Common use of Representations by DB Contractor Clause in Contracts

Representations by DB Contractor. 6.4.1 DB Contractor’s designated Right of Way Acquisition Manager (“ROW Acquisition Manager”) shall be entitled to undertake the right of way acquisition services described in Section 7 of the Technical Provisions on behalf of TxDOT as its agent for such limited purpose, subject to the conditions and limitations of Section 6.2.6 and this Section 6.4. 6.4.2 In performing such activities, the ROW Acquisition Manager shall at all times follow the standard of care and conduct and be subject to all Laws applicable to a licensed real estate broker licensed in the State, and shall at all times conform with applicable Law (including, to the extent applicable, the Uniform Act) in all communications and interactions with the owners or occupants of the Project ROW or any other real property in which DB Contractor seeks to obtain any right or interest. 6.4.2.1 Except as provided in Section 6.4.2.2, any person or entity identified by DB Contractor to represent the State and who is to contact owners of real property interests, to make offers to or negotiate the purchase of such real property interests, or otherwise to perform services as agent for the State in the acquisition of real property interests, shall be licensed as a real estate broker by the Texas Real Estate Commission (“TREC”) prior to and during all times such person or entity represents the State. The person or entity so identified by DB Contractor shall be the “Broker.” Prior to any contact by the Broker with the owner of any real property interest, DB Contractor shall submit to TxDOT a copy of the current, active license of each person or entity that will perform these tasks, in accordance with Section 7 of the Technical Provisions. 6.4.2.2 Other persons or entities may carry out the obligations of the Broker provided that such person or entity meets one of the following requirements:

Representations by DB Contractor. 6.4.1 DB Contractor’s designated Right of Way Acquisition Manager (“ROW Acquisition Manager”) shall be entitled to undertake the right of way acquisition services described in Section 7 of the Technical Provisions on behalf of TxDOT as its agent for such limited purpose, subject to the conditions and limitations of Section 6.2.6 and this Section 6.4. 6.4.2 In performing such activities, the ROW Acquisition Manager shall at all times follow the standard of care and conduct and be subject to all Laws applicable to a licensed real estate broker licensed in the State, and shall at all times conform with applicable Law (including, to the extent applicable, the Uniform Act) in all communications and interactions with the owners or occupants of the Project ROW or any other real property in which DB Contractor seeks to obtain any right or interest. 6.4.2.1 Except as provided in Section 6.4.2.2, any person or entity identified by DB Contractor to represent the State and who is to contact owners of real property interests, to make offers to or negotiate the purchase of such real property interests, or otherwise to perform services as agent for the State in the acquisition of real property interests, shall be licensed as a real estate broker by the Texas Real Estate Commission (“TREC”) prior to and during all times such person or entity represents the State. The person or entity so identified by DB Contractor shall be the “Broker.” Prior to any contact by the Broker with the owner of any real property interest, DB Contractor shall submit to TxDOT a copy of the current, active license of each person or entity that will perform these tasks, in accordance with Section 7 of the Technical Provisions. 6.4.2.2 Other persons or entities may carry out the obligations of the Broker provided that such person or entity meets one of the following requirements:

Representations by DB Contractor. 6.4.1 DB Contractor’s designated Right of Way Acquisition Manager (“ROW Acquisition Manager”) shall be entitled to undertake the right of way acquisition services described in Section 7 of the Technical Provisions on behalf of TxDOT as its agent for such limited purpose, subject to the conditions and limitations of Section 6.2.6 6.2.7 and this Section 6.4. 6.4.2 In performing such activities, the ROW Acquisition Manager shall at all times follow the standard of care and conduct and be subject to all Laws applicable to a licensed real estate broker licensed in the StateState of Texas, and shall at all times conform with applicable Law (including, to the extent applicable, the Uniform Act) in all communications and interactions with the owners or occupants of the Project ROW or any other real property in which DB Contractor seeks to obtain any right or interest. 6.4.2.1 Except as provided in Section 6.4.2.2, any 6.4.2.1. Any individual person or entity identified by DB Contractor to represent the State of Texas and who is to contact owners of real property interests, to make offers to or negotiate the purchase of such real property interests, or otherwise to perform services as agent for the State of Texas in the acquisition of real property interests, shall be licensed as a real estate broker by the Texas Real Estate Commission (“TREC”) prior to and during all times such individual person or entity represents the StateState of Texas. The individual person or entity so identified by DB Contractor shall be identified as the “Broker.” Prior to any contact by the Broker with the owner of any real property interest, DB Contractor shall submit to TxDOT a copy of the current, active license of each person or entity that will perform these tasks, in accordance with Section 7 of the Technical Provisions. 6.4.2.2 6.4.2.2. Other individual persons or entities may carry out the obligations of the Broker Broker, provided that such person individual or entity meets one of the following requirements: (a) If the individual person is licensed by TREC as a real estate broker, such person shall be either employed by the Broker, or have a written agreement with the Broker which agreement sets out the terms and obligations of such individual person to represent the State in the performance of services as agent. Prior to any contact with the owner of any real property interest, the Broker shall deliver to TxDOT a copy of the individual person’s real estate broker’s license and, in the event of an agreement, a copy of the agreement between the Broker and the individual person licensed as a real estate broker. (b) If an entity is licensed by the TREC as a real estate broker, such entity shall have a written agreement with the Broker which sets out the terms and obligations of such entity to represent the State in the performance of services as agent. Prior to any contact with the owner of any real property interest, the Broker shall deliver to TxDOT a copy of the entity’s real estate broker’s license and a copy of the agreement between the Broker and the entity licensed as a real estate broker. (c) If an individual person is licensed by TREC as a real estate salesman, such person shall be either sponsored and employed by the Broker, or be employed by and sponsored by a person or entity licensed as a broker by TREC, which broker has a written agreement with the Broker that sets out the terms and obligations of the broker to represent the State of Texas in the performance of services as an agent. Prior to any contact with the owner of any real property interest, the Broker shall deliver to TxDOT a copy of the individual person’s real estate salesman’s license. 6.4.3 DB Contractor shall not be entitled to a Change Order or Claim as a result of the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval by the ROW Acquisition Manager in connection with ROW Acquisition Manager’s activities in carrying out the limited agency provided herein.