Common use of Review by TxDOT Clause in Contracts

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 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 accepted 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 wayway (the “ROW”), 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 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 Developer DB Contractor and the Owner, the Developer DB 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 Developer DB Contractor 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 DB Contractor 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 DB Contractor 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 DB Contractor shall have the right to modify the Plans for the Owner’s approval as if the Developer DB Contractor 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 DB Contractor and TxDOT have all approved this Agreement and accepted 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 wayway(the “ROW”), subject to the DeveloperDB Contractor's and Owner's satisfactory performance of the Adjustment work in accordance with the approved Plans. TxDOT has no duty to review Owner facilities 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 Developer DB Contractor and the Owner, the Developer DB 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 Developer DB Contractor 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 DB Contractor 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 DB Contractor 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 DB Contractor shall have the right to modify the Plans for the Owner’s approval as if the Developer DB Contractor had originally prepared the Plans. The Developer DB Contractor shall be responsible for providing Plans to and obtaining comments on and approval of the Plans from the DeveloperDB Contractor. The process set forth in this paragraph will be repeated until the Owner, the Developer DB Contractor 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 DeveloperDB Contractor'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 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 accepted 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 wayway(the “ROW”), 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 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 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 Project Utility Adjustment Agreement (Owner Managed) 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 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 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) 14 business days after receipt of such modifications; and and (ii) if 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 resubmit to TxDOT for its comment and/or approval) within fourteen (14) 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 State Highway right of wayway (the “ROW”), subject to the Developer's Developer 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 Utility service.

Review by TxDOT. The parties hereto acknowledge and agree as follows: (a) Upon execution of this Agreement by the Developer DB Contractor and the Owner, the Developer DB 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 The Owner agrees to respond (with comment and/or acceptance) to any modified Plans and/or Agreement prepared by the Developer DB Contractor in response to TxDOT comments within fourteen (14) business days 14 Business Days after receipt of such modifications; and and (ii) if 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 DB Contractor for its comment and/or approval (and re-submittal to TxDOT for its comment and/or approval) within fourteen (14) business days 14 Business Days after receipt of TxDOT’s comments. The Owner’s failure to timely respond to any modified Plans submitted by the Developer DB Contractor 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 DB Contractor shall have the right to modify the Plans for the Owner’s approval as if the Developer DB Contractor 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 DB Contractor and TxDOT have all approved this Agreement and the Plans. (b) The parties hereto acknowledge and agree that TxDOT’s review, comments, and/or comments and approval of a Utility Assembly or any component thereof shall constitute TxDOT's ’s approval of the location and manner in which a Utility Assembly will be installed, adjusted, or relocated within the state highway State Highway right of wayway (the “ROW”), subject to the Developer's DB Contractor and the Owner's ’s satisfactory performance of the Adjustment work in accordance with the approved Plans. TxDOT has no duty to review Owner facilities Utilities or components for their quality or adequacy to provide the intended utility Utility service.

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 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) 14 business days after receipt of such modifications; and and (ii) if 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 resubmit to TxDOT for its comment and/or approval) within fourteen (14) 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, adjustedAdjusted, or relocated within the state highway State Highway right of wayway (the “ROW”), subject to the Developer's Developer and Owner's satisfactory performance of the Adjustment work 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 Utility service.

Review by TxDOT. The parties hereto acknowledge and agree as follows: (a) Upon execution of this Agreement by the Developer DB Contractor and the Owner, the Developer DB 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, : (i1) the The Owner agrees to respond (with comment and/or acceptance) to any modified Plans and/or Agreement prepared by the Developer DB Contractor in response to TxDOT comments within fourteen (14) business days 10 Business Days after receipt of such modifications; and and (ii2) if 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 DB Contractor for its comment and/or approval (and re-submittal to TxDOT for its comment and/or approval) within fourteen (14) business days 10 Business Days after receipt of TxDOT’s comments. The Owner’s failure to timely respond to any modified Plans submitted by the Developer DB Contractor 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 DB Contractor shall have the right to modify the Plans for the Owner’s approval as if the Developer DB Contractor 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 DB Contractor and TxDOT have all approved this Agreement and the Plans. (b) The parties hereto acknowledge and agree that TxDOT’s review, comments, and/or comments and approval of a Utility Assembly or any component thereof shall constitute TxDOT's ’s approval of the location and manner in which a Utility Assembly will be installed, adjusted, or relocated within the state highway State Highway right of wayway (the “ROW”), subject to the Developer's DB Contractor and the Owner's ’s satisfactory performance of the Adjustment work in accordance with the approved Plans. TxDOT has no duty to review Owner facilities Utilities 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 Developer DB Contractor and the Owner, the Developer DB 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, : (i1) the The Owner agrees to respond (with comment and/or acceptance) to any modified Plans and/or Agreement prepared by the Developer DB Contractor in response to TxDOT comments within fourteen (14) business days 10 Business Days after receipt of such modifications; and and (ii2) if 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 DB Contractor for its comment and/or approval (and re-submittal resubmit to TxDOT for its comment and/or approval) within fourteen (14) business days 10 Business Days after receipt of TxDOT’s comments. The Owner’s failure to timely respond to any modified Plans submitted by the Developer DB Contractor 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 DB Contractor shall have the right to modify the Plans for the Owner’s approval as if the Developer DB Contractor had originally prepared the Plans. The Developer DB Contractor shall be responsible for providing Plans to and obtaining comments on and approval of the Plans from the DeveloperOwner. The process set forth in this paragraph will be repeated until the Owner, the Developer DB Contractor 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 State Highway right of wayway (the “ROW”), subject to the Developer's DB Contractor 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 Utility service.

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 Project Utility Adjustment Agreement (Developer Managed) 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 accepted 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 wayway (the “ROW”), 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 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 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 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 14 Business Days after receipt of such modifications; and and (ii) if 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 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 comments and approval of a Utility Assembly or any component thereof shall constitute TxDOT's ’s approval of the location and manner in which a Utility Assembly will be installed, adjusted, or relocated within the state highway State Highway right of wayway (the “ROW”), subject to the Developer's Developer and the Owner's ’s satisfactory performance of the Adjustment work in accordance with the approved Plans. TxDOT has no duty to review Owner facilities Utilities or components for their quality or adequacy to provide the intended utility Utility service.

Review by TxDOT. The parties hereto acknowledge and agree as follows: (a) Upon execution of this Agreement by the Developer DeveloperDB Contractor and the Owner, the Developer 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 Developer DeveloperDB Contractor in response to TxDOT comments within fourteen (14) business days after receipt of such modifications; and 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 DeveloperDB Contractor 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 DeveloperDB Contractor 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 DeveloperDB Contractor shall have the right to modify the Plans for the Owner’s approval as if the Developer DeveloperDB Contractor 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 DeveloperDB Contractor and TxDOT have all approved this Agreement and accepted 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 wayway(the “ROW”), subject to the DeveloperDeveloperDB Contractor's and Owner's satisfactory performance of the Adjustment work in accordance with the approved Plans. TxDOT has no duty to review Owner facilities Facilities or components for their quality or adequacy to provide the intended utility service.