquire such TxDOT Additional Properties in lieu of constructing a retaining wall or otherwise modifying the Schematic Design with an analysis demonstrating cost or time savings or other justification. (b) Developer shall support any requests for Change Orders for acquisitions related to Developer-Designated ROW with such information as may be reasonably required by TxDOT. Any cost savings resulting from such acquisition (including by avoiding use of retaining walls or other engineering modifications) shall be subject to the Value Engineering provisions set forth in Section 21. (c) In all cases, Developer shall exercise particular care to avoid acquisition of land owned by a public entity and used for a use inconsistent with highway use.
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Limiting Acquisition of Certain Additional Properties. DB Contractor’s recommendation regarding the acquisition of certain Additional Properties shall be subject to the following: 6.3.1 DB Contractor shall use its best efforts to restrict and limit additional costs to the Project associated with acquisitions related to TxDOT-Directed Changes and Necessary Basic Configuration Changes. To the extent reasonably possible, consideration shall be given to using retaining walls or making other engineering adjustments as an alternative to such acquisition. If it would be possible to use a retaining wall or other engineering adjustment to accommodate a TxDOT-Directed Change as an alternative to such acquisition, DB Contractor shall support its recommendation to acquire such Additional Properties in lieu of constructing a retaining wall or otherwise modifying the Base Scope Schematic with an analysis demonstrating cost or time savings or other justification. 6.3.2 DB Contractor shall support any requests for Change Orders for acquisitions related to DB Contractor-Designated ROW with such information as may be reasonably required by TxDOT. Any cost savings resulting from such acquisition (including by avoiding use of retaining walls or other engineering modifications) shall be subject to the Value Engineering provisions set forth in Section 22. 6.3.3 In all cases, DB Contractor shall exercise particular care to avoid acquisition of land owned by a public entity and used for a use inconsistent with highway use.
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Limiting Acquisition of Certain Additional Properties. DB Contractor’s recommendation regarding the acquisition of certain Additional Properties shall be subject to the following: 6.3.1 DB Contractor shall use its best efforts to restrict and limit additional costs 6.3.2 DB Contractor shall support any requests for Change Orders for 6.3.3 In all cases, DB Contractor shall exercise particular care to avoid
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Limiting Acquisition of Certain Additional Properties. DB Contractor’s recommendation regarding the acquisition of certain Additional Properties shall be subject to the following: 6.3.1 DB Contractor shall use its best efforts to restrict and limit additional costs to the Project associated with acquisitions related to TxDOT-Directed Changes. To the extent reasonably possible, consideration shall be given to using retaining walls or making other engineering adjustments as an alternative to such acquisition. If it would be possible to use a retaining wall or other engineering adjustment to accommodate a TxDOT-Directed Change as an alternative to such acquisition, DB Contractor shall support 6.3.2 DB Contractor shall support any requests for Change Orders for acquisitions related to DB Contractor-Designated ROW with such information as may be reasonably required by TxDOT. Any cost savings resulting from such acquisition (including by avoiding use of retaining walls or other engineering modifications) shall be subject to the Value Engineering provisions set forth in Section 22. 6.3.3 In all cases, DB Contractor shall exercise particular care to avoid acquisition of land owned by a public entity and used for a use inconsistent with highway use.
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Limiting Acquisition of Certain Additional Properties. Developer’s recommendation regarding the acquisition of certain Additional Properties shall be subject to the following: 6.3.1 Developer shall use its best efforts to restrict and limit additional costs to the Project associated with acquisitions related to TxDOT-Directed Changes and Necessary Basic Configuration Changes. To the extent reasonably possible, consideration shall be given to using retaining walls or making other engineering 6.3.2 Developer shall support any requests for Change Orders for acquisitions related to Developer-Designated ROW with such information as may be reasonably required by TxDOT. Any cost savings resulting from such acquisition (including by avoiding use of retaining walls or other engineering modifications) shall be subject to the Value Engineering provisions set forth in Section 22. 6.3.3 In all cases, Developer shall exercise particular care to avoid acquisition of land owned by a public entity and used for a use inconsistent with highway use.
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Limiting Acquisition of Certain Additional Properties. 6.3.1 DB Contractor’s recommendation regarding the acquisition of certain Additional Properties shall be subject to the following: 6.3.1.1 DB Contractor shall use its best efforts to restrict and limit additional costs to the Project associated with acquisitions related to TxDOT-Directed Changes, Force Majeure Events and Necessary Basic Configuration Changes. To the extent reasonably possible, consideration shall be 6.3.1.2 DB Contractor shall support any requests for Change Orders for acquisitions related to DB Contractor-Designated ROW with such information as may be reasonably required by TxDOT. 6.3.1.3 In all cases, DB Contractor shall exercise particular care to avoid acquisition of land owned by a public entity and used for a use inconsistent with highway use.
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Limiting Acquisition of Certain Additional Properties. Developer’s recommendation regarding the acquisition of certain Additional Properties shall be subject to the following: 6.3.1 Developer shall use its best efforts to restrict and limit additional costs to 6.3.2 Developer shall support any requests for Change Orders for acquisitions 6.3.3 In all cases, Developer shall exercise particular care to avoid acquisition of
Sample 1
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Related to Limiting Acquisition of Certain Additional Properties

  • Assumption of Certain Liabilities On the terms and subject to the conditions set forth herein, in the Sale Order, and in the Canadian Sale Recognition Order, effective as of the Closing, in addition to the payment of the Cash Payment in accordance with Section 2.1, Purchaser or a Designated Purchaser shall irrevocably assume from each Seller (and from and after the Closing pay, perform, discharge, or otherwise satisfy in accordance with their respective terms), and Sellers shall irrevocably transfer, assign, convey, and deliver to Purchaser or a Designated Purchaser, only the following Liabilities, without duplication and only to the extent not paid prior to the Closing (collectively, the “Assumed Liabilities”): (a) all Liabilities and obligations of any Seller under the Assigned Contracts that become due from and after the Closing; (b) all cure costs required to be paid pursuant to section 365 of the Bankruptcy Code in connection with the assumption and assignment of the Assigned Contracts (the “Cure Costs”); (c) all Liabilities (including, for the avoidance of doubt, Taxes other than income Taxes of Sellers) relating to amounts required to be paid, or actions required to be taken or not to be taken, by Purchaser under this Agreement and all Transfer Taxes; (d) all Liabilities agreed to be assumed by Purchaser or for which Purchaser has agreed to be responsible in accordance with this Agreement; and (e) all Liabilities arising out of or relating to any environmental, health or safety matter, including those arising under or relating to Environmental Laws or Hazardous Materials, in connection with ownership, operation, use or maintenance of the Acquired Assets, whenever arising or occurring (the “Environmental Liabilities”) other than those Environmental Liabilities (i) that are dischargeable, or capable of being sold free and clear, pursuant to Section 363 of the Bankruptcy Code, the CCAA, the Sale Order or the Canadian Sale Recognition Order, (ii) that are otherwise dischargeable pursuant to Section 1141 of the Bankruptcy Code, the CCAA, the Sale Order or the Canadian Sale Recognition Order, or (iii) from which the Acquired Assets are otherwise released as of the Closing pursuant to an Order of the Bankruptcy Court or Canadian Court, including the Sale Order and Canadian Sale Recognition Order, respectively.

  • Notification of Certain Matters The Company shall give prompt notice to Parent, and Parent shall give prompt notice to the Company, of (i) the occurrence or non-occurrence of any event, the occurrence or non-occurrence of which is likely to cause any representation or warranty of the Company and Parent, respectively, contained in this Agreement to be untrue or inaccurate at or prior to the Effective Time and (ii) any failure of the Company or Parent, as the case may be, to comply with or satisfy any covenant, condition or agreement to be complied with or satisfied by it hereunder; provided, however, that the delivery of any notice pursuant to this Section 5.9 shall not limit or otherwise affect any remedies available to the party receiving such notice.

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