of the Technical Provisions. The Project Schedule shall be used by the Parties for planning and monitoring the progress of the Work and as the basis for determining the amount of monthly progress payments to be made to DB Contractor.
of the Technical Provisions. (c) DB Contractor has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.
of the Technical Provisions. If TxDOT incurs any such costs and expenses on Developer’s behalf, TxDOT may submit any invoices for such costs and expenses to Developer, in which case Developer shall pay the invoices prior to delinquency. If TxDOT pays any such costs and expenses on Developer’s behalf, Xxxxxxxxx shall reimburse TxDOT within ten days of TxDOT’s submittal to Developer of an invoice for such TxDOT costs and expenses. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer pursuant to this Agreement.
of the Technical Provisions. 6.8.6.4 If for any reason DB Contractor is unable to collect any amounts owed to DB Contractor by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) DB Contractor shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to DB Contractor from TxDOT; and (c) DB Contractor shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay DB Contractor.
of the Technical Provisions. 6.1.3 Except as otherwise authorized by Law for temporary Project Specific Locations, (a) TxDOT shall not be obligated to exercise its power of eminent domain in connection with DB Contractor’s acquisition of any such temporary right or interest, (b) TxDOT shall have no obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests, and (c) DB Contractor shall have no obligation to submit Acquisition Packages to TxDOT for, or obtain TxDOT’s approval of DB Contractor’s acquisition of, any such temporary right or interest. All costs and expenses for the acquisition of any temporary right or interest in real property, including Project Specific Locations, that DB Contractor determines necessary or desirable for its convenience in constructing the Project, such as for work space, contractor laydown areas, materials storage areas or temporary Utility Adjustment, or for any permanent interest in real property that DB Contractor may wish to acquire for its convenience that will not be part of the Project ROW, shall be DB Contractor’s sole responsibility, to be undertaken at DB Contractor’s sole cost and expense. TxDOT shall have no obligations or responsibilities with respect to the acquisition, maintenance or disposition of such rights or interests or the condition of such rights or interests, and shall not be obligated to use its powers of eminent domain in connection therewith. DB Contractor shall comply with all applicable Governmental Approvals and Laws in acquiring and maintaining or disposing of any such property rights or interests. DB Contractor shall cause the documentation of any such property interest to contain the grantor’s express acknowledgment that TxDOT shall have no liability with respect thereto.
of the Technical Provisions. DB Contractor 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 7.4.4 of the Technical Provisions. TxDOT shall have ten Business Days either to: (a) approve the Condemnation Package or (b) provide its comments and/or request for additional information to DB Contractor if TxDOT determines that the Condemnation Package is incomplete or otherwise deficient. DB Contractor 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 ten Business Days to approve or provide comments to DB Contractor on any resubmittals.
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 7.4.4 of the Technical Provisions. TxDOT shall have 15 Business Days either to:
of the Technical Provisions. Developer shall obtain TxDOT’s written 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 7.3.6
of the Technical Provisions. Developer's obligation to provide Protection in Place for Utilities includes any Early Adjustments, whether or not timely completed. Developer shall coordinate with TxDOT and the Utility Owner as may be necessary for orderly completion of any Early Adjustments, and Developer shall conduct its Work without interfering with or hindering the progress or completion of any Early Adjustments. Subject to the provisions of this Section 7.5.10 but notwithstanding any contrary provision of the CDA Documents, the Work excludes all efforts necessary for completion of any Early Adjustments.
of the Technical Provisions. Issuance of NTP2 authorizes Developer to perform all other Work and activities pertaining to the Facility.
