Common use of Principal Facility Documents; Facility Trust and Security Instruments Clause in Contracts

Principal Facility Documents; Facility Trust and Security Instruments. 1.4.1 To the extent not reviewed and approved by TxDOT prior to the Effective Date, the Principal Facility Documents and any amendments thereto shall be subject to TxDOT’s prior review and approval for consistency with the CDA Documents and to confirm such documents do not adversely affect Developer’s ability to carry out its duties under the CDA Documents, increase TxDOT’s liability or materially adversely affect TxDOT’s step-in rights. Routine non- material change orders, deviations and waivers in the ordinary course of business under the Design-Build Contract and O&M Contracts will not require TxDOT’s prior written approval except to the extent otherwise provided in the NTTA Tolling Services Agreement, but Developer shall assure that the same are consistent with the CDA Documents and do not adversely affect Developer’s ability to carry out its duties under the CDA Documents.