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. 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. 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. 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. 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. 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. (f) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts;
(g) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5;
(h) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and
(i) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure).
7.8.4.3 Developer shall provide TxDOT and the Independent Engineer with written notification when Developer determines it has achieved Final Acceptance for a Project Segment. During the 15-day period following receipt of such notification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the Project Segment and the Record Drawings, and TxDOT’s issuance of a written certificate of Final Acceptance for the Project Segment.
7.8.4.4 During such 15-day period, the Independent Engineer shall conduct an inspection of the Punch List items, a review of the Record Drawings and such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation within such 15-day period.
7.8.4.5 Within five days after expiration of such 15-day period and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, TxDOT shall either (a) issue a certificate of Final Acceptance for the Project Segment or (b) notify Developer in writing setting...
of the Technical Provisions. Issuance of NTP2 authorizes Developer to perform all other Work and activities pertaining to the Facility.
