Common use of Limiting Acquisition of Certain Additional Properties Clause in Contracts

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.

Limiting Acquisition of Certain Additional Properties. Developer’s recommendation regarding the acquisition of certain Additional Properties shall be subject to the following: (a) 6.3.1 Developer shall use its best efforts to restrict and limit additional costs to the Project associated with acquisitions of TxDOT Additional Propertiesrelated 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, 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.the (b) 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 2122. (c) 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.

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 Draft 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.

Limiting Acquisition of Certain Additional Properties. Developer’s recommendation regarding the acquisition of certain Additional Properties shall be subject to the following: (a) 6.3.1 Developer shall use its best efforts to restrict and limit additional costs to the Project associated with acquisitions of TxDOT Additional Propertiesrelated 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, 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) 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 2122. (c) 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.

Limiting Acquisition of Certain Additional Properties. Developer’s recommendation regarding the acquisition of certain Additional Properties shall be subject to the following: (a) 6.3.1 Developer shall use its best efforts to restrict and limit additional costs to the Project associated with acquisitions of TxDOT Additional Propertiesrelated 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, 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) 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 2122. (c) 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.

Limiting Acquisition of Certain Additional Properties. Developer’s recommendation regarding the acquisition of certain Additional Properties shall be subject to the following: (a) 6.3.1 Developer shall use its best efforts to restrict and limit additional costs to the Project associated with acquisitions of TxDOT Additional Propertiesrelated 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, Developer shall support its recommendation to acquire such TxDOT Additional Properties in lieu of constructing a retaining wall or otherwise modifying the Draft Interim Schematic Design with an analysis demonstrating cost or time savings or other justification. (b) 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 2122. (c) 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.