Common use of Operation Restrictions Clause in Contracts

Operation Restrictions. 4.1.17.3.1 Upon notification by TxDOT or if DB Contractor becomes aware of damage to a Maintained Element as a direct result of an incident or Emergency, DB Contractor shall perform inspections in accordance with Section 9.5.1 of the CMA Specification and shall report to TxDOT the nature of any damage and the scope of necessary repairs. DB Contractor shall repair such damage subject to DB Contractor’s right to a Change Order in accordance with Section 4.5 hereof and Section 5 of the CMA, upon receipt of direction from TxDOT. 4.1.17.3.2 Should Emergencies occur during DB Contractor’s performance of traffic management, including vehicle accidents and structural failures, DB Contractor shall take all actions necessary to open the roadway as soon as possible and shall, subject to DB Contractor’s right to a Change Order in accordance with Section 4.5 hereof and Section 5 of the CMA, repair any damage to the Maintained Elements upon direction from TxDOT. 4.1.17.3.3 TxDOT shall have at all times, without obligation or liability to DB Contractor, the right to (a) issue Directive Letters to DB Contractor regarding traffic management and control (with which DB Contractor shall comply), or directly assume traffic management and control of the Project during any period that the Executive Director determines such action will be in the public interest as a result of an emergency or natural disaster; and (b) provide on the Project, via message signs or other means consistent with Good Industry Practice, traveler and driver information, and other public information (e.g., amber alerts).

Operation Restrictions. 4.1.17.3.1 4.1.17.2.1 Upon notification by TxDOT or if DB Contractor becomes aware of damage to a Maintained Element as a direct result of an incident Incident or Emergency, DB Contractor shall perform inspections in accordance with Section 9.5.1 of the CMA Specification and shall report to TxDOT the nature of any damage and the scope of necessary repairs. DB Contractor shall repair such damage subject to DB Contractor’s right to a Change Order in accordance with Section 4.5 hereof and Section 5 of the CMA, upon receipt of direction from TxDOT. 4.1.17.3.2 4.1.17.2.2 Should Emergencies occur during DB Contractor’s performance of traffic management, including vehicle accidents and structural failures, DB Contractor shall take all actions necessary to open the roadway as soon as possible and shall, subject to DB Contractor’s right to a Change Order in accordance with Section 4.5 hereof and Section 5 of the CMA, repair any damage to the Maintained Elements upon direction from TxDOT. 4.1.17.3.3 4.1.17.2.3 TxDOT shall have at all times, without obligation or liability to DB Contractor, the right to (a) issue Directive Letters to DB Contractor regarding traffic management and control (with which DB Contractor shall comply), or directly assume traffic management and control of the Project during any period that the Executive Director determines such action will be in the public interest as a result of an emergency or natural disaster; and (b) provide on the Project, via message signs or other means consistent with Good Industry Practice, traveler and driver information, and other public information (e.g., amber alerts).

Operation Restrictions. 4.1.17.3.1 4.1.17.2.1 Upon notification by TxDOT or if DB Contractor becomes aware of damage to a Maintained Element as a direct result of an incident or Emergency, DB Contractor shall perform inspections in accordance with Section 9.5.1 of the CMA Specification and shall report to TxDOT the nature of any damage and the scope of necessary repairs. DB Contractor shall repair such damage subject to DB Contractor’s right to a Change Order in accordance with Section 4.5 hereof and Section 5 of the CMA, upon receipt of direction from TxDOT. 4.1.17.3.2 4.1.17.2.2 Should Emergencies occur during DB Contractor’s performance of traffic management, including vehicle accidents and structural failures, DB Contractor shall take all actions necessary to open the roadway as soon as possible and shall, subject to DB Contractor’s right to a Change Order in accordance with Section 4.5 hereof and Section 5 of the CMA, repair any damage to the Maintained Elements upon direction from TxDOT. 4.1.17.3.3 4.1.17.2.3 TxDOT shall have at all times, without obligation or liability to DB Contractor, the right to (a) issue Directive Letters to DB Contractor regarding traffic management and control (with which DB Contractor shall comply), or directly assume traffic management and control of the Project during any period that the Executive Director determines such action will be in the public interest as a result of an emergency or natural disaster; and (b) provide on the Project, via message signs or other means consistent with Good Industry Practice, traveler and driver information, and other public information (e.g., amber alerts).

Operation Restrictions. 4.1.17.3.1 Upon notification by TxDOT or if DB Contractor becomes aware of damage to a Maintained Element as a direct result of an incident or Emergency, DB Contractor shall perform inspections in accordance with Section 9.5.1 50.5.1 of Item 50 of the CMA Specification Design-Build Specifications and shall report to TxDOT the nature of any damage and the scope of necessary repairs. DB Contractor shall repair such damage subject to DB Contractor’s right to a Change Order in accordance with Section 4.5 hereof and Section 5 of the CMA, upon receipt of direction from TxDOT. 4.1.17.3.2 Should Emergencies occur during DB Contractor’s performance of traffic management, including vehicle accidents and structural failures, DB Contractor shall take all actions necessary to open the roadway as soon as possible and shall, subject to DB Contractor’s right to a Change Order in accordance with Section 4.5 hereof and Section 5 of the CMA, repair any damage to the Maintained Elements upon direction from TxDOT. 4.1.17.3.3 TxDOT shall have at all times, without obligation or liability to DB Contractor, the right to (a) issue Directive Letters to DB Contractor regarding traffic management and control (with which DB Contractor shall comply), or directly assume traffic management and control of the Project during any period that the Executive Director determines such action will be in the public interest as a result of an emergency or natural disaster; and (b) provide on the Project, via message signs or other means consistent with Good Industry Practice, traveler and driver information, and other public information (e.g., amber alerts).