Review by TxDOT. The parties hereto acknowledge and agree as follows:
(a) Upon execution of this Agreement by the Developer and the Owner, the Developer will submit this Agreement, together with the attached Plans, to TxDOT for its review and approval as part of a package referred to as a “Utility Assembly”. The parties agree to cooperate in good faith to modify this Agreement and/or the Plans, as necessary and mutually acceptable to all parties, to respond to any comments made by TxDOT thereon. Without limiting the generality of the foregoing, (i) the Owner agrees to respond (with comment and/or acceptance) to any modified Plans and/or Agreement prepared by the Developer in response to TxDOT comments within fourteen (14) business days after receipt of such modifications; and (ii) if the Owner originally prepared the Plans, the Owner agrees to modify the Plans in response to TxDOT comments and to submit such modified Plans to the Developer for its comment and/or approval (and re-submittal to TxDOT for its comment and/or approval) within fourteen (14) business days after receipt of TxDOT’s comments. The Owner’s failure to timely respond to any modified Plans submitted by the Developer pursuant to this paragraph shall be deemed the Owner’s approval of same. If the Owner fails to timely prepare modified Plans which are its responsibility hereunder, then the Developer shall have the right to modify the Plans for the Owner’s approval as if the Developer had originally prepared the Plans. The Developer shall be responsible for providing Plans to and obtaining comments on and approval of the Plans from the Developer. The process set forth in this paragraph will be repeated until the Owner, the Developer and TxDOT have all approved this Agreement and the Plans.
(b) The parties hereto acknowledge and agree that TxDOT’s review, comments, and/or approval of a Utility Assembly or any component thereof shall constitute TxDOT's approval of the location and manner in which a Utility Assembly will be installed, adjusted, or relocated within the state highway right of way, subject to the Developer's and Owner's satisfactory performance of the Adjustment work in accordance with the approved Plans. TxDOT has no duty to review Owner facilities or components for their quality or adequacy to provide the intended utility service.
Review by TxDOT. The parties hereto acknowledge and agree as follows:
(a) Upon execution of this Agreement by the DeveloperDB Contractor and the Owner, the DeveloperDB Contractor will submit this Agreement, together with the attached Plans, to TxDOT for its review and approval as part of a package referred to as a “Utility Assembly”. The parties agree to cooperate in good faith to modify this Agreement and/or the Plans, as necessary and mutually acceptable to all parties, to respond to any comments made by TxDOT thereon. Without limiting the generality of the foregoing, (i) the Owner agrees to respond (with comment and/or acceptance) to any modified Plans and/or Agreement prepared by the DeveloperDB Contractor in response to TxDOT comments within fourteen (14) business days after receipt of such modifications; and
Review by TxDOT. TxDOT may at any time conduct a review of the EPDs to determine whether they are complete. If TxDOT determines that any data is missing from an EPD, DB Contractor shall provide such data within three Business Days after delivery of TxDOT’s request for such data. At that time of its submission to TxDOT, such data will be date stamped, labeled to identify it as supplementary EPD information and added to the EPD. DB Contractor shall have no right to add documents to the EPDs except upon TxDOT’s request. The EPDs associated with any Change Order or Maintenance Price adjustment under this CMA shall be reviewed, organized and indexed in the same manner described in Section 5.12.3 of the ITP.
Review by TxDOT. TxDOT may at any time conduct a review of the EPDs to determine whether they are complete. If TxDOT determines that any data is missing from an EPD, Fabricator shall provide such data within three business days after delivery of TxDOT's request for such data. At that time of its submission to TxDOT, such data will be date stamped, labeled to identify it as supplementary EPD information and added to the EPD. Fabricator shall have no right to add documents to the EPDs except upon TxDOT’s request. The EPDs associated with any Change Order or amendment to this Agreement shall be reviewed, organized and indexed in the same manner described in Section 6 of the RFP.
Review by TxDOT. TxDOT may at any time conduct a review of the EPDs to determine whether they are complete. If TxDOT determines that any data is missing from an EPD, Maintenance Contractor shall provide such data within three Business Days after delivery of TxDOT's request for such data. At that time of its submission to TxDOT, such data will be date stamped, labeled to identify it as supplementary EPD information and added to the EPD. Maintenance Contractor shall have no right to add documents to the EPDs except upon TxDOT’s request. The EPDs associated with any Change Order or Maintenance Price adjustment under this Capital Maintenance Agreement shall be reviewed, organized and indexed in the same manner described in Section 4.4 of the ITP. Texas Department of Transportation Execution Version Horseshoe Project 120 Capital Maintenance Agreement
