Common use of Negotiations and Condemnation Proceedings Relative to the Acquisition of Project ROW Clause in Contracts

Negotiations and Condemnation Proceedings Relative to the Acquisition of Project ROW. (a) Negotiations for any Project ROW shall be undertaken as set forth in the Contract Documents, including Section 7 of the Technical Provisions. Developer shall obtain TxDOT’s approval of any offer to be extended to an owner of any interest in Project ROW prior to making such offer, in accordance with Section 7 of the Technical Provisions. Developer shall notify TxDOT in writing, for its concurrence, of the failure of negotiations with respect to the acquisition of any parcel included in the Project ROW and shall submit to TxDOT for approval a Condemnation Package for the parcel as described in Section 7.3.6 of the Technical Provisions. TxDOT shall have 10 Business Days either to: (i) approve the Condemnation Package or (ii) provide its comments or request for additional information to Developer if TxDOT determines that the Condemnation Package is incomplete or otherwise deficient. Developer shall incorporate any suggested changes and provide any additional information requested by TxDOT and shall resubmit the Condemnation Package to TxDOT for review and approval. TxDOT shall have 10 Business Days to approve or provide comments to Developer on any resubmittals. (b) Condemnation proceedings for any Project ROW will be brought by TxDOT within a reasonable time following approval by TxDOT of a complete Condemnation Package for the parcel as described in Section 7.4.4 of the Technical Provisions. TxDOT will deliver the petition for the parcel to Developer within 105 days from the date of approval of the Condemnation Package. TxDOT will provide the payment for the parcel within 45 days from the date the special commissioners’ award is filed with the court. At no additional cost to TxDOT, Developer shall cooperate in all respects with TxDOT and shall cause all expert witnesses, appraisers, surveyors, land planners and other consultants utilized by Developer in connection with the acquisition of the Project ROW subject to condemnation to be available to and assist TxDOT in connection with the condemnation proceedings, including discovery, depositions, pre-hearing preparation and special commissioner’s hearing. Counsel engaged for final settlement or condemnation proceedings shall be from the State Attorney General representing TxDOT. (c) Except as provided in Section 3.12.4(f), delays to the Critical Path due to failure of TxDOT to make available the portion of Schematic ROW, or any TxDOT Additional Properties that must be acquired due to a TxDOT-Directed Change or a Necessary Basic Configuration Change, described in a condemnation packet within 345 days after approval of the Condemnation Package, excluding any delay caused in whole or in part by an act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval by any Developer-Related Entity in performing the services required under the Contract Documents, shall be considered a TxDOT- Caused Delay; provided however that the risk of delay following the expiration of such 345- day period, on an individual parcel basis, shall be borne equally by each Party for the first 100 days thereafter (i.e., for each parcel, Developer shall be entitled to one day of time extension for every two days of delay). Following the expiration of the first 100 days after the initial 345-day period, Developer shall be entitled to one day of time extension for each day of eligible delay. The term “make available”, as used herein, shall mean to make available for: (i) relocation of occupants and personal property, for occupied parcels, (ii) demolition, for unoccupied, improved parcels, or (iii) construction, for unoccupied, unimproved parcels. Developer through due diligence shall initiate, cooperate and be responsible for all costs and all efforts necessary for the processing of the administrative portion of the condemnation action, up to and including the deposit of the award of Special Commissioners.

Negotiations and Condemnation Proceedings Relative to the Acquisition of Project ROW. (a) Negotiations for any Project ROW shall be undertaken as set forth in the Contract Documents, including Section 7 of the Technical Provisions. Developer shall obtain TxDOT’s approval of any offer to be extended to an owner of any interest in Project ROW prior to making such offer, in accordance with Section 7 of the Technical Provisions. Developer shall notify TxDOT in writing, for its concurrence, of the failure of negotiations with respect to the acquisition of any parcel included in the Project ROW and shall submit to TxDOT for approval a Condemnation Package for the parcel as described in Section 7.3.6 of the Technical Provisions. TxDOT shall have 10 Business Days either to: : (i) approve the Condemnation Package or (ii) provide its comments or request for additional information to Developer if TxDOT determines that the Condemnation Package is incomplete or otherwise deficient. Developer shall incorporate any suggested changes and provide any additional information requested by TxDOT and shall resubmit the Condemnation Package to TxDOT for review and approval. TxDOT shall have 10 Business Days to approve or provide comments to Developer on any resubmittals. (b) Condemnation proceedings for any Project ROW will be brought by TxDOT within a reasonable time following approval by TxDOT of a complete Condemnation Package for the parcel as described in Section 7.4.4 of the Technical Provisions. TxDOT will deliver the petition for the parcel to Developer within 105 days from the date of approval of the Condemnation Package. TxDOT will provide the payment for the parcel within 45 days from the date the special commissioners’ award is filed with the court. At no additional cost to TxDOT, Developer shall cooperate in all respects with TxDOT and shall cause all expert witnesses, appraisers, surveyors, land planners and other consultants utilized by Developer in connection with the acquisition of the Project ROW subject to condemnation to be available to and assist TxDOT in connection with the condemnation proceedings, including discovery, depositions, pre-hearing preparation and special commissioner’s hearing. Counsel engaged for final settlement or condemnation proceedings shall be from the State Attorney General representing TxDOT. (c) Except as provided in Section 3.12.4(f3.13.4(f), delays to the Critical Path due to failure of TxDOT to make available the portion of Draft Schematic ROW, or any TxDOT Additional Properties that must be acquired due to a TxDOT-Directed Change or a Necessary Basic Configuration Change, described in a condemnation packet within 345 days after approval of the Condemnation Package, excluding any delay caused in whole or in part by an act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval by any Developer-Related Entity in performing the services required under the Contract Documents, shall be considered a TxDOT- TxDOT-Caused Delay; provided however that the risk of delay following the expiration of such 345- 345-day period, on an individual parcel basis, shall be borne equally by each Party for the first 100 days thereafter (i.e., for each parcel, Developer shall be entitled to one day of time extension for every two days of delay). Following the expiration of the first 100 days after the initial 345-day period, Developer shall be entitled to one day of time extension for each day of eligible delay. The term “make available”, as used herein, shall mean to make available for: (i) relocation of occupants and personal property, for occupied parcels, (ii) demolition, for unoccupied, improved parcels, or (iii) construction, for unoccupied, unimproved parcels. The Developer through due diligence shall initiate, cooperate and be responsible for all costs and all efforts necessary for the processing of the administrative portion of the condemnation action, up to and including the deposit of the award of Special Commissioners.

Negotiations and Condemnation Proceedings Relative to the Acquisition of Project ROW. (a) Negotiations for any Project ROW shall be undertaken as set forth in the Contract Documents, including Section 7 of the Technical Provisions. Developer shall obtain TxDOT’s approval of any offer to be extended to an owner of any interest in Project ROW prior to making such offer, in accordance with Section 7 of the Technical Provisions. Developer shall notify TxDOT in writing, for its concurrence, of the failure of negotiations with respect to the acquisition of any parcel included in the Project ROW and shall submit to TxDOT for approval a Condemnation Package for the parcel as described in Section 7.3.6 of the Technical Provisions. TxDOT shall have 10 Business Days either to: : (i) approve the Condemnation Package or (ii) provide its comments or request for additional information to Developer if TxDOT determines that the Condemnation Package is incomplete or otherwise deficient. Developer shall incorporate any suggested changes and provide any additional information requested by TxDOT and shall resubmit the Condemnation Package to TxDOT for review and approval. TxDOT shall have 10 Business Days to approve or provide comments to Developer on any resubmittals. (b) Condemnation proceedings for any Project ROW will be brought by TxDOT within a reasonable time following approval by TxDOT of a complete Condemnation Package for the parcel as described in Section 7.4.4 of the Technical Provisions. TxDOT will deliver the petition for the parcel to Developer within 105 days from the date of approval of the Condemnation Package. TxDOT will provide the payment for the parcel within 45 days from the date the special commissioners’ award is filed with the court. At no additional cost to TxDOT, Developer shall cooperate in all respects with TxDOT and shall cause all expert witnesses, appraisers, surveyors, land planners and other consultants utilized by Developer in connection with the acquisition of the Project ROW subject to condemnation to be available to and assist TxDOT in connection with the condemnation proceedings, including discovery, depositions, pre-hearing preparation and special commissioner’s hearing. Counsel engaged for final settlement or condemnation proceedings shall be from the State Attorney General representing TxDOT. (c) Except as provided in Section 3.12.4(f3.13.4(f), delays to the Critical Path due to failure of TxDOT to make available the portion of Draft Schematic ROW, or any TxDOT Additional Properties that must be acquired due to a TxDOT-Directed Change or a Necessary Basic Configuration Change, described in a condemnation packet within 345 days after approval of the Condemnation Package, excluding any delay caused in whole or in part by an act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval by any Developer-Related Entity in performing the services required under the Contract Documents, shall be considered a TxDOT- TxDOT-Caused Delay; provided however that the risk of delay following the expiration of such 345- 345-day period, on an individual parcel basis, shall be borne equally by each Party for the first 100 days thereafter (i.e., for each parcel, Developer shall be entitled to one day of time extension for every two days of delay). Following the expiration of the first 100 days after the initial 345-day period, Developer shall be entitled to one day of time extension for each day of eligible delay. The term “make available”, as used herein, shall mean to make available for: (i) relocation of occupants and personal property, for occupied parcels, (ii) demolition, for unoccupied, improved parcels, or (iii) construction, for unoccupied, unimproved parcels. Developer through due diligence shall initiate, cooperate and be responsible for all costs and all efforts necessary for the processing of the administrative portion of the condemnation action, up to and including the deposit of the award of Special Commissioners.

Negotiations and Condemnation Proceedings Relative to the Acquisition of Project ROW. (a) 6.5.1 Negotiations for any Project ROW shall be undertaken as set forth in the Contract Documents, including Section 7 of the Technical Provisions. Developer shall obtain TxDOT’s approval of any offer to be extended to an owner of any interest in Project ROW prior to making such offer, in accordance with Section 7 of the Technical Provisions. Developer shall notify TxDOT in writing, for its concurrence, of the failure of negotiations with respect to the acquisition of any parcel included in the Project ROW and shall submit to TxDOT for approval a Condemnation Package for the parcel as described in Section 7.3.6 of the Technical Provisions. TxDOT shall have 10 Business Days either to:the (i) approve the Condemnation Package or (ii) provide its comments or request for additional information to Developer if TxDOT determines that the Condemnation Package is incomplete or otherwise deficient. Developer shall incorporate any suggested changes and provide any additional information requested by TxDOT and shall resubmit the Condemnation Package to TxDOT for review and approval. TxDOT shall have 10 Business Days to approve or provide comments to Developer on any resubmittals. (b) 6.5.2 Condemnation proceedings for any Project ROW will be brought by TxDOT within a reasonable time following approval by TxDOT of a complete Condemnation Package for the parcel TxDOT 6.5.3 Except as described provided in Section 7.4.4 6.2.6, Developer shall be entitled to a time extension in accordance with Section 13.8.5 for delays to the Critical Path due to failure of the Technical Provisions. TxDOT will to deliver the petition for the parcel to the Developer within 105 days from the date of approval of the Condemnation Package. TxDOT will Package or provide the payment for the parcel within 45 days from in accordance with Section 6.5.2, excluding any delay caused in whole or in part by an act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval by any Developer-Related Entity in performing the date services required under the special commissioners’ award is filed with the courtContract Documents. At no additional cost to TxDOTFurthermore, Developer shall cooperate in all respects with TxDOT and shall cause all expert witnesses, appraisers, surveyors, land planners and other consultants utilized by Developer in connection with the acquisition of the Project ROW subject to condemnation to be available to and assist TxDOT in connection with the condemnation proceedings, including discovery, depositions, pre-hearing preparation and special commissioner’s hearing. Counsel engaged for final settlement or condemnation proceedings shall be from the State Attorney General representing TxDOT. (c) Except except as provided in Section 3.12.4(f)6.2.6, delays to the Critical Path due to failure of TxDOT to make available the portion of Schematic ROW, or any TxDOT Additional Properties that must be acquired due to a TxDOT-Directed Change or a Necessary Basic Configuration Change, ROW described in a condemnation packet within 345 365 days after approval of the Condemnation Package, excluding any delay caused in whole or in part by an act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval by any Developer-Related Entity in performing the services required under the Contract Documents, shall be considered a TxDOT- TxDOT-Caused Delay; provided however provided, however, that the risk of delay following the expiration of such 345- 365-day period, on an individual parcel basis, shall be borne equally by each Party for the first 100 days thereafter (i.e., for each parcel, Developer shall be entitled to one day of time extension for every two days of delay). Following the expiration of the first 100 days after the initial 345-365- day period, Developer shall be entitled to one day of time extension for each day of eligible delay. The term “make available”, as used herein, shall mean to make available for: (ia) relocation of occupants and personal property, for occupied parcels, (iib) demolition, for unoccupied, improved parcels, or (iiic) construction, for unoccupied, unimproved parcels. The Developer through due diligence shall initiate, cooperate and be responsible for all costs and all efforts necessary for the processing of the administrative portion of the condemnation action, up to and including the deposit of the award of Special Commissioners and any filings necessary to support the award of Special Commissioners.