Common use of Recovery Schedule Clause in Contracts

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Final Acceptance and completion of the Toll Zone Work by the applicable Completion Deadline. 4.5.2 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If 3.9.1 Subject to Section 3.9.2, if at any time, the D&C Work on any Critical Path item is delayed for a period which that exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 1312), then Developer, upon TxDOT’s request, Developer shall prepare and submit to TxDOT for review and approval with the next Project Status Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Completion and Final Acceptance of each Phase of the Project and completion of the Toll Zone Bridge Demolition Work by the applicable Completion Deadline. 4.5.2 3.9.2 If Developer has failed to meet any Completion Deadline (as it may be extended under this Agreement) by the time required under this Agreement, then 3.9.3 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 seven days after any rejection by XxXXX of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating resolving TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 3.9.4 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the D&C Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the D&C Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 12.2.1(c) or 13.3.2.512.3.2(e). 4.5.4 3.9.5 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments for D&C Work until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If 3.9.1 Subject to Section 3.9.2, if at any time, the D&C Work on any Critical Path item is delayed for a period which that exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 1312), then Developer, upon TxDOT’s request, Developer shall prepare and submit to TxDOT for review and approval with the next Project Status Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Completion and Final Acceptance and completion of each Phase of the Toll Zone Work Project by the applicable Completion Deadline. 4.5.2 3.9.2 If Developer has failed to meet any Completion Deadline (as it may be extended under this Agreement) by the time required under this Agreement, then Developer shall prepare and submit to TxDOT for review and approval with the next Project Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to achieve the applicable contractual milestones with as little additional delay as possible. 3.9.3 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 seven days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating resolving TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 3.9.4 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the D&C Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the D&C Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 12.2.1(c) or 13.3.2.512.3.2(e). 4.5.4 3.9.5 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments for D&C Work until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to for which Developer may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Final Acceptance and completion of the Toll Zone Work by the applicable applicble Completion Deadline. 4.5.2 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule.’s 4.5.3 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If a TxDOT-approved Recovery Schedule is not in place within 30 days from Developer's submission of a Recovery Schedule in accordance with Section 4.5.1 or if Developer fails to provide an acceptable a Recovery Schedule as required herein and herein, in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no Developer’s right to receive progress payments shall cease until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.. Texas Department of Transportation RFP Addendum #5 Loop 375 – Border Highway West Extension Project 33 Development Agreement March 19, 2014

Recovery Schedule. 4.5.1 If 3.9.1 Subject to Section 3.9.2, if at any time, the D&C Work on any Critical Path item is delayed for a period which that exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 1312), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Final Acceptance and completion of the Toll Zone Work by the applicable Completion Deadline. 4.5.2 3.9.2 If Developer has failed to meet any Completion Deadline (as it may be extended under this Agreement) by the time required under this Agreement, then Developer shall prepare and submit to TxDOT for review and approval with the next Project Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to achieve the applicable contractual milestones with as little additional delay as possible. 3.9.3 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 seven days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 3.9.4 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the D&C Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the D&C Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 12.2.1(c) or 13.3.2.512.3.2(e). 4.5.4 3.9.5 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments for D&C Work until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to for which Developer may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Final Acceptance and completion of the Toll Zone Work by the applicable applicble Completion Deadline. 4.5.2 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule.’s 4.5.3 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If a TxDOT-approved Recovery Schedule is not in place within 30 days from Developer's submission of a Recovery Schedule in accordance with Section 4.5.1 or if Developer fails to provide an acceptable a Recovery Schedule as required herein and herein, in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no Developer’s right to receive progress payments shall cease until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to for which Developer may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Final Acceptance and completion of the Toll Zone Work by the applicable applicble Completion Deadline. 4.5.2 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If a TxDOT-approved Recovery Schedule is not in place within 30 days from Developer's submission of a Recovery Schedule in accordance with Section 4.5.1 or if Developer fails to provide an acceptable a Recovery Schedule as required herein and herein, in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no Developer’s right to receive progress payments shall cease until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer DB Contractor may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, DB Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DeveloperDB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Final Acceptance Acceptance, and completion of the Toll Zone Work by the applicable Completion Deadline. 4.5.2 TxDOT shall notify Developer DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX of the Recovery Schedule, Developer DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DeveloperDB Contractor’s Recovery Schedule, Developer DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by Developer DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If Developer a TxDOT approved Recovery Schedule is not in place within 30 days from DB Contractor’s submission of a Recovery Schedule in accordance with Section 4.5.1 or if DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer DB Contractor shall have no right to receive progress payments until such time as Developer DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If 3.9.1 Subject to Section 3.9.2, if at any time, the D&C Work on any Critical Path item is delayed for a period which that exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 1312), then Developer, upon TxDOT’s request, Developer shall prepare and submit to TxDOT for review and approval with the next Project Status Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Completion and Final Acceptance and completion of each Phase of the Toll Zone Project and the Early Bridge Removal Work by the applicable Completion Deadline. 4.5.2 3.9.2 If Developer has failed to meet any Completion Deadline (as it may be extended under this Agreement) by the time required under this Agreement, then Developer shall prepare and submit to TxDOT for review and approval with the next Project Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to achieve the applicable contractual milestones with as little additional delay as possible. 3.9.3 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 seven days after any rejection by XxXXX of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating resolving TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 3.9.4 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the D&C Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the D&C Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 12.2.1(c) or 13.3.2.512.3.2(e). 4.5.4 3.9.5 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments for D&C Work until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Final Acceptance and completion of the Toll Zone Work by the applicable Completion Deadline. 4.5.2 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule.will 4.5.3 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer DB Contractor may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, DB Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DeveloperDB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Final Acceptance Acceptance, and completion of the Toll Zone Work by the applicable Completion Deadline. 4.5.2 TxDOT shall notify Developer DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DeveloperDB Contractor’s Recovery Schedule, Developer DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by Developer DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If Developer a TxDOT approved Recovery Schedule is not in place within 30 days from DB Contractor’s submission of a Recovery Schedule in accordance with Section 4.5.1 or if DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer DB Contractor shall have no right to receive progress payments until such time as Developer DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 ‌ 4.6.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 thirty (30) days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer Design-Build Contractor may be entitled to a time extension under Section 13), then DeveloperDesign-Build Contractor, upon TxDOT’s requestwithin ten (10) days after Design-Build Contractor first becomes aware of such schedule delay or otherwise at the request of IFA, shall prepare and submit to TxDOT IFA for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DeveloperDesign-Build Contractor’s proposed plan to regain lost schedule progress and to achieve the original contractual milestones as they may be extended in accordance with this AgreementPPA, including Substantial Completion, Final Acceptance and completion Completion by the Substantial Completion Deadline. Design-Build Contractor’s submittal shall comply with Section 1.4 of the Toll Zone Work by the applicable Completion Deadline. 4.5.2 TxDOT Technical Provisions. IFA shall notify Developer Design-Build Contractor within 14 ten (10) days after receipt of each such Recovery Schedule whether the Recovery Schedule schedule is deemed accepted or rejected. Within 7 five (5) days after any IFA’s rejection by XxXXX of the Recovery Scheduleschedule, Developer Design-Build Contractor will resubmit a revised Recovery Schedule incorporating TxDOTIFA’s comments. When TxDOT IFA accepts DeveloperDesign-Build Contractor’s Recovery Schedule, Developer Design-Build Contractor shall, within five (5) days after TxDOTIFA’s acceptance, incorporate and fully include such schedule into the Project Schedule, Schedule and deliver the same to TxDOT and proceed in accordance with the approved Recovery ScheduleIFA. 4.5.3 4.6.2 All costs incurred by Developer Design-Build Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to Design-Build Contractor and 4.6.3 In the Price, except to the extent event that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If Developer Design-Build Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition within thirty (30) days of Design-Build Contractor’s receipt of a notice to any other rights and remedies in favor of TxDOT arising out of such failuredo so, Developer Design-Build Contractor shall have no right to receive progress payments until such time as Developer Design-Build Contractor has prepared and TxDOT IFA has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension or increase in the Contract Price or other compensation under the Contract PPA Documents.

Recovery Schedule. 4.5.1 If 3.9.1 Subject to Section 3.9.2, if at any time, the D&C Work on any Critical Path item is delayed for a period which that exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 1312), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Final Acceptance and completion of the Toll Zone Work by the applicable Completion Deadline. 4.5.2 3.9.2 If Developer has failed to meet any Completion Deadline (as it may be extended under this Agreement) by the time required under this Agreement, then Developer shall prepare and submit to TxDOT for review and approval with the next Project Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to achieve the applicable contractual milestones with as little additional delay as possible. 3.9.3 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 seven days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating resolving TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 3.9.4 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the D&C Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the D&C Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 12.2.1(c) or 13.3.2.512.3.2(e). 4.5.4 3.9.5 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments for D&C Work until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If 3.9.1 Subject to Section 3.9.2, if at any time, the D&C Work on any Critical Path item is delayed for a period which that exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 1312), then Developer, upon TxDOT’s request, Developer shall prepare and submit to TxDOT for review and approval with the next Project Status Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Completion and Final Acceptance of each Phase of the Project and completion of the Toll Zone Bridge Demolition Work by the applicable Completion Deadline. 4.5.2 3.9.2 If Developer has failed to meet any Completion Deadline (as it may be extended under this Agreement) by the time required under this Agreement, then Developer shall prepare and submit to TxDOT for review and approval with the next Project Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to achieve the applicable contractual milestones with as little additional delay as possible. 3.9.3 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 seven days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating resolving TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 3.9.4 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the D&C Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the D&C Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 12.2.1(c) or 13.3.2.512.3.2(e). 4.5.4 3.9.5 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments for D&C Work until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to for which Developer may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DeveloperXxxxxxxxx’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Completion by the Substantial Completion Deadline and Final Acceptance and completion of the Toll Zone Work by the applicable Completion Final Acceptance Deadline. 4.5.2 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer Develope r will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project ScheduleSchedule , deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5.a 4.5.4 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments until such time as Developer has prepared and TxDOT has approved such Recovery ScheduleS chedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to for which Developer may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Completion by the Substantial Completion Deadline and Final Acceptance and completion of the Toll Zone Work by the applicable Completion Final Acceptance Deadline. 4.5.2 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5.a 4.5.4 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the original contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Final Acceptance Completion of each Segment and completion of the Toll Zone Work Project by the applicable Substantial Completion Deadline and Final Acceptance of each Segment and Project Final Acceptance by the applicable Final Acceptance Deadline. 4.5.2 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5Section 13. 4.5.4 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DeveloperXxxxxxxxx’s proposed plan to regain lost schedule progress and to achieve the original contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Completion by the Substantial Completion Deadline and Final Acceptance and completion of the Toll Zone Work by the applicable Completion Final Acceptance Deadline. 4.5.2 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5Section 13. 4.5.4 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract CDA Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial CompletionCompletion of each Segment and the Project , Final Acceptance of each Segment and Project, completion of the Early Completion Work, and completion of the Toll Zone Work by the applicable Completion Deadline. 4.5.2 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Final Acceptance and completion of the Toll Zone Work by the applicable Completion Deadline. 4.5.2 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If 3.9.1 Subject to Section 3.9.2, if at any time, the D&C Work on any Critical Path item is delayed for a period which that exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 1312), then Developer, upon TxDOT’s request, Developer shall prepare and submit to TxDOT for review and approval with the next Project Status Baseline Schedule Update a Recovery Schedule demonstrating DeveloperXxxxxxxxx’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Completion and Final Acceptance of each Phase of the Project and completion of the Toll Zone Bridge Demolition Work by the applicable Completion Deadline. 4.5.2 3.9.2 If Developer has failed to meet any Completion Deadline (as it may be extended under this Agreement) by the time required under this Agreement, then Developer shall prepare and submit to TxDOT for review and approval with the next Project Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to achieve the applicable contractual milestones with as little additional delay as possible. 3.9.3 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 seven days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating resolving TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 3.9.4 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the D&C Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the D&C Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 12.2.1(c) or 13.3.2.512.3.2(e). 4.5.4 3.9.5 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments for D&C Work until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the original contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Completion by the Substantial Completion Deadline and Final Acceptance and completion of the Toll Zone Work by the applicable Completion Final Acceptance Deadline. 4.5.2 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule.’s 4.5.3 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5Section 13. 4.5.4 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract CDA Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer DB Contractor may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, DB Contractor shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DeveloperDB Contractor’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Final Acceptance Acceptance, and completion of the Toll Zone Work by the applicable Completion Deadline. 4.5.2 TxDOT shall notify Developer DB Contractor within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer DB Contractor will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DeveloperDB Contractor’s Recovery Schedule, Developer DB Contractor shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by Developer DB Contractor in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer DB Contractor and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If Developer a TxDOT approved Recovery Schedule is not in place within 30 days from DB Contractor’s submission of a Recovery Schedule in accordance with Section 4.5.1 or if DB Contractor fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer DB Contractor shall have no right to receive progress payments until such time as Developer DB Contractor has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating DeveloperXxxxxxxxx’s proposed plan to regain lost schedule progress and to achieve the original contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Completion by the Substantial Completion Deadline and Final Acceptance and completion of the Toll Zone Work by the applicable Completion Final Acceptance Deadline. 4.5.2 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule.’s 4.5.3 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5Section 13. 4.5.4 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract CDA Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed delayed, other than solely for a reason for which Integrator is entitled to a time extension pursuant to Section 13, for a period which exceeds the greater of either 30 days Days in the aggregate or that number of days Days in the aggregate equal to 5% of the days Days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 13)Deadline, then Developer, upon TxDOT’s request, Integrator shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Monthly Update a Recovery Schedule demonstrating DeveloperIntegrator’s proposed plan to regain lost schedule progress and to achieve the original contractual milestones as they may be extended in accordance with this AgreementAgreement and any Project Segment Supplement, including Substantial Completion, Final System Acceptance and completion of the Toll Zone Work by the applicable Completion System Acceptance Deadline, Punch List Acceptance by the applicable Punch List Acceptance Deadline and Final Acceptance by the applicable Final Acceptance Deadline. 4.5.2 TxDOT shall notify Developer Integrator within 14 days Days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days Days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer Integrator will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts DeveloperIntegrator’s Recovery Schedule, Developer Integrator shall, within five days Days after TxDOT’s acceptance, incorporate and fully include such schedule into the applicable Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by Developer Integrator in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer Integrator and shall not result in a change to the applicable Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the applicable Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5Section 13. 4.5.4 If Developer Integrator fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failureherein, Developer Integrator shall have no right to receive progress payments Milestone Payments until such time as Developer Integrator has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Final Acceptance and completion of the Toll Zone Work by the applicable Completion DeadlineCompletionDeadline. 4.5.2 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If 3.9.1 Subject to Section 3.9.2, if at any time, the D&C Work on any Critical Path item is delayed for a period which that exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 1312), then Developer, upon TxDOT’s request, Developer shall prepare and submit to TxDOT for review and approval with the next Project Status Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial Completion, Completion and Final Acceptance and completion of each Phase of the Toll Zone Project and the Early Bridge Removal Work by the applicable Completion Deadline. 4.5.2 3.9.2 If Developer has failed to meet any Completion Deadline (as it may be extended under this Agreement) by the time required under this Agreement, then Developer shall prepare and submit to TxDOT for review and approval with the next Project Baseline Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to achieve the applicable contractual milestones with as little additional delay as possible. 3.9.3 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 seven days after any rejection by XxXXX of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule.will 4.5.3 3.9.4 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the D&C Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the D&C Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 12.2.1(c) or 13.3.2.512.3.2(e). 4.5.4 3.9.5 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments for D&C Work until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.

Recovery Schedule. 4.5.1 If at any time, the Work on any Critical Path item is delayed for a period which exceeds the greater of either 30 days in the aggregate or that number of days in the aggregate equal to 5% of the days remaining until a Completion Deadline (including delays to which Developer may be entitled to a time extension under Section 13), then Developer, upon TxDOT’s request, shall prepare and submit to TxDOT for review and approval with the next Project Status Schedule Update a Recovery Schedule demonstrating Developer’s proposed plan to regain lost schedule progress and to achieve the contractual milestones as they may be extended in accordance with this Agreement, including Substantial CompletionCompletion of each Segment and the Project , Final Acceptance of each Segment and Project, completion of the Early Completion Work, and completion of the Toll Zone Work by the applicable Completion Deadline. 4.5.2 TxDOT shall notify Developer within 14 days after receipt of each such Recovery Schedule whether the Recovery Schedule is deemed accepted or rejected. Within 7 days after any rejection by XxXXX TxDOT of the Recovery Schedule, Developer will resubmit a revised Recovery Schedule incorporating TxDOT’s comments. When TxDOT accepts Developer’s Recovery Schedule, Developer shall, within five days after TxDOT’s acceptance, incorporate and fully include such schedule into the Project Schedule, deliver the same to TxDOT and proceed in accordance with the approved Recovery Schedule. 4.5.3 All costs incurred by Developer in preparing, implementing and achieving the Recovery Schedule shall be borne by Developer and shall not result in a change to the Price, except to the extent that the Recovery Schedule is in lieu of a time extension and a change in the Price is permitted for Acceleration Costs in accordance with Sections 13.2.1.3 or 13.3.2.5. 4.5.4 If Developer fails to provide an acceptable Recovery Schedule as required herein and in addition to any other rights and remedies in favor of TxDOT arising out of such failure, Developer shall have no right to receive progress payments until such time as Developer has prepared and TxDOT has approved such Recovery Schedule. Any failure or delay in the submittal or approval of a Recovery Schedule shall not result in any time extension under the Contract Documents.