Common use of Schematic Design Clause in Contracts

Schematic Design. 3.3.2.1 Developer acknowledges and agrees that if Xxxxxxxxx wishes to deviate from the Schematic ROW set forth in the Schematic Design, it must specifically identify such modifications in writing to TxDOT in accordance with Section 2.1.2.4, provide justification for the modification, and obtain specific written approval from TxDOT, in its sole discretion, prior to use of such modifications. Subject to Section 2.1.3.3, Developer must obtain TxDOT’s prior written approval to deviate from the Schematic Design unless the proposed modification meets all of the following: (a) is within the Schematic ROW and requires no additional right of way; (b) meets the requirements of the Technical Provisions; (c) requires no New Environmental Approval; (d) does not constitute a Design Exception or Design Waiver; and (e) is consistent with the design concepts included in the Proposal. Developer acknowledges and agrees that the requirements and constraints set forth in the Contract Documents and in the Governmental Approvals, as well as Site conditions, will impact Developer’s ability to revise the concepts contained in the Schematic Design, in addition to the requirement to obtain approval. 3.3.2.2 Developer may rely on the Schematic ROW limits as shown on the Schematic Design and that it is feasible to design and develop the Project within the Schematic ROW limits identified in the Schematic Design provided by TxDOT, and shall have the right to obtain a Change Order for certain increased costs incurred due to Necessary Basic Configuration Changes to the extent provided in Section 13.8.6; provided, however, that Developer acknowledges that “feasible to design and develop the Project” is not intended to mean or be limited to Developer’s design approach set forth in its Proposal or Developer’s preferred design approach. 3.3.2.3 Developer acknowledges that the Schematic Design is preliminary and subject to refinement through the Final Design process and that Developer is not entitled to any time extensions in connection with any changes in the Schematic Design, and Developer’s s entitlement to an increase in the Price in connection with any changes in the Schematic Design is limited to certain increased costs incurred as a result of Necessary Basic Configuration Changes to the extent allowed under Section 13.8.6.

Schematic Design. 3.3.2.1 Developer acknowledges and agrees that if Xxxxxxxxx wishes to deviate from the Schematic ROW set forth contained in the Schematic Design, it must specifically identify such modifications in writing to TxDOT in accordance with Section 2.1.2.42.1.2.2, provide justification for the modification, and obtain specific written approval from TxDOT, in its sole discretion, prior to use of such modifications. Subject to Section 2.1.3.3, Developer must obtain TxDOT’s prior written approval to deviate from the Schematic Design unless the proposed modification meets all of the following: (a) is within the Schematic ROW and requires no additional right of way; (b) meets the requirements of the Technical Provisions; (c) requires no New Environmental Approval; (d) does not constitute a Design Exception or Design Waiver; and (e) is consistent with the design concepts included in the Proposal. Developer acknowledges and agrees that the requirements and constraints set forth in the Contract CDA Documents and in the Governmental Approvals, as well as Site conditions, will impact Developer’s ability to revise the concepts contained in the Schematic Design, in addition to the requirement to obtain approval. 3.3.2.2 Developer may rely on the Schematic ROW limits Basic Configuration elements as shown on the Schematic Design as representing a feasible design solution for the Project and that it is feasible to design and develop the Project within the Schematic ROW limits identified in the Schematic Design and Schematic ROW maps provided by TxDOT, and shall have the right to obtain a Change Order for certain increased costs incurred due to Necessary Basic Configuration Changes to the extent as provided in Section 13.8.613; provided, however, that Developer acknowledges that a “feasible to design and develop the Projectsolution” is not intended to mean or be limited to Developer’s design approach set forth in its Proposal or Developer’s preferred design approach. Developer may also rely upon the Schematic Design as a preliminary design basis for Project design, subject to terms and limitations of the CDA Documents. 3.3.2.3 Developer acknowledges that the Schematic Design is preliminary and subject to refinement through the Final Design process process, and that Developer is not entitled to any time extensions in connection with any changes in the Schematic Design, and Developer’s s entitlement to an increase in the Price or time extension in connection with any changes in the Schematic Design is limited to certain increased costs incurred as a result of Necessary Basic Configuration Changes to the extent allowed under Section 13.8.6Changes.

Schematic Design. 3.3.2.1 Developer acknowledges and agrees that if Xxxxxxxxx wishes to deviate from the Schematic ROW set forth in the Schematic DesignROW, it must specifically identify such modifications in writing to TxDOT in accordance with Section 2.1.2.4, provide justification for the modification, and obtain specific written approval from TxDOT, in its sole discretion, prior to use of such modifications. Subject to Section 2.1.3.32.1.2.3, Developer must obtain TxDOT’s prior written approval to deviate from the Schematic Design unless the proposed modification meets all of the following: (a) is within the Schematic ROW and requires no additional right of way; (b) meets the requirements of the Technical Provisions; (c) requires no New Environmental Approval; (d) does not constitute a Design Exception or Design Waiver; and (e) is consistent with the design concepts included in the Proposal. Developer acknowledges and agrees that the requirements and constraints set forth in the Contract Documents and in the Governmental Approvals, as well as Site conditions, will impact Developer’s ability to revise the concepts contained in the Schematic Design, in addition to the requirement to obtain approval. 3.3.2.2 Developer may rely on the Schematic ROW limits as shown on the Schematic Design and that it is feasible to design and develop the Project within the Schematic ROW limits identified in the Schematic Design provided by TxDOT, and shall have the right to obtain a Change Order for certain increased costs incurred due to Necessary Basic Configuration Changes to the extent provided in Section 13.8.6; provided, however, that Developer acknowledges that “feasible to design and develop the Project” is not intended to mean or be limited to Developer’s design approach set forth in its Proposal or Developer’s preferred design approach. 3.3.2.3 Developer acknowledges that the Schematic Design is preliminary and subject to refinement through the Final Design process and that Developer is not entitled to any time extensions in connection with any changes in the Schematic Design, and Developer’s s entitlement to an increase in the Price in connection with any changes in the Schematic Design is limited to certain increased costs incurred as a result of Necessary Basic Configuration Changes to the extent allowed under Section 13.8.6.

Schematic Design. 3.3.2.1 Developer acknowledges and agrees that if Xxxxxxxxx Developer wishes to deviate from the Schematic ROW set forth in the Schematic Design, it must specifically identify such modifications in writing to TxDOT in accordance with Section 2.1.2.4, provide justification for the modification, and obtain specific written approval from TxDOT, in its sole discretion, prior to use of such modifications. Subject to Section 2.1.3.32.1.2.3, Developer must obtain TxDOT’s prior written approval to deviate from the Schematic Design unless the proposed modification meets all of the following: (a) is within the Schematic ROW and requires no additional right of way; (b) meets the requirements of the Technical Provisions; (c) requires no New Environmental Approval; (d) does not constitute a Design Exception or Design Waiver; and (e) is consistent with the design concepts included in the Proposal. Developer acknowledges and agrees that the requirements and constraints set forth in the Contract Documents and in the Governmental Approvals, as well as Site conditions, will impact Developer’s ability to revise the concepts contained in the Schematic Design, in addition to the requirement to obtain approval. 3.3.2.2 Developer may rely on the Schematic ROW limits as shown on the Schematic Design and that it is feasible to design and develop the Project within the Schematic ROW limits identified in the Schematic Design provided by TxDOT, and shall have the right to obtain a Change Order for certain increased costs incurred due to Necessary Basic Configuration Changes to the extent provided in Section 13.8.6; provided, however, that Developer acknowledges that “feasible to design and develop the Project” is not intended to mean or be limited to Developer’s design approach set forth in its Proposal or Developer’s preferred design approach. 3.3.2.3 Developer acknowledges that the Schematic Design is preliminary and subject to refinement through the Final Design process and that Developer is not entitled to any time extensions in connection with any changes in the Schematic Design, and Developer’s s entitlement to an increase in the Price in connection with any changes in the Schematic Design is limited to certain increased costs incurred as a result of Necessary Basic Configuration Changes to the extent allowed under Section 13.8.6.

Schematic Design. 3.3.2.1 Developer acknowledges and agrees that if Xxxxxxxxx Developer wishes to deviate from the Schematic ROW set forth contained in the Schematic Design, it must specifically identify such modifications in writing to TxDOT in accordance with Section 2.1.2.42.1.2.2, provide justification for the modification, and obtain specific written approval from TxDOT, in its sole discretion, prior to use of such modifications. Subject to Section 2.1.3.3, Developer must obtain TxDOT’s prior written approval to deviate from the Schematic Design unless the proposed modification meets all of the following: (a) is within the Schematic ROW and requires no additional right of way; (b) meets the requirements of the Technical Provisions; (c) requires no New Environmental Approval; (d) does not constitute a Design Exception or Design Waiver; and (e) is consistent with the design concepts included in the Proposal. Developer acknowledges and agrees that the requirements and constraints set forth in the Contract CDA Documents and in the Governmental Approvals, as well as Site conditions, will impact Developer’s ability to revise the concepts contained in the Schematic Design, in addition to the requirement to obtain approval. 3.3.2.2 Developer may rely on the Schematic ROW limits Basic Configuration elements as shown on the Schematic Design as representing a feasible design solution for the Project and that it is feasible to design and develop the Project within the Schematic ROW limits identified in the Schematic Design and Schematic ROW maps provided by TxDOT, and shall have the right to obtain a Change Order for certain increased costs incurred due to Necessary Basic Configuration Changes to the extent as provided in Section 13.8.613; provided, however, that Developer acknowledges that a “feasible to design and develop the Projectsolution” is not intended to mean or be limited to Developer’s design approach set forth in its Proposal or Developer’s preferred design approach. Developer may also rely upon the Schematic Design as a preliminary design basis for Project design, subject to terms and limitations of the CDA Documents. 3.3.2.3 Developer acknowledges that the Schematic Design is preliminary and subject to refinement through the Final Design process process, and that Developer is not entitled to any time extensions in connection with any changes in the Schematic Design, and Developer’s s entitlement to an increase in the Price or time extension in connection with any changes in the Schematic Design is limited to certain increased costs incurred as a result of Necessary Basic Configuration Changes to the extent allowed under Section 13.8.6Changes.

Schematic Design. 3.3.2.1 Developer 3.3.2.1. DB Contractor acknowledges and agrees that if Xxxxxxxxx DB Contractor wishes to deviate from the Schematic ROW set forth contained in the Schematic Design, it must specifically identify such modifications in writing to TxDOT in accordance with Section 2.1.2.4, provide justification for the modification, and obtain specific written approval from TxDOT, in its sole discretion, prior to use of such modifications. Subject to Section 2.1.3.3, Developer DB Contractor must obtain TxDOT’s prior written approval to deviate from the Schematic Design unless the proposed modification meets all of the following: (a) is within the Schematic ROW and requires no additional right of way; (b) meets the requirements of the Technical Provisions; (c) requires no New Environmental Approval; (d) does not constitute a Design Exception or Design Waiver; and (e) is consistent with the design concepts included in the Proposal. Developer DB Contractor acknowledges and agrees that the requirements and constraints set forth in the Contract Documents and in the Governmental Approvals, as well as Site conditions, will impact DeveloperDB Contractor’s ability to revise the concepts contained in the Schematic Design, in addition to the requirement to obtain approval. 3.3.2.2 Developer 3.3.2.2. DB Contractor may rely on the Schematic ROW limits as shown on the Schematic Design and that it is feasible to design and develop the Project within the Schematic ROW limits identified in the Schematic Design provided by TxDOT, and shall have the right to obtain a Change Order for certain increased costs incurred due to Necessary Basic Configuration Changes to the extent provided in Section 13.8.613.8.7; provided, however, that Developer DB Contractor acknowledges that “feasible to design and develop the Project” is not intended to mean or be limited to DeveloperDB Contractor’s design approach set forth in its Proposal or DeveloperDB Contractor’s preferred design approach. 3.3.2.3 Developer 3.3.2.3. DB Contractor acknowledges that the Schematic Design is preliminary and subject to refinement through the Final Design process and that Developer DB Contractor is not entitled to any time extensions in connection connections with any changes in the Schematic Design, and DeveloperDB Contractor’s s entitlement to an increase in the Price in connection with any changes in the Schematic Design is limited to certain increased costs incurred as a result of Necessary Basic Configuration Changes to the extent allowed under Section 13.8.613.8.7.

Schematic Design. 3.3.2.1 Developer acknowledges and agrees that if Xxxxxxxxx Developer wishes to deviate from the Schematic ROW set forth contained in the Schematic Design, it must specifically identify such modifications in writing to TxDOT in accordance with Section 2.1.2.4, provide justification for the modification, and obtain specific written approval from TxDOT, in its sole discretion, prior to use of such modifications. Subject to Section 2.1.3.32.1.2.3, Developer must obtain TxDOT’s prior written approval to deviate from the Schematic Design unless the proposed modification meets all of the following: (a) is within the Schematic ROW and requires no additional right of way; (b) meets the requirements of the Technical Provisions; (c) requires no New Environmental Approval; (d) does not constitute a Design Exception or Design Waiver; and (e) is consistent with the design concepts included in the Proposal. Developer acknowledges and agrees that the requirements and constraints set forth in the Contract Documents and in the Governmental Approvals, as well as Site conditions, will impact Developer’s ability to revise the concepts contained in the Schematic Design, in addition to the requirement to obtain approval. 3.3.2.2 Developer may rely on the Schematic ROW limits as shown on the Schematic Design and that it is feasible to design and develop the Project within the Schematic ROW limits identified in the Schematic Design provided by TxDOT, and shall have the right to obtain a Change Order for certain increased costs incurred due to Necessary Basic Configuration Changes to the extent provided in Section 13.8.6; provided, however, that Developer acknowledges that “feasible to design and develop the Project:” is not intended to mean or be limited to Developer’s design approach set forth in its Proposal or Developer’s preferred design approach. 3.3.2.3 Developer acknowledges that the Schematic Design is preliminary and subject to refinement through the Final Design process and that Developer is not entitled to any time extensions in connection with any changes in the Schematic Design, and Developer’s s entitlement to an increase in the Price in connection with any changes in the Schematic Design is limited to certain increased costs incurred as a result of Necessary Basic Configuration Changes to the extent allowed under Section 13.8.6.

Schematic Design. 3.3.2.1 Developer acknowledges and agrees that if Xxxxxxxxx wishes to deviate from the Schematic ROW set forth in the Schematic Design, it must specifically identify such modifications in writing to TxDOT in accordance with Section 2.1.2.4, provide justification for the modification, and obtain specific written approval from TxDOT, in its sole discretion, prior to use of such modifications. Subject to Section 2.1.3.3, Developer must obtain TxDOT’s prior written approval to deviate from the Schematic Design unless the proposed modification meets all of the followingfollowi ng: (a) is within the Schematic ROW and requires no additional right of way; (b) meets the requirements of the Technical Provisions; (c) requires no New Environmental Approval; (d) does not constitute a Design Exception or Design Waiver; and (e) is consistent with the design concepts included in the Proposal. Developer acknowledges and agrees that the requirements and constraints set forth in the Contract Documents and in the Governmental Approvals, as well as Site conditions, will impact Developer’s ability xxxxx xx to revise the concepts contained in the Schematic Design, in addition to the requirement to obtain approval. 3.3.2.2 Developer may rely on the Schematic ROW limits as shown on the Schematic Design and that it is feasible to design and develop the Project within the Schematic ROW limits identified in the Schematic Design provided by TxDOT, and shall have the right to obtain a Change Order for certain increased costs incurred due to Necessary Basic Configuration Changes to the extent provided in Section 13.8.6; provided, however, that Developer acknowledges that “feasible to design and develop the Project” is not intended to mean or be limited to Developer’s design approach set forth in its Proposal or Developer’s preferred design approach. 3.3.2.3 Developer acknowledges that the Schematic Design is preliminary and subject to refinement through the Final Design process and that Developer is not entitled to any time extensions in connection with any changes in the Schematic Design, and Developer’s s entitlement to an increase in the Price in connection with any changes in the Schematic Design is limited to certain increased costs incurred as a result of Necessary Basic Configuration Changes to the extent allowed under Section 13.8.6.