Common use of Time Extensions Clause in Contracts

Time Extensions. Subject to Section 4.6 of the General Conditions and this Section 6.9, DB Contractor shall be entitled to an extension of applicable Completion Deadlines for delays to a Critical Path attributable to the performance of presence/absence surveys at a Karst Feature required by Section 12.2.5.8 of the Design-Build Specifications, and the need to work around locations subject to temporary no-work restrictions due to performance of such surveys (“Karst Investigation Delay”). A Karst Investigation Delay begins on the date DB Contractor notifies TxDOT, in accordance with the Section 12.2.5.8 of the Design-Build Specifications, that a Karst Feature contains suitable habitat for endangered karst invertebrates and ends upon the earlier of (a) completion of the presence/absence surveys required under Section 12.2.5.8 of the Design-Build Specifications for such Karst Feature and (b) discovery of any species listed as a Threatened or Endangered Species at the Karst Feature location. DB Contractor shall bear 100% of the risk of Karst Investigation Delays up to 30 days per individual Karst Feature and up to a cumulative total of 60 days for all Karst Feature locations. If the Karst Investigation Delay exceeds 30 days for a particular Karst Feature, then the risk of such Karst Investigation Delay in excess of 30 days for that Karst Feature shall be borne by TxDOT. If aggregate Karst Investigation Delays for which DB Contractor is 100% responsible exceed 60 days, then the risk of Karst Investigation Delays in excess of 60 days shall be borne by TxDOT. If a Karst Investigation Delay is concurrent with another delay that is DB Contractor’s responsibility under the Design-Build Contract, then DB Contractor shall bear 100% of the risk of such Karst Investigation Delay and the delay to the Critical Path shall not be counted towards the 60-day aggregate cap described in this Section 6.9.5. If a Karst Investigation Delay at one location is concurrent with another Karst Investigation Delay at one or more other locations, the 30-day period of DB Contractor’s responsibility for the delays at the locations shall run concurrently and only one of the concurrent Karst Investigation Delays shall apply to the 60-day cap. The limitations on Karst Investigation Delays shall not preclude DB Contractor from obtaining a time extension with respect to an event that qualifies as an Other Relief Event under Section 4.6.9.3.2(b) of the General Conditions (that is, the discovery of any species listed as a Threatened or Endangered Species), which shall be deemed to have occurred at the time of discovery of such species.

Time Extensions. Subject to Section 4.6 of the General Conditions and this Section 6.9, DB Contractor shall be entitled to an extension of applicable Completion Deadlines for delays to a Critical Path attributable to the performance of presence/absence surveys at a Karst Feature required by Section 12.2.5.8 12.2.5.6 of the Design-Build Specifications, and the need to work around locations subject to temporary no-work restrictions due to performance of such surveys (“Karst Investigation Delay”). A Karst Investigation Delay begins on the date DB Contractor notifies TxDOT, in accordance with the Section 12.2.5.8 12.2.5.6 of the Design-Build Specifications, that a Karst Feature contains suitable habitat for endangered karst invertebrates and ends upon the earlier of (a) completion of the presence/absence surveys required under Section 12.2.5.8 12.2.5.6 of the Design-Design- Build Specifications for such Karst Feature and (b) discovery of any species listed as a Threatened or Endangered Species at the Karst Feature location. DB Contractor shall bear 100% of the risk of Karst Investigation Delays up to 30 days per individual Karst Feature and up to a cumulative total of 60 120 days for all Karst Feature locations. If the a Karst Investigation Delay exceeds 30 days for a particular Karst Feature, then the risk of such Karst Investigation Delay in excess of 30 days for that Karst Feature shall be borne by TxDOT. If aggregate Karst Investigation Delays for which DB Contractor is 100% responsible exceed 60 120 days, then the risk of Karst Investigation Delays in excess of 60 120 days shall be borne by TxDOT. If a Karst Investigation Delay is concurrent with another delay that is DB Contractor’s responsibility under the Design-Build Contract, then DB Contractor shall bear 100% of the risk of such Karst Investigation Delay and the delay to the Critical Path shall not be counted towards the 60-day aggregate cap described in this Section 6.9.5. If a Karst Investigation Delay at one location is concurrent with another Karst Investigation Delay at one or more other locations, the 30-day period of DB Contractor’s responsibility for the delays at the locations shall run concurrently and only one of the concurrent Karst Investigation Delays shall apply to the 60120-day cap. The limitations on Karst Investigation Investigations Delays shall not preclude DB Contractor from obtaining a time extension with respect to an event that qualifies as an Other Relief Event under Section 4.6.9.3.2(b) of the General Conditions (that is, the discovery of any species listed as a Threatened or Endangered Species), which shall be deemed to have occurred at the time of discovery of such species.

Time Extensions. Subject to Section 4.6 of the General Conditions and this Section 6.9, DB Contractor shall be entitled to extend applicable Completion Deadlines for delays to a Critical Path attributable to the development, review and approval of a Karst Feature Mitigation Plan for an Unknown Karst Feature (“Karst Plan Delay”). A Karst Plan Delay begins on the date DB Contractor notifies TCEQ and TxDOT of the discovery of an Unknown Karst Feature in accordance with the RID entitled “Karst Feature Discovery and Mitigation” and ends when the applicable Karst Feature Mitigation Plan is approved by TxDOT and TCEQ. DB Contractor shall bear 100% of the risk of Karst Plan Delays up to 35 days per individual Unknown Karst Feature and up to a cumulative total of 180 days for all Unknown Karst Features locations. If the Karst Plan Delay exceeds 35 days for a particular Unknown Karst Feature, then the risk of such Karst Plan Delay in excess of 35 days for that Unknown Karst Feature shall be borne by TxDOT. If aggregate Karst Plan Delays for which DB Contractor is 100% responsible exceed 180 days, then the risk of Karst Plan Delays in excess of 180 days shall be borne by TxDOT. If a Karst Plan Delay is concurrent with another delay that is DB Contractor’s responsibility under the Design-Build Contract, then DB Contractor shall bear 100% of the risk of such Karst Plan Delay and the delay to the Critical Path shall not be counted towards the 180-day aggregate cap described in this Section 6.9.3. If a Karst Plan Delay at one location is concurrent with another Karst Plan Delay at one or more other locations, the 35-day period of DB Contractor’s responsibility for the delays at the locations shall run concurrently and only one of the concurrent Karst Plan Delays shall apply to the 180-day cap. DB Contractor shall not be entitled to an extension of any Completion Deadlines for any delays resulting from the discovery of Unknown Karst Features prior to submission of a notice to both TxDOT and TCEQ of the discovery an Unknown Karst Feature in accordance with this Section 6.9.3. Subject to Section 4.6 of the General Conditions and this Section 6.9, DB Contractor shall be entitled to an extension of applicable Completion Deadlines for delays to a Critical Path attributable to the performance execution of presence/absence surveys at a an approved Karst Feature required by Section 12.2.5.8 of the Design-Build Specifications, and the need to work around locations subject to temporary no-work restrictions due to performance of such surveys Mitigation Plan for an Unknown Karst Feature (“Karst Investigation Mitigation Delay”). A Karst Investigation Mitigation Delay begins on the date DB Contractor notifies TxDOT, commences Karst Feature mitigation activities following approval of the Karst Feature Mitigation Plan for the applicable Unknown Karst Feature by TCEQ and TxDOT and ends when the DB Contractor completes such Karst Feature mitigation activities in accordance with the Section 12.2.5.8 of the Design-Build Specifications, that a Karst Feature contains suitable habitat for endangered karst invertebrates and ends upon the earlier of (a) completion of the presence/absence surveys required under Section 12.2.5.8 of the Design-Build Specifications for such Karst Feature and (b) discovery of any species listed as a Threatened or Endangered Species at the Karst Feature locationMitigation Plan. DB Contractor shall bear 100% of the The risk of Karst Investigation Mitigation Delays up to 30 days per individual Karst Feature and up to a cumulative total of 60 days for all Karst Feature locations. If the Karst Investigation Delay exceeds 30 days for a particular Karst Feature, then the risk of such Karst Investigation Delay in excess of 30 days for that Karst Feature shall be borne equally by TxDOT. If aggregate Karst Investigation Delays each Party (i.e., any affected Completion Deadline shall be extended by one day for which DB Contractor is 100% responsible exceed 60 days, then the risk every two full days of Karst Investigation Delays in excess of 60 days shall be borne by TxDOTMitigation Delays). If a Karst Investigation Mitigation Delay is concurrent with another delay that is DB Contractor’s responsibility under the Design-Build Contract, then DB Contractor shall bear 100% of the risk of such Karst Investigation Delay and the delay to the Critical Path shall not be counted towards the 60-day aggregate cap described in this Section 6.9.5Mitigation Delay. If a Karst Investigation Mitigation Delay at one location is concurrent with another Karst Investigation Mitigation Delay at one or more other locations, the 30-day period of DB Contractor’s responsibility for the delays at the locations shall run concurrently and only one each day of the such concurrent delay shall be deemed a single day of Karst Investigation Delays shall apply to the 60-day capMitigation Delay. The limitations on Karst Investigation Plan Delays and Karst Mitigation Delays shall not preclude DB Contractor from obtaining a time extension with respect to an event any Karst Feature that qualifies as an Other Relief Event under Section 4.6.9.3.2(b) of the General Conditions (that is, the discovery of any species listed as a Threatened or Endangered Species), which shall be deemed to have occurred at the time of discovery of such species.

Time Extensions. Subject to Section 4.6 of the General Conditions and this Section 6.9, DB Contractor shall be entitled to extend applicable Completion Deadlines for delays to a Critical Path attributable to the development, review and approval of a Karst Feature Mitigation Plan for an Unknown Karst Feature (“Karst Plan Delay”). A Karst Plan Delay begins on the date DB Contractor notifies TCEQ and TxDOT of the discovery of an Unknown Karst Feature in accordance with the RID entitled “Karst Feature Discovery and Mitigation” and ends when the applicable Karst Feature Mitigation Plan is approved by TxDOT and TCEQ. DB Contractor shall bear 100% of the risk of Karst Plan Delays up to 35 days per individual Unknown Karst Feature and up to a cumulative total of 180 days for all Unknown Karst Features locations. If the Karst Plan Delay exceeds 35 days for a particular Unknown Karst Feature, then the risk of such Karst Plan Delay in excess of 35 days for that Unknown Karst Feature shall be borne by TxDOT. If aggregate Karst Plan Delays for which DB Contractor is 100% responsible exceed 180 days, then the risk of Karst Plan Delays in excess of 180 days shall be borne by TxDOT. If a Karst Plan Delay is concurrent with another delay that is DB Contractor’s responsibility under the Design-Build Contract, then DB Contractor shall bear 100% of the risk of such Karst Plan Delay and the delay to the Critical Path shall not be counted towards the 180-day aggregate cap described in this Section 6.9.3. If a Karst Plan Delay at one location is concurrent with another Karst Plan Delay at one or more other locations, the 35-day period of DB Contractor’s responsibility for the delays at the locations shall run concurrently and only one of the concurrent Karst Plan Delays shall apply to the 180-day cap. If a Karst Plan Delay for which DB Contractor is entitled to a time extension is concurrent with another delay for which DB Contractor is also entitled to a time extension, only one of the delays shall be considered for purposes of the Change Order provisions in the Design-Build Contract. DB Contractor shall not be entitled to an extension of any Completion Deadlines for any delays resulting from the discovery of Unknown Karst Features prior to submission of a notice to both TxDOT and TCEQ of the discovery an Unknown Karst Feature in accordance with this Section 6.9.3. Subject to Section 4.6 of the General Conditions and this Section 6.9, DB Contractor shall be entitled to an extension of applicable Completion Deadlines for delays to a Critical Path attributable to the performance execution of presence/absence surveys at a an approved Karst Feature required by Section 12.2.5.8 of the Design-Build Specifications, and the need to work around locations subject to temporary no-work restrictions due to performance of such surveys Mitigation Plan for an Unknown Karst Feature (“Karst Investigation Mitigation Delay”). A Karst Investigation Mitigation Delay begins on the date DB Contractor notifies TxDOT, commences Karst Feature mitigation activities following approval of the Karst Feature Mitigation Plan for the applicable Unknown Karst Feature by TCEQ and TxDOT and ends when the DB Contractor completes such Karst Feature mitigation activities in accordance with the Section 12.2.5.8 of the Design-Build Specifications, that a Karst Feature contains suitable habitat for endangered karst invertebrates and ends upon the earlier of (a) completion of the presence/absence surveys required under Section 12.2.5.8 of the Design-Build Specifications for such Karst Feature and (b) discovery of any species listed as a Threatened or Endangered Species at the Karst Feature locationMitigation Plan. DB Contractor shall bear 100% of the The risk of Karst Investigation Mitigation Delays up to 30 days per individual Karst Feature and up to a cumulative total of 60 days for all Karst Feature locations. If the Karst Investigation Delay exceeds 30 days for a particular Karst Feature, then the risk of such Karst Investigation Delay in excess of 30 days for that Karst Feature shall be borne equally by TxDOT. If aggregate Karst Investigation Delays each Party (i.e., any affected Completion Deadline shall be extended by one day for which DB Contractor is 100% responsible exceed 60 days, then the risk every two full days of Karst Investigation Delays in excess of 60 days shall be borne by TxDOTMitigation Delays). If a Karst Investigation Mitigation Delay is concurrent with another delay that is DB Contractor’s responsibility under the Design-Build Contract, then DB Contractor shall bear 100% of the risk of such Karst Investigation Delay and the delay to the Critical Path shall not be counted towards the 60-day aggregate cap described in this Section 6.9.5Mitigation Delay. If a Karst Investigation Mitigation Delay at one location is concurrent with another Karst Investigation Mitigation Delay at one or more other locations, the 30-day period of DB Contractor’s responsibility for the delays at the locations shall run concurrently and each day of such concurrent delay shall be deemed a single day of Karst Mitigation Delay. If a Karst Mitigation Delay for which DB Contractor is entitled to a time extension is concurrent with another delay for which DB Contractor is also entitled to a time extension, only one of the concurrent Karst Investigation Delays delays shall apply to be considered for purposes of the 60Change Order provisions in the Design-day capBuild Contract. The limitations on Karst Investigation Plan Delays and Karst Mitigation Delays shall not preclude DB Contractor from obtaining a time extension with respect to an event any Karst Feature that qualifies as an Other Relief Event under Section 4.6.9.3.2(b) of the General Conditions (that is, the discovery of any species listed as a Threatened or Endangered Species), which shall be deemed to have occurred at the time of discovery of such species.

Time Extensions. Subject to Section 4.6 of the General Conditions and this Section 6.9, DB Contractor shall be entitled to extend applicable Completion Deadlines for delays to a Critical Path attributable to the development, review and approval of a Karst Feature Mitigation Plan for an Unknown Karst Feature (“Karst Plan Delay”). A Karst Plan Delay begins on the date DB Contractor notifies TCEQ and TxDOT of the discovery of an Unknown Karst Feature in accordance with the RID entitled “Karst Feature Discovery and Mitigation” and ends when the applicable Karst Feature Mitigation Plan is approved by TxDOT and TCEQ. DB Contractor shall bear 100% of the risk of Karst Plan Delays up to 35 days per individual Unknown Karst Feature and up to a cumulative total of 180 days for all Unknown Karst Features locations. If the Karst Plan Delay exceeds 35 days for a particular Unknown Karst Feature, then the risk of such Karst Plan Delay in excess of 35 days for that Unknown Karst Feature shall be borne by XxXXX. If aggregate Karst Plan Delays for which DB Contractor is 100% responsible exceed 180 days, then the risk of Karst Plan Delays in excess of 180 days shall be borne by TxDOT. If a Karst Plan Delay is concurrent with another delay that is DB Contractor’s responsibility under the Design-Build Contract, then DB Contractor shall bear 100% of the risk of such Karst Plan Delay and the delay to the Critical Path shall not be counted towards the 180-day aggregate cap described in this Section 6.9.3. If a Karst Plan Delay at one location is concurrent with another Karst Plan Delay at one or more other locations, the 35-day period of DB Contractor’s responsibility for the delays at the locations shall run concurrently and only one of the concurrent Karst Plan Delays shall apply to the 180-day cap. If a Karst Plan Delay for which DB Contractor is entitled to a time extension is concurrent with another delay for which DB Contractor is also entitled to a time extension, only one of the delays shall be considered for purposes of the Change Order provisions in the Design-Build Contract. DB Contractor shall not be entitled to an extension of any Completion Deadlines for any delays resulting from the discovery of Unknown Karst Features prior to submission of a notice to both TxDOT and TCEQ of the discovery an Unknown Karst Feature in accordance with this Section 6.9.3. Subject to Section 4.6 of the General Conditions and this Section 6.9, DB Contractor shall be entitled to an extension of applicable Completion Deadlines for delays to a Critical Path attributable to the performance execution of presence/absence surveys at a an approved Karst Feature required by Section 12.2.5.8 of the Design-Build Specifications, and the need to work around locations subject to temporary no-work restrictions due to performance of such surveys Mitigation Plan for an Unknown Karst Feature (“Karst Investigation Mitigation Delay”). A Karst Investigation Mitigation Delay begins on the date DB Contractor notifies TxDOT, commences Karst Feature mitigation activities following approval of the Karst Feature Mitigation Plan for the applicable Unknown Karst Feature by TCEQ and TxDOT and ends when the DB Contractor completes such Karst Feature mitigation activities in accordance with the Section 12.2.5.8 of the Design-Build Specifications, that a Karst Feature contains suitable habitat for endangered karst invertebrates and ends upon the earlier of (a) completion of the presence/absence surveys required under Section 12.2.5.8 of the Design-Build Specifications for such Karst Feature and (b) discovery of any species listed as a Threatened or Endangered Species at the Karst Feature locationMitigation Plan. DB Contractor shall bear 100% of the The risk of Karst Investigation Mitigation Delays up to 30 days per individual Karst Feature and up to a cumulative total of 60 days for all Karst Feature locations. If the Karst Investigation Delay exceeds 30 days for a particular Karst Feature, then the risk of such Karst Investigation Delay in excess of 30 days for that Karst Feature shall be borne equally by TxDOT. If aggregate Karst Investigation Delays each Party (i.e., any affected Completion Deadline shall be extended by one day for which DB Contractor is 100% responsible exceed 60 days, then the risk every two full days of Karst Investigation Delays in excess of 60 days shall be borne by TxDOTMitigation Delays). If a Karst Investigation Mitigation Delay is concurrent with another delay that is DB Contractor’s responsibility under the Design-Build Contract, then DB Contractor shall bear 100% of the risk of such Karst Investigation Delay and the delay to the Critical Path shall not be counted towards the 60-day aggregate cap described in this Section 6.9.5Mitigation Delay. If a Karst Investigation Mitigation Delay at one location is concurrent with another Karst Investigation Mitigation Delay at one or more other locations, the 30-day period of DB Contractor’s responsibility for the delays at the locations shall run concurrently and each day of such concurrent delay shall be deemed a single day of Karst Mitigation Delay. If a Karst Mitigation Delay for which DB Contractor is entitled to a time extension is concurrent with another delay for which DB Contractor is also entitled to a time extension, only one of the concurrent Karst Investigation Delays delays shall apply to be considered for purposes of the 60Change Order provisions in the Design-day capBuild Contract. The limitations on Karst Investigation Plan Delays and Karst Mitigation Delays shall not preclude DB Contractor from obtaining a time extension with respect to an event any Karst Feature that qualifies as an Other Relief Event under Section 4.6.9.3.2(b) of the General Conditions (that is, the discovery of any species listed as a Threatened or Endangered Species), which shall be deemed to have occurred at the time of discovery of such species.

Time Extensions. Subject to Section 4.6 of the General Conditions and this Section 6.9, DB Contractor shall be entitled to extend applicable Completion Deadlines for delays to a Critical Path attributable to the development, review and approval of a Karst Feature Mitigation Plan for an Unknown Karst Feature (“Karst Plan Delay”). A Karst Plan Delay begins on the date DB Contractor notifies TCEQ and TxDOT of the discovery of an Unknown Karst Feature in accordance with the RID entitled “Karst Feature Discovery and Mitigation” and ends when the applicable Karst Feature Mitigation Plan is approved by TxDOT and TCEQ. DB Contractor shall bear 100% of the risk of Karst Plan Delays up to 35 days per individual Unknown Karst Feature and up to a cumulative total of 180 days for all Unknown Karst Features locations. If the Karst Plan Delay exceeds 35 days for a particular Unknown Karst Feature, then the risk of such Karst Plan Delay in excess of 35 days for that Unknown Karst Feature shall be borne by TxDOT. If aggregate Karst Plan Delays for which DB Contractor is 100% responsible exceed 180 days, then the risk of Karst Plan Delays in excess of 180 days shall be borne by TxDOT. If a Karst Plan Delay is concurrent with another delay that is DB Contractor’s responsibility under the Design-Build Contract, then DB Contractor shall bear 100% of the risk of such Karst Plan Delay and the delay to the Critical Path shall not be counted towards the 180-day aggregate cap described in this Section 6.9.3. If a Karst Plan Delay at one location is concurrent with another Karst Plan Delay at one or more other locations, the 35- day period of DB Contractor’s responsibility for the delays at the locations shall run concurrently and only one of the concurrent Karst Plan Delays shall apply to the 180-day cap. DB Contractor shall not be entitled to an extension of any Completion Deadlines for any delays resulting from the discovery of Unknown Karst Features prior to submission of a notice to both TxDOT and TCEQ of the discovery an Unknown Karst Feature in accordance with this Section 6.9.3. Subject to Section 4.6 of the General Conditions and this Section 6.9, DB Contractor shall be entitled to an extension of applicable Completion Deadlines for delays to a Critical Path attributable to the performance execution of presence/absence surveys at a an approved Karst Feature required by Section 12.2.5.8 of the Design-Build Specifications, and the need to work around locations subject to temporary no-work restrictions due to performance of such surveys Mitigation Plan for an Unknown Karst Feature (“Karst Investigation Mitigation Delay”). A Karst Investigation Mitigation Delay begins on the date DB Contractor notifies TxDOT, commences Karst Feature mitigation activities following approval of the Karst Feature Mitigation Plan for the applicable Unknown Karst Feature by TCEQ and TxDOT and ends when the DB Contractor completes such Karst Feature mitigation activities in accordance with the Section 12.2.5.8 of the Design-Build Specifications, that a Karst Feature contains suitable habitat for endangered karst invertebrates and ends upon the earlier of (a) completion of the presence/absence surveys required under Section 12.2.5.8 of the Design-Build Specifications for such Karst Feature and (b) discovery of any species listed as a Threatened or Endangered Species at the Karst Feature locationMitigation Plan. DB Contractor shall bear 100% of the The risk of Karst Investigation Mitigation Delays up to 30 days per individual Karst Feature and up to a cumulative total of 60 days for all Karst Feature locations. If the Karst Investigation Delay exceeds 30 days for a particular Karst Feature, then the risk of such Karst Investigation Delay in excess of 30 days for that Karst Feature shall be borne equally by TxDOT. If aggregate Karst Investigation Delays each Party (i.e., any affected Completion Deadline shall be extended by one day for which DB Contractor is 100% responsible exceed 60 days, then the risk every two full days of Karst Investigation Delays in excess of 60 days shall be borne by TxDOTMitigation Delays). If a Karst Investigation Mitigation Delay is concurrent with another delay that is DB Contractor’s responsibility under the Design-Build Contract, then DB Contractor shall bear 100% of the risk of such Karst Investigation Delay and the delay to the Critical Path shall not be counted towards the 60-day aggregate cap described in this Section 6.9.5Mitigation Delay. If a Karst Investigation Mitigation Delay at one location is concurrent with another Karst Investigation Mitigation Delay at one or more other locations, the 30-day period of DB Contractor’s responsibility for the delays at the locations shall run concurrently and only one each day of the such concurrent delay shall be deemed a single day of Karst Investigation Delays shall apply to the 60-day capMitigation Delay. The limitations on Karst Investigation Plan Delays and Karst Mitigation Delays shall not preclude DB Contractor from obtaining a time extension with respect to an event any Karst Feature that qualifies as an Other Relief Event under Section 4.6.9.3.2(b) of the General Conditions (that is, the discovery of any species listed as a Threatened or Endangered Species), which shall be deemed to have occurred at the time of discovery of such species.