Common use of Reimbursement for Certain Costs Clause in Contracts

Reimbursement for Certain Costs. TxDOT shall compensate Developer for 100% of Developer’s reasonable, out-of-pocket costs and expenses directly attributable to the handling, transport and removal of archeological and paleontological resources encountered in Developer’s construction of the Project or related Utility Adjustments (the “total chargeable archeological and paleontological costs”). The foregoing notwithstanding, none of the following costs and expenses shall be chargeable to TxDOT under this Section 12.4.1: (a) delay and disruption costs and expenses; (b) costs and expenses arising out of archeological and paleontological resources first discovered or encountered in a Project Segment or the corresponding portions of the General Purpose Lanes and Frontage Roads after Substantial Completion of the Project Segment (provided that the foregoing does not preclude compensation for amounts paid to the GPLCI Design-Build Contractor under the GPLCI Design-Build Contract pursuant to Section 25.1); (c) costs and expenses that could be avoided by the exercise of commercially reasonable efforts to mitigate and reduce cost; and (d) Developer’s administrative and overhead expenses arising out of or relating to archeological and paleontological resources.