Common use of Substantial Completion Deadline Clause in Contracts

Substantial Completion Deadline. 4.2.1.1. DB Contractor shall achieve Substantial Completion of the Project, including any Option Work upon TxDOT’s issuance of an Option Notice to Proceed for such Option Work, within the time frames established in Exhibit 2. Said date for achieving Substantial Completion, as it may be extended hereunder, is referred to herein as the “Substantial Completion Deadline”. 4.2.1.2. If TxDOT issues an Option Notice to Proceed for Option 1, the Substantial Completion Deadline will be extended by the number of days set forth in Exhibit 2. If TxDOT issues an Option Notice to Proceed for Option 2, the Substantial Completion Deadline will be extended by the number of days set forth in Exhibit 2. If TxDOT issues an Option Notice to Proceed for any or all of Options 3A-3I, the schedule for undertaking and completing such Option 3 Work shall be agreed upon by TxDOT and DB Contractor and set forth in the applicable Option Notice to Proceed, provided however, that (i) DB Contractor shall complete any Option 3 Work within the existing and proposed frontage roads no later than the Substantial Completion Deadline and (ii) the remainder of the Option 3 Work shall be completed no later than 900 days from issuance of such Option Notice to Proceed and any such extension shall be subject to the limitations on time extensions in Section 13.5.3. Further, the DB Contractor shall not be entitled to any compensation for any delay or disruption costs arising out of an extension of time in connection with an Option Notice to Proceed. Upon the timely issuance of any Option Notice to Proceed, DB Contractor shall immediately commence and diligently perform the Option Work in accordance with Section 4.1.6, and DB Contractor shall complete the Option Work on or before the Substantial Completion Deadline. 4.2.1.3. If TxDOT does not issue NTP2 before the 91st day following issuance of NTP1 and the delay is not caused in whole or in part by an act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of any DB Contractor-Related Entity (including DB Contractor’s failure to satisfy any particular condition(s) to NTP2), the Substantial Completion Deadline shall be extended by the number of days between the 91st day following issuance of NTP1 and the date on which TxDOT issues NTP2.

Appears in 3 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

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Substantial Completion Deadline. 4.2.1.1. DB Contractor shall achieve Substantial Completion of the Project, including any Option Work upon TxDOT’s issuance of an Option Notice to Proceed for such Option Work, within the time frames established in Exhibit 2. Said date for achieving Substantial Completion, as it may be extended hereunder, is referred to herein as the “Substantial Completion Deadline”. 4.2.1.2. If TxDOT issues an Option Notice to Proceed for Option 1, the Substantial Completion Deadline will be extended by the number of days set forth in Exhibit 240 days. If TxDOT issues an Option Notice to Proceed for Option 2, the Substantial Completion Deadline will be extended by the number of days set forth in Exhibit 250 days. If TxDOT issues an Option Notice to Proceed for any or all of Options 3A-3I, the schedule for undertaking and completing such Option 3 Work shall be agreed upon by TxDOT and DB Contractor and set forth in the applicable Option Notice to Proceed, provided however, that (i) DB Contractor shall complete any Option 3 Work within the existing and proposed frontage roads no later than the Substantial extension of a Completion Deadline and (ii) the remainder of the associated with such Option 3 Work shall be completed in no later than event exceed 900 days from issuance of such Option Notice to Proceed NTP1 and any such extension shall be subject to the limitations on time extensions in Section 13.5.3. Further, the DB Contractor shall not be entitled to any compensation for any delay or disruption costs arising out of an extension of time in connection with an Option Notice to Proceed. Upon the timely issuance of any Option Notice to Proceed, DB Contractor shall immediately commence and diligently perform the Option Work in accordance with Section 4.1.6, and DB Contractor shall complete the Option Work on or before the Substantial Completion Deadline. 4.2.1.3. If TxDOT does not issue NTP2 before the later of the 361st day after the Proposal Due Date or the 91st day following issuance of NTP1 and the delay is not caused in whole or in part by an act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval of any DB Contractor-Related Entity (including DB Contractor’s failure to satisfy any particular condition(s) to NTP2), the Substantial Completion Deadline shall be extended by the number of days between the 91st day following issuance of NTP1 and the date on which TxDOT issues NTP2.particular

Appears in 1 contract

Samples: Design Build Agreement

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