Common use of Time Extension for Unidentified Utilities Clause in Contracts

Time Extension for Unidentified Utilities. If DB Contractor encounters one or more Unidentified Utilities for which DB Contractor is entitled to compensation pursuant to Section 4.5 of the General Conditions, and the performance of the Utility Adjustments for such Unidentified Utilities results in delays to the Critical Path, such delay shall be borne equally by each Party (i.e., any affected Completion Deadline shall be extended by one day for every two full days of delay resulting from the performance of the Utility Adjustments for such Unidentified Utilities). If a delay as described in this Section 6.4.2 is concurrent with another delay which is DB Contractor’s responsibility hereunder, then the delay shall be borne 100% by DB Contractor. If a delay due to the discovery of an Unidentified Utility is concurrent with another delay for which DB Contractor is entitled to a time extension, the period of TxDOT’s responsibility for the delays shall run concurrently. The foregoing shall not preclude DB Contractor from obtaining a time extension with respect to New Utilities in accordance with Section 4.6.9.2.1 of the General Conditions. Except as otherwise expressly provided in this Section 6.4.2, no time extension will be allowed on account of the performance of Utility Adjustments for Unidentified Utilities. Relief pursuant to this Section 6.4.2 is subject to the restrictions and limitations set forth in Section 4.5 of the General Conditions and Section 4.6 of the General Conditions.

Time Extension for Unidentified Utilities. If DB Contractor encounters one or more Unidentified Utilities for which DB Contractor is entitled to compensation pursuant to Section 4.5 of the General Conditions6.8.1.2, and the performance of the Utility Adjustments for such Unidentified Utilities results in delays to the Critical Path, then DB Contractor shall be entitled to an extension of the applicable Completion Deadlines up to an aggregate amount of 90 days for all such delay delays. If aggregate delays to the Critical Path resulting from Unidentified Utilities exceed 90 days, then the risk of delays resulting from Unidentified Utilities in excess of 90 days shall be borne equally by each Party (i.e., any affected Completion Deadline shall be extended by one day for every two full days of delay resulting from the performance of the Utility Adjustments for such Unidentified Utilities)DB Contractor. If a delay as described in this Section 6.4.2 6.7.1.3 is concurrent with another delay which is DB Contractor’s responsibility hereunder, then the delay shall be borne 100% by DB Contractor. If a delay due to the discovery of an Unidentified Utility is concurrent with another delay for which DB Contractor is entitled to a time extension, the period of TxDOT’s responsibility for the delays shall run concurrently. The foregoing shall not preclude DB Contractor from obtaining a time extension with respect to New Utilities in accordance with Section 4.6.9.2.1 of the General Conditions6.8.1.1. Except as otherwise expressly provided in this Section 6.4.26.8.1, no time extension will be allowed on account of of: (a) any delays attributable to any inaccuracy(ies) in the Utility Strip Map; or (b) the performance of Utility Adjustments for Unidentified Utilities. Relief pursuant to this Section 6.4.2 is subject to the restrictions and limitations set forth in Section 4.5 of the General Conditions and Section 4.6 of the General Conditions.