Common use of Notice to TxDOT Clause in Contracts

Notice to TxDOT. Developer shall use diligent efforts to obtain the cooperation of each Utility Owner as necessary for Utility Adjustments. Developer shall notify TxDOT promptly if (a) Developer is unable (or anticipates that it will be unable), after diligent efforts, to reach agreement with a Utility Owner on a necessary Utility Agreement within a reasonable time, (b) Developer reasonably believes for any other reason that any Utility Owner would not undertake or permit a Utility Adjustment in a manner consistent with the timely completion of the Project, (c) Developer becomes aware that any Utility Owner is not cooperating in a timely manner to provide agreed-upon work or approvals, or (d) any other dispute arises between Developer and a Utility Owner with respect to the Project, despite Xxxxxxxxx’s diligent efforts to obtain such Utility Owner’s cooperation or otherwise resolve such dispute. Such notice does not relieve Developer of its obligation to continue pursuing the Utility Owner’s cooperation. Developer shall provide TxDOT with such information as TxDOT requests regarding the Utility Owner’s failure to cooperate and the effect of any resulting delay on the Project Schedule.

Notice to TxDOT. Developer shall use diligent efforts to obtain the cooperation of each Utility Owner as necessary for Utility Adjustments. Developer shall notify TxDOT promptly if (a) Developer is unable (or anticipates that it will be unable), after diligent efforts, to reach agreement with a Utility Owner on a necessary Utility Agreement within a reasonable time, (b) Developer reasonably believes for any other reason that any Utility Owner would not undertake or permit a Utility Adjustment in a manner consistent with the timely completion of the Project, (c) Developer becomes aware that any Utility Owner is not cooperating in a timely manner to provide agreed-upon work or approvals, or (d) any other dispute arises between Developer and a Utility Owner with respect to the Project, despite XxxxxxxxxDeveloper’s diligent efforts to obtain such Utility Owner’s cooperation or otherwise resolve such dispute. Such notice does not relieve Developer of its obligation to continue pursuing the Utility Owner’s cooperation. Developer shall provide TxDOT with such information as TxDOT requests regarding the Utility Owner’s failure to cooperate and the effect of any resulting delay on the Project Schedule.