Physical Possession of Project ROW; Transfer of Title to Improvements. TxDOT shall notify DB Contractor of the availability of Project ROW within ten Business Days after TxDOT has received access to such Project ROW. DB Contractor 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 Project ROW. Upon obtaining knowledge of any anticipated delay in the dates for acquisition of any Project ROW, the Party obtaining knowledge shall promptly notify the other party in writing. In such event, DB Contractor 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 re-sequencing, reallocation or other alternative construction methods or otherwise. DB Contractor shall promptly meet with TxDOT 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 TxDOT. TxDOT may, in its sole discretion, transfer, without representation or warranty, TxDOT’s right, title and interest in and to any improvements within the acquired Project ROW to DB Contractor for purposes of facilitating demolition of such improvements and construction of the Project as soon as feasible after title is acquired by TxDOT. DB Contractor shall accept such transfer of title and shall assume all responsibility associated with such improvements upon transfer to DB Contractor.
