Common use of Preparation of Plans Clause in Contracts

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(s) acceptable to the Owner to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Developer represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owner.

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(sLandlord and Tenant have agreed upon a conceptual space plan (the “Space Plan”, as more particularly shown in Exhibit A above) acceptable for the work to be performed by Landlord to prepare the Premises for Tenant’s occupancy (“Landlord Work”). Commencing on the date hereof and in consultation with the Tenant, construction plans and specifications for the Landlord Work consistent with the Space Plan (the “Draft Plans”) shall be prepared by Landlord’s architect, Xxxxxxxx. Landlord shall be responsible for the cost of plans for Landlord-Cost Initial Work and Tenant shall be responsible for the cost of plans for Tenant-Cost Initial Work. On or before five (5) days after receipt thereof, Tenant shall approve of Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how the Draft Plans do not conform to the Owner Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, attached hereto herein as Exhibit A (collectively, the “Plans”), for . In the proposed Adjustment of the Owner Utilities. The Developer represents and warrants event that the Plans conform to Tenant does not approve the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing of the Draft Plans, the Owner hereby approves Landlord shall cause the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A Architect within five (collectively, the “Plans”), for the proposed Adjustment 5) business days after receipt of the Owner Utilities. The Owner represents and warrants that the Plans conform Tenant’s written detail to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the provide revised Draft Plans. The Owner also has provided Plans must be approved and the Landlord must be given the authorization by the Tenant to proceed with the Landlord Work no later than May 4, 2007. Any approval or preparation by Landlord, or Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the Developer a utility plan view map illustrating adequacy or sufficiency of such drawings, plans and specifications or the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard construction to its preparation of the Planswhich they relate, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plansfor any use, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Planspurpose, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owneror condition.

Preparation of Plans. [Check one box that applies:] The Developer DB Contractor has hired engineering firm(s) acceptable to the Owner to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Developer DB Contractor represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer DB Contractor and the Owner hereby approve the Plans. The Owner also has provided to the Developer DB Contractor a utility plan view map illustrating the location of existing and proposed utility facilities on the DeveloperDB Contractor’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owner.

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(s) acceptable to the Owner to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Developer represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Code, Part 1, Chapter 21, Subchapter C C, et seq., . (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the Owner’s “standards” described in Paragraph 3(a)(43(c). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve approves the Plans. The Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owner.

Preparation of Plans. [Check one box that applies:] The Developer If the Tenant has hired engineering firm(s) acceptable countersigned and returned a TRM Authorisation Request unamended and unqualified to the Owner Landlord in accordance with Clause 8.4(a) then: (a) The Landlord shall (in the case of any Tenant's Requested Modification to perform all engineering services needed for the Shell Building Works), prepare or procure as soon as reasonably practicable the preparation of plansscaled and dimensioned architectural and engineering working drawings and specifications showing in detail and in scope the Tenant's Requested Modification which drawings and specifications are in this Agreement together called “Modification Plans”. The Modification Plans shall be submitted promptly to the Tenant for approval (such approval not to be unreasonably withheld) and if within five (5) Business Days of such request the Tenant shall not have in writing approved or reasonably objected to such request giving its reasons then such approval shall be deemed to have been given by the Tenant) provided that if it is apparent that a Modification Consent is required in respect of any Tenant's Requested Modification to the Shell Building Works and/or the Stage Works the Landlord shall first prepare or procure the preparation of, required specificationsas soon as reasonably practicable, the plans which are necessary in order to apply for such Modification Consent and only prepare or procure the preparation of full Modification Plans either as soon as reasonably practicable following such Modification Consent being obtained or, if earlier, when the parties agree (acting reasonably) that it is appropriate to do so. (b) Any facilities or materials supplied by and any work performed or procured by the Landlord by reason of Tenant's Requested Modification which are described in the Modification Plans are called “Modifications” in this Agreement and shall (subject to such Modification Plans having been approved (or deemed approved) by the Tenant pursuant to Clause 8.5(a) so far as applicable) be deemed to be part of the Shell Building Works and/or the Stage Works (as appropriate). (c) The Landlord shall use reasonable endeavours to obtain, as soon as reasonably practicable, the Modification Consents for Tenant's Requested Modifications to the Shell Building Works and/or the Stage Works (as appropriate) and shall notify the Tenant whether the same have been granted or otherwise forthwith on receiving notification of the same. (d) If, despite its reasonable endeavours, Landlord is unable to obtain the Modification Consents for any Tenant's Requested Modifications, Tenant will consider alterations or modifications to such Tenant's Requested Modifications that will enable Landlord to obtain the Modification Consents. If Tenant does not elect to make any alterations or modifications to Tenant's Requested Modifications in order to secure the relevant Modification Consents, or the Modification Consents cannot be secured, regardless of any alterations or modifications to Tenant's Requested Modifications, the Tenant's request for any such Tenant's Requested Modification shall be deemed to be withdrawn and the provisions of Clause 8.8 shall apply. (e) Subject to Landlord's delivery of copies of the Modification Consents to Tenant (which the Landlord shall procure and provide for the Tenant as soon as reasonably practicable), the Tenant shall notify the Landlord within five (5) Business Days of their receipt by the Tenant whether the Modification Consents are satisfactory to it and if they are the provisions of Clause 8.7 shall apply and if they are not or if the Tenant shall fail to give such notice within such period the Tenant's request for the Tenant's Requested Modification shall be deemed to be withdrawn and the provisions of Clause 8.8 shall apply. (f) Actual delay to the Shell Building Works and/or the Stage Works resulting from the need for, and cost estimatesthe obtaining of, attached hereto as Exhibit A (collectively, the “Plans”), Modification Consents in accordance with this Clause 8 shall be a Tenant's Delay for the proposed Adjustment of the Owner Utilities. The Developer represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution purposes of this Agreement, the Developer as and the Owner hereby approve the Plans. The Owner also has provided to the Developer a utility plan view map illustrating extent such delay otherwise qualifies as Tenant's Delay under the location applicable terms and conditions of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Ownerthis Agreement.

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(s) acceptable to the Owner to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Developer represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map ROW Map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owner.

Preparation of Plans. [Check one box that applies:] The Developer DB Contractor has hired engineering firm(s) acceptable to the Owner to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Developer DB Contractor represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), as set forth in 43 Tex. Admin. Texas Administrative Code Part 1, Chapter 21, Subchapter C C, et seq., . (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), as set forth in 43 Texas Administrative Code Part 1, Chapter 21, Subchapter C, et seq. (the “UAR”). By its execution of this Agreement, the Developer DB Contractor and the Owner hereby approve the Plans. The Owner also has provided to the Developer DB Contractor a utility Utility plan view map illustrating the location of existing and proposed utility Utility facilities on the DeveloperDB Contractor’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one (1) box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owner.

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(s) acceptable to the Owner to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Developer represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Code, Part 1, Chapter 21, Subchapter C C, et seq., . (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the Owner’s “standards” described in Paragraph 3(a)(43(c). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve approves the Plans. The Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owner.

Preparation of Plans. [Check one (1) box that applies:] The Developer DB Contractor has hired engineering firm(s) acceptable to the Owner to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Developer DB Contractor represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), as set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C C, et seq., . (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), as set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C, et seq. (the “UAR”). By its execution of this Agreement, the Developer DB Contractor and the Owner hereby approve the Plans. The Owner also has provided to the Developer DB Contractor a utility Utility plan view map illustrating the location of existing and proposed utility Utility facilities on the DeveloperDB Contractor’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one (1) box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owner.

Preparation of Plans. [Check one box that applies:] The Developer DB Contractor has hired engineering firm(s) acceptable to the Owner to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Developer DB Contractor represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Texas Administrative Code, Part 1, Chapter 21, Subchapter C C, et seq., . (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), as set forth in 43 Texas Administrative Code Part 1, Chapter 21, Subchapter C, et seq. (the “UAR”). By its execution of this Agreement, the Developer DB Contractor and the Owner hereby approve the Plans. The Owner also has provided to the Developer DB Contractor a utility Utility plan view map illustrating the location of existing and proposed utility Utility facilities on the DeveloperDB Contractor’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owner.

Preparation of Plans. [Check one box that applies:] The Developer DeveloperDB Contractor has hired engineering firm(s) acceptable to the Owner to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Developer DeveloperDB Contractor represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer DeveloperDB Contractor and the Owner hereby approve the Plans. The Owner also has provided to the Developer DeveloperDB Contractor a utility plan view map illustrating the location of existing and proposed utility facilities on the DeveloperDeveloperDB Contractor’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owner.

Preparation of Plans. [Check one (1) box that applies:] The Developer has hired engineering firm(s) acceptable to the Owner to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Developer represents and warrants that tha the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), as set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C C, et seq., . (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), as set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C, et seq. (the “UAR”). By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The Owner also has provided to the Developer a utility Utility plan view map illustrating the location of existing and proposed utility Utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one (1) box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owner.