Physical Possession of Final ROW; Failure by the Alamo RMA to Make Schematic ROW Available Sample Clauses

Physical Possession of Final ROW; Failure by the Alamo RMA to Make Schematic ROW Available. The Alamo RMA shall notify Design/Builder of the availability of Schematic ROW within 5 Business Days after the Alamo RMA has received access to such Schematic ROW. Design/Builder shall be responsible for being informed of and complying with any access restrictions that may be set forth in any documents granting access to any Schematic ROW. Upon obtaining knowledge of any anticipated delay in the dates for acquisition of any Schematic ROW, the Party obtaining knowledge shall promptly notify the other party in writing. In such event, Design/Builder shall immediately determine whether the delay impacts the Critical Path and, if so, to what extent it might be possible to avoid such delay through alternative construction methods or otherwise. Design/Builder shall promptly meet with the Alamo RMA to determine the best course of action and prepare a written report setting forth its recommendations, which recommendations shall be subject to the written approval of the Alamo RMA. Notwithstanding anything in this Agreement to the contrary, Design/Builder may not make a claim for a Change Order to extend the Interim Completion Deadline, the Completion Deadline or the Acceptance Deadline unless the Alamo RMA fails to make a parcel of Schematic ROW available for construction to Design/Builder (i) with respect to ROW south of Stone Oak Boulevard (from approximate station 327+00 to 513+00) and in the vicinity of Xxxxxxxxx Road (from approximate station 689+00 to the Project northern terminus), upon issuance of the NTP and (ii) with respect to the remaining Schematic ROW (from approximate station 513+00 to 689+00), within 365 days after the issuance of the NTP and, in either case, then only if such failure has a material adverse effect on the Critical Path. Any such failure by the Alamo RMA to make Schematic ROW available within the time frame described in the preceding sentence shall be considered an Alamo RMA Caused Delay. In no event shall Design/Builder be entitled to a Change Order to increase the Development Price as a result of the Alamo RMA’s failure to make Schematic ROW available for construction to Design/Builder. In no event shall Design/Builder be entitled to a Change Order to increase the Development Price or extend the Interim Completion Deadline, the Completion Deadline or the Acceptance Deadline as a result of Design/Builder’s failure to make available any Design/Builder-Designated ROW. All Design/Builder-Designated ROW will be acquired in accordance wit...
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Related to Physical Possession of Final ROW; Failure by the Alamo RMA to Make Schematic ROW Available

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