Common use of New Environmental Approvals To Be Obtained by Developer Clause in Contracts

New Environmental Approvals To Be Obtained by Developer. 6.10.2.1 If it is necessary to obtain a New Environmental Approval for any reason (including any New Environmental Approval associated with the drainage easements or any right of way outside of the Schematic ROW) other than a Force Majeure Event or a TxDOT-Directed Change, Developer shall be fully responsible, at its sole cost and expense, for obtaining the New Environmental Approval and any other environmental clearances that may be necessary, and for all requirements resulting therefrom, as well as for any litigation arising in connection therewith. If the New Environmental Approval is associated with a VE, the costs of obtaining and complying with the terms of the New Environmental Approval shall be considered in determining the Price adjustment under Section 22. 6.10.2.2 If any New Environmental Approval is necessitated by a TxDOT-Directed Change or Force Majeure Event, Developer shall be responsible for obtaining such New Environmental Approval and/or performing any additional mitigation requirements of such New Environmental Approval only if directed to do so by a Directive Letter or a Change Order. TxDOT shall cooperate with Developer and support its efforts to obtain any such New Environmental Approval. Any Change Order covering a TxDOT- Directed Change or Force Majeure Event shall include compensation to Developer for additional costs incurred by Developer to obtain the New Environmental Approval and to implement any changes in the Work (including performance of additional mitigation measures which are Developer’s responsibility) resulting from such New Environmental Approvals, as well as any time extension necessitated by the TxDOT-Directed Change or Force Majeure Event, subject to the conditions and limitations contained in Section 13. Should individual Section 404 permits be required (as opposed to the USACE Nationwide Permit) for any reason other than TxDOT-Directed Changes or Necessary Basic Configuration Changes, Developer shall be solely responsible for obtaining the individual Section 404 permits and for compliance with all conditions and requirements, including all mitigation requirements, contained therein without entitlement to a Change Order.

New Environmental Approvals To Be Obtained by Developer. 6.10.2.1 If it is necessary to obtain a New Environmental Approval for any reason (including any New Environmental Approval associated with the drainage easements or any right of way outside of the Draft Interim Schematic ROW) other than a Force Majeure Event or a TxDOT-Directed Change, Developer shall be fully responsible, at its sole cost and expense, for obtaining the New Environmental Approval and any other environmental clearances that may be necessary, and for all requirements resulting therefrom, as well as for any litigation arising in connection therewith. If the New Environmental Approval is associated with a VE, the costs of obtaining and complying with the terms of the New Environmental Approval shall be considered in determining the Price adjustment under Section 22. 6.10.2.2 If any New Environmental Approval is necessitated by a TxDOT-Directed Change or Force Majeure Event, Developer shall be responsible for obtaining such New Environmental Approval and/or performing any additional mitigation requirements of such New Environmental Approval only if directed to do so by a Directive Letter or a Change Order. TxDOT shall cooperate with Developer and support its efforts to obtain any such New Environmental Approval. Any Change Order covering a TxDOT- Directed Change or Force Majeure Event shall include compensation to Developer for additional costs incurred by Developer to obtain the New Environmental Approval and to implement any changes in the Work (including performance of additional mitigation measures which are Developer’s responsibility) resulting from such New Environmental Approvals, as well as any time extension necessitated by the TxDOT-Directed Change or Force Majeure Event, subject to the conditions and limitations contained in Section 13. Should individual new, revised or modified Section 404 permits be required (as opposed to the USACE Nationwide Permit) for any reason other than TxDOT-Directed Changes or Necessary Basic Configuration Changes, Developer shall be solely responsible for obtaining the individual Section 404 permits and for compliance with all conditions and requirements, including all mitigation requirements, contained therein without entitlement to a Change Order.

New Environmental Approvals To Be Obtained by Developer. 6.10.2.1 (a) If it is necessary to obtain a New Environmental Approval for any reason (including any New Environmental Approval associated with the drainage easements or any right of way outside of the Draft Schematic ROW) other than a Force Majeure Event or a TxDOT-Directed Change, Developer shall be fully responsible, at its sole cost and expense, for obtaining the New Environmental Approval and any other environmental clearances that may be necessary, and for all requirements resulting therefrom, as well as for any litigation arising in connection therewith. If the New Environmental Approval is associated with a VE, the costs of obtaining and complying with the terms of the New Environmental Approval shall be considered in determining the Price adjustment under Section 2221. 6.10.2.2 (b) If any New Environmental Approval is necessitated by a TxDOT-Directed Change or Force Majeure Event, Developer shall be responsible for obtaining such New Environmental Approval and/or or performing any additional mitigation requirements of such New Environmental Approval only if directed to do so by a Directive Letter or a Change Order. TxDOT shall cooperate with Developer and support its efforts to obtain any such New Environmental Approval. Any Change Order covering a TxDOT- TxDOT-Directed Change or Force Majeure Event shall include compensation to Developer for additional costs incurred by Developer to obtain the New Environmental Approval and to implement any changes in the Work (including performance of additional mitigation measures which are Developer’s responsibility) resulting from such New Environmental Approvals, as well as any time extension necessitated by the TxDOT-Directed Change or Force Majeure Event, subject to the conditions and limitations contained in Section 1312. Should individual new, revised or modified Section 404 permits be required (as opposed to the USACE Nationwide Permit) for any reason other than a TxDOT-Directed Changes Change or Necessary Basic Configuration Changesa Force Majeure Event, Developer shall be solely responsible for obtaining the individual Section 404 permits and for compliance with all conditions and requirements, including all mitigation requirements, contained therein without entitlement to a Change Order.

New Environmental Approvals To Be Obtained by Developer. 6.10.2.1 If it is necessary to obtain a New Environmental Approval for any reason (including any New Environmental Approval associated with the drainage easements or any right of way outside of the Draft Interim Schematic ROW) other than a Force Majeure Event or a TxDOT-Directed Change, Developer shall be fully responsible, at its sole cost and expense, for obtaining the New Environmental Approval and any other environmental clearances that may be necessary, and for all requirements resulting therefrom, as well as for any litigation arising in connection therewith. If the New Environmental Approval is associated with a VE, the costs of obtaining and complying with the terms of the New Environmental Approval shall be considered in determining the Price adjustment under Section 22. 6.10.2.2 If any New Environmental Approval is necessitated by a TxDOT-Directed Change or Force Majeure Event, Developer shall be responsible for obtaining such New Environmental Approval and/or performing any additional mitigation requirements of such New Environmental Approval only if directed to do so by a Directive Letter or a Change Order. TxDOT shall cooperate with Developer and support its efforts to obtain any such New Environmental Approval. Any Change Order covering a TxDOT- TxDOT-Directed Change or Force Majeure Event shall include compensation to Developer for additional costs incurred by Developer to obtain the New Environmental Approval and to implement any changes in the Work (including performance of additional mitigation measures which are Developer’s responsibility) resulting from such New Environmental Approvals, as well as any time extension necessitated by the TxDOT-Directed Change or Force Majeure Event, subject to the conditions and limitations contained in Section 13. Should individual new, revised or modified Section 404 permits be required (as opposed to the USACE Nationwide Permit) for any reason other than TxDOT-Directed Changes or Necessary Basic Configuration Changes, Developer shall be solely responsible for obtaining the individual Section 404 permits and for compliance with all conditions and requirements, including all mitigation requirements, contained therein without entitlement to a Change Order.

New Environmental Approvals To Be Obtained by Developer. 6.10.2.1 6.10.1.1 If it is necessary to obtain a New Environmental Approval for any reason (including any New Environmental Approval associated with the drainage easements or any right of way outside of the Schematic ROW) other than (i) a Force Majeure Event or Event, (ii) a TxDOT-Directed Change, or (iii) with respect to Additional Properties required due to a Necessary Basic Configuration Change, Developer shall be fully responsible, at its sole cost and expense, for obtaining the New Environmental Approval and any other environmental clearances that may be necessary, and for all requirements resulting therefrom, as well as for any litigation arising in connection therewith. If the New Environmental Approval is associated with a VE, the costs of obtaining and complying with the terms of the New Environmental Approval shall be considered in determining the Price adjustment under Section 22. 6.10.2.2 6.10.1.2 If any New Environmental Approval is necessitated (i) by a TxDOT-Directed Change or Force Majeure Event, or (ii) with respect to Additional Properties required due to a Necessary Basic Configuration Change, Developer shall be responsible for obtaining such New Environmental Approval and/or performing any additional mitigation requirements of such New Environmental Approval only if directed to do so by a Directive Letter or a Change Order. TxDOT shall cooperate with Developer and support its efforts to obtain any such New Environmental Approval. Any Change Order covering a TxDOT- Directed Change or Force Majeure Event shall include compensation to Developer for additional costs incurred by Developer to obtain the New Environmental Approval and to implement any changes in the Work (including performance of additional mitigation measures which are Developer’s responsibility) resulting from such New Environmental Approvals, as well as any time extension necessitated by the TxDOT-Directed Change or Force Majeure Event, subject to the conditions and limitations contained in Section 13. Should individual Section 404 permits be required (as opposed to the USACE Nationwide Permit) for any reason other than TxDOT-Directed Changes or Necessary Basic Configuration Changes, Developer shall be solely responsible for obtaining the individual Section 404 permits and for compliance with all conditions and requirements, including all mitigation requirements, contained therein without entitlement to a Change Order.

New Environmental Approvals To Be Obtained by Developer. 6.10.2.1 If it is necessary to obtain a New Environmental Approval for any reason (including any New Environmental Approval associated with the drainage easements or any right of way outside of the Schematic ROW) other than a Force Majeure Event or a TxDOT-Directed Change, Developer shall be fully responsible, at its sole cost and expense, for obtaining the New Environmental Approval and any other environmental clearances that may be necessary, and for all requirements resulting therefrom, as well as for any litigation arising in connection therewith. If the New Environmental Approval is associated with a VE, the costs of obtaining and complying with the terms of the New Environmental Approval shall be considered in determining the Price adjustment under Section 22. 6.10.2.2 If any New Environmental Approval is necessitated by a TxDOT-Directed Change or Force Majeure Event, Developer shall be responsible for obtaining such New Environmental Approval and/or performing any additional mitigation requirements of such New Environmental Approval only if directed to do so by a Directive Letter or a Change Order. TxDOT shall cooperate with Developer and support its efforts to obtain any such New Environmental Approval. Any Change Order covering a TxDOT- Directed Change or Force Majeure Event shall include compensation to Developer for additional costs incurred by Developer to obtain the New Environmental Approval and to implement any changes in the Work (including performance of additional mitigation measures which are Developer’s responsibility) resulting from such New Environmental Approvals, as well as any time extension necessitated by the TxDOT-Directed Change or Force Majeure Event, subject to the conditions and limitations contained in Section 13. Should new, revised or modified individual Section 404 permits be required (as opposed to the USACE Nationwide Permit) for any reason other than TxDOT-Directed Changes or Necessary Basic Configuration Changes, Developer shall be solely responsible for obtaining the individual Section 404 permits and for compliance with all conditions and requirements, including all mitigation requirements, contained therein without entitlement to a Change Order.

New Environmental Approvals To Be Obtained by Developer. 6.10.2.1 If it is necessary to obtain a New Environmental Approval for any reason (including any New Environmental Approval associated with the drainage easements or any right of way outside of the Schematic ROW) other than a Force Majeure Event or a TxDOT-Directed Change, Developer shall be fully responsible, at its sole cost and expense, for obtaining the New Environmental Approval and any other environmental clearances that may be necessary, and for all requirements resulting therefrom, as well as for any litigation arising in connection therewith. If the New Environmental Approval is associated with a VE, the costs of obtaining and complying with the terms of the New Environmental Approval shall be considered in determining the Price adjustment under Section 22. 6.10.2.2 If any New Environmental Approval is necessitated by a TxDOT-Directed Change or Force Majeure Event, Developer shall be responsible for obtaining such New Environmental Approval and/or performing any additional mitigation requirements of such New Environmental Approval only if directed to do so by a Directive Letter or a Change Order. TxDOT shall cooperate with Developer and support its efforts to obtain any such New Environmental Approval. Any Change Order covering a TxDOT- TxDOT-Directed Change or Force Majeure Event shall include compensation to Developer for additional costs incurred by Developer to obtain the New Environmental Approval and to implement any changes in the Work (including performance of additional mitigation measures which are Developer’s responsibility) resulting from such New Environmental Approvals, as well as any time extension necessitated by the TxDOT-Directed Change or Force Majeure Event, subject to the conditions and limitations contained in Section 13. Should new, revised or modified individual Section 404 permits be required (as opposed to the USACE Nationwide Permit) for any reason other than TxDOT-Directed Changes or Necessary Basic Configuration Changes, Developer shall be solely responsible for obtaining the individual Section 404 permits and for compliance with all conditions and requirements, including all mitigation requirements, contained therein without entitlement to a Change Order.

New Environmental Approvals To Be Obtained by Developer. 6.10.2.1 6.10.1.1 If it is necessary to obtain a New Environmental Approval for any reason (including any New Environmental Approval associated with the drainage easements or any right of way outside of the Schematic ROW) other than (i) a Force Majeure Event or Event, (ii) a TxDOT-Directed Change, or (iii) with respect to Additional Properties required due to a Necessary Basic Configuration Change, Developer shall be fully responsible, at its sole cost and expense, for obtaining the New Environmental Approval and any other environmental clearances that may be necessary, and for all requirements resulting therefrom, as well as for any litigation arising in connection therewith. If the New Environmental Approval is associated with a VE, the costs of obtaining and complying with the terms of the New Environmental Approval shall be considered in determining the Price adjustment under Section 22. 6.10.2.2 6.10.1.2 If any New Environmental Approval is necessitated (i) by a TxDOT-Directed Change or Force Majeure Event, or (ii) with respect to Additional Properties required due to a Necessary Basic Configuration Change, Developer shall be responsible for obtaining such New Environmental Approval and/or performing any additional mitigation requirements of such New Environmental Approval only if directed to do so by a Directive Letter or a Change Order. TxDOT shall cooperate with Developer and support its efforts to obtain any such New Environmental Approval. Any Change Order covering a TxDOT- Directed Change or Force Majeure Event shall include compensation to Developer for additional costs incurred by Developer to obtain the New Environmental Approval and to implement any changes in the Work (including performance of additional mitigation measures which are Developer’s responsibility) resulting from such New Environmental Approvals, as well as any time extension necessitated by the TxDOT-Directed Change or Force Majeure Event, subject to the conditions and limitations contained in Section 13. Should individual Section 404 permits be required (as opposed to the USACE Nationwide Permit) for any reason other than TxDOT-Directed Changes or Necessary Basic Configuration Changes, Developer shall be solely responsible for obtaining the individual Section 404 permits and for compliance with all conditions and requirements, including all mitigation requirements, contained therein without entitlement to a Change Order.

New Environmental Approvals To Be Obtained by Developer. 6.10.2.1 (a) If it is necessary to obtain a New Environmental Approval for any reason (including any New Environmental Approval associated with the drainage easements or any right of way outside of the Draft Schematic ROW) other than a Force Majeure Event or a TxDOT-Directed Change, Developer shall be fully responsible, at its sole cost and expense, for obtaining the New Environmental Approval and any other environmental clearances that may be necessary, and for all requirements resulting therefrom, as well as for any litigation arising in connection therewith. If the New Environmental Approval is associated with a VE, the costs of obtaining and complying with the terms of the New Environmental Approval shall be considered in determining the Price adjustment under Section 2221. 6.10.2.2 (b) If any New Environmental Approval is necessitated by a TxDOT-Directed Change or Force Majeure Event, Developer shall be responsible for obtaining such New Environmental Approval and/or or performing any additional mitigation requirements of such New Environmental Approval only if directed to do so by a Directive Letter or a Change Order. TxDOT shall cooperate with Developer and support its efforts to obtain any such New Environmental Approval. Any Change Order covering a TxDOT- TxDOT-Directed Change or Force Majeure Event shall include compensation to Developer for additional costs incurred by Developer to obtain the New Environmental Approval and to implement any changes in the Work (including performance of additional mitigation measures which are Developer’s responsibility) resulting from such New Environmental Approvals, as well as any time extension necessitated by the TxDOT-Directed Change or Force Majeure Event, subject to the conditions and limitations contained in Section 1312. Should individual new, revised or modified Section 404 permits be required (as opposed to the USACE Nationwide Permit) for any reason other than TxDOT-TxDOT- Directed Changes or Necessary Basic Configuration Changes, Developer shall be solely responsible for obtaining the individual Section 404 permits and for compliance with all conditions and requirements, including all mitigation requirements, contained therein without entitlement to a Change Order.

New Environmental Approvals To Be Obtained by Developer. 6.10.2.1 6.10.1.1 If it is necessary to obtain a New Environmental Approval for any reason (including any New Environmental Approval associated with the drainage easements or any right of way outside of the Schematic ROW) other than (i) a Force Majeure Event or Event, (ii) a TxDOT-Directed Change, or (iii) with respect to Additional Properties required due to a Necessary Basic Configuration Change, Developer shall be fully responsible, at its sole cost and expense, for obtaining the New Environmental Approval and any other environmental clearances that may be necessary, and for all requirements resulting therefrom, as well as for any litigation arising in connection therewith. If the New Environmental Approval is associated with a VE, the costs of obtaining and complying with the terms of the New Environmental Approval shall be considered in determining the Price adjustment under Section 22. 6.10.2.2 6.10.1.2 If any New Environmental Approval is necessitated (i) by a TxDOT-Directed Change or Force Majeure Event, or (ii) with respect to Additional Properties required due to a Necessary Basic Configuration Change, Developer shall be responsible for obtaining such New Environmental Approval and/or performing any additional mitigation requirements of such New Environmental Approval only if directed to do so by a Directive Letter or a Change Order. TxDOT shall cooperate with Developer and support its efforts to obtain any such New Environmental Approval. Any Change Order covering a TxDOT- TxDOT-Directed Change or Force Majeure Event shall include compensation to Developer for additional costs incurred by Developer to obtain the New Environmental Approval and to implement any changes in the Work (including performance of additional mitigation measures which are Developer’s responsibility) resulting resulti ng from such New Environmental Approvals, as well as any time extension necessitated by the TxDOT-TxDOT - Directed Change or Force Majeure Event, subject to the conditions and limitations contained in Section 13. Should individual Section 404 permits be required (as opposed to the USACE Nationwide Permit) for any reason other than TxDOT-Directed Changes or Necessary Basic Configuration Changes, Developer shall be solely responsible for obtaining the individual Section 404 permits and for compliance with all conditions and requirements, including all mitigation requirements, contained therein without entitlement to a Change Order.

New Environmental Approvals To Be Obtained by Developer. 6.10.2.1 6.10.1.1 If it is necessary to obtain a New Environmental Approval for any reason (including any New Environmental Approval associated with the drainage easements or any right of way outside of the Schematic ROW) other than (i) a Force Majeure Event or Event, (ii) a TxDOT-Directed Change, or (iii) with respect to Additional Properties required due to a Necessary Basic Configuration Change, Developer shall be fully responsible, at its sole cost and expense, for obtaining the New Environmental Approval and any other environmental clearances that may be necessary, and for all requirements resulting therefrom, as well as for any litigation arising in connection therewith. If the New Environmental Approval is associated with a VE, the costs of obtaining and complying with the terms of the New Environmental Approval shall be considered in determining the Price adjustment under Section 22. 6.10.2.2 6.10.1.2 If any New Environmental Approval is necessitated (i) by a TxDOT-Directed Change or Force Majeure Event, or (ii) with respect to Additional Properties required due to a Necessary Basic Configuration Change, Developer shall be responsible for obtaining such New Environmental Approval and/or performing any additional mitigation requirements of such New Environmental Approval only if directed to do so by a Directive Letter or a Change Order. TxDOT shall cooperate with Developer and support its efforts to obtain any such New Environmental Approval. Any Change Order covering a TxDOT- TxDOT-Directed Change or Force Majeure Event shall include compensation to Developer for additional costs incurred by Developer to obtain the New Environmental Approval and to implement any changes in the Work (including performance of additional mitigation measures which are Developer’s responsibility) resulting from such New Environmental Approvals, as well as any time extension necessitated by the TxDOT-TxDOT- Directed Change or Force Majeure Event, subject to the conditions and limitations contained in Section 13. Should individual Section 404 permits be required (as opposed to the USACE Nationwide Permit) for any reason other than TxDOT-Directed Changes or Necessary Basic Configuration Changes, Developer shall be solely responsible for obtaining the individual Section 404 permits and for compliance with all conditions and requirements, including all mitigation requirements, contained therein without entitlement to a Change Order.