No Change Order. for delay to a Critical Path shall be allowable pursuant to Section 6.10.2.1 unless all of the following criteria are met: (a) the general requirements and conditions for Change Orders set forth in Section 4.6 of the General Conditions, including Sections 4.6.6.2.3 and 4.6.6.3, have been met; (b) DB Contractor has provided evidence reasonably satisfactory to TxDOT that DB Contractor took advantage of Float time available early in the Project Schedule with respect to the affected railroad; (c) DB Contractor has obtained, or is in a position to timely obtain, all applicable approvals, authorizations, certifications, consents, exemptions, filings, leases, licenses, permits, registrations, opinions and rulings required by or with any Person in order to design and construct the applicable work; and (d) no other circumstance exists that would delay the affected railroad related work even if the construction and maintenance agreement was obtained.
Appears in 7 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
No Change Order. for delay to a Critical Path shall be allowable pursuant to Section 6.10.2.1 unless all of the following criteria are met:
(a) the general requirements and conditions for Change Orders set forth in Section 4.6 of the General Conditions, including Sections 4.6.6.2.3 and 4.6.6.3, have been met;
(b) DB Contractor has provided evidence reasonably satisfactory to TxDOT that DB Contractor took advantage of Float time available early in the Project Schedule with respect to the affected railroad;
(c) DB Contractor has obtained, or is in a position to timely obtain, all applicable approvals, authorizations, certifications, consents, exemptions, filings, leases, licenses, permits, registrations, opinions and rulings required by or with any Person in order to design and construct the applicable work; and
(d) no other circumstance exists that would delay the affected railroad related work even if the construction and maintenance agreement was obtainedrailroad had timely provided the approval or comment to the Submittal, as applicable.
Appears in 1 contract
Samples: Design Build Agreement