Common use of Opening and Operation Clause in Contracts

Opening and Operation. In addition to Developer’s obligations under Section 18 of the Technical Provisions, prior to the Service Commencement Date for a Project Segment, Developer shall (a) have the right and obligation to open to traffic, operate and maintain portions of the Project Segment that Developer completes where safe and necessary or advisable for traffic circulation and (b) have the right to open to traffic, operate and maintain discrete portions of the Project Segment that Developer completes to the extent safe and necessary to enable orderly construction of the Project. If the portion opened is to be tolled, no tolling shall commence thereon until the Service Commencement Date therefor, but the portion shall first be adequately posted with signs informing the public that it is a tolled roadway and of the estimated date when tolls will commence. Developer shall undertake early openings consistently with and in accordance with the TxDOT-approved Traffic Management Plan. No early openings shall be relevant for determining Substantial Completion, Service Commencement or Final Acceptance, or determining whether Milestone Deadlines are satisfied.

Opening and Operation. 7.8.5.1 In addition to Developer’s obligations under Section 18 of the Technical Provisions, prior to the Service Commencement Date for a Project Segment, Developer shall shall (a) have the right and obligation to open to traffic, operate and maintain portions of the Project Segment that Developer completes where safe and necessary or advisable for traffic circulation and (b) have the right to open to traffic, operate and maintain discrete portions of the Project Segment that Developer completes to the extent safe and necessary to enable orderly construction of the Project. If the portion opened is to be tolled, no tolling shall commence thereon until the Service Commencement Date therefor, but the portion shall first be adequately posted with signs informing the public that it is a tolled roadway and of the estimated date when tolls will commence. . 7.8.5.2 Developer shall undertake early openings consistently with and in accordance with the TxDOT-approved Traffic Management Plan. No early openings shall be relevant for determining Substantial Completion, Service Commencement or Final Acceptance, or determining whether Milestone Schedule Deadlines are satisfied.

Opening and Operation. 7.8.5.1 In addition to Developer’s obligations under Section 18 of the Technical Provisions, prior to the Service Commencement Date for a Project Toll Segment, Developer shall shall (a) have the right and obligation to open to traffic, operate and maintain portions of the Project Toll Segment that Developer completes where safe and necessary or advisable for traffic circulation and (b) have the right to open to traffic, operate and maintain discrete portions of the Project Toll Segment that Developer completes to the extent safe and necessary to enable orderly construction of the Project. If the portion opened is to be tolled, no tolling shall commence thereon until the Service Commencement Date therefor, but the portion shall first be adequately posted with signs informing the public that it is a tolled roadway and of the estimated date when tolls will commence. . 7.8.5.2 Developer shall undertake early openings consistently with and in accordance with the TxDOT-approved Traffic Management Plan. No early openings shall be relevant for determining Substantial Completion, Service Commencement or Final Acceptance, or determining whether Milestone Schedule Deadlines are satisfied.