Time of Essence; Notices to Proceed Sample Clauses

Time of Essence; Notices to Proceed. 4.1.1 As a material consideration for entering into this Agreement, Developer hereby commits, and TxDOT is relying upon Developer's commitment, to develop the Project in accordance with the time periods set forth in this Agreement. Except where this Agreement expressly provides for an extension of time, the time limitations set forth in the Contract Documents for Developer's performance of its covenants, conditions and obligations are of the essence, and Developer waives any right at law or in equity to tender or complete performance beyond the applicable time period, or to require TxDOT to accept such performance. 4.1.2 Authorization allowing Xxxxxxxxx to proceed with Work hereunder shall be provided through TxDOT’s issuance of NTP1 and NTP2. 4.1.3 TxDOT anticipates issuing NTP1 concurrently with execution and delivery of this Agreement. Issuance of NTP1 authorizes Developer to perform (or, continue performance of) the portion of the Work necessary to obtain TxDOT’s approval of the component parts, plans and documentation of the Project Management Plan that are labeled “A” in the column titled “Required By” in Attachment 2-1 to the Technical Provisions. It also authorizes Developer to enter the Project Right of Way TxDOT owns in order to conduct surveys and site investigations, including geotechnical, Hazardous Materials and Utilities investigations, and to commence negotiating Utility Agreements with Utility Owners. Developer, however, shall not execute any Project Utility Adjustment Agreement until NTP2. Refer to Sections 12.1.4 and 15.9 regarding a Price adjustment to be made in certain circumstances if the effective date of the NTP1 is later than 180 days after the Proposal Due Date, and regarding Xxxxxxxxx’s remedies for certain delays in issuance of NTP1 beyond 365 days after the Effective Date. 4.1.4 TxDOT anticipates issuing NTP2 concurrently with TxDOT’s approval of all the foregoing component parts, plans and documentation of the Project Management Plan and the Project Schedule. Issuance of NTP2 authorizes Developer to perform all other Work and activities pertaining to the Project. 4.1.5 Notwithstanding Section 4.1.4, Developer may request that TxDOT issue NTP2 prior to approval of all the component parts, plans and documentation of the Project Management Plan and the Project Schedule. In such event, TxDOT may, in its sole discretion, elect to issue NTP2 prior to satisfaction by Developer of any particular condition(s) to NTP2. TxDOT may condit...
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Time of Essence; Notices to Proceed. 4.1.1 As a material consideration for entering into this Agreement, DB Contractor hereby commits, and TxDOT is relying upon DB Contractor's commitment, to design and construct the Project in accordance with the time periods set forth in this Agreement. Except where this Agreement expressly provides for an extension of time, the
Sample 1Sample 2Sample 3
Time of Essence; Notices to Proceed. 4.1.1 Time is of the essence in this Agreement. Except where this DBA expressly
Sample 1Sample 2
Time of Essence; Notices to Proceed. 4.1.1 As a material consideration for entering into this Agreement, DB Contractor hereby commits, and TxDOT is relying upon DB Contractor'’s commitment, to design and construct the Project in accordance with the time periods set forth in this Agreement. Except where this Agreement expressly provides for an extension of time, the time limitations set forth in the Contract Documents for DB Contractor'’s performance of its covenants, conditions and obligations are of the essence, and DB Contractor waives any right at law or in equity to tender or complete performance beyond the applicable time period, or to require TxDOT to accept such performance.
Sample 1
Time of Essence; Notices to Proceed. 4.1.1 As a material consideration for entering into this Agreement, Developer 4.1.2 Authorization allowing Developer to proceed with Work hereunder shall be 4.1.3 TxDOT anticipates issuing NTP1 concurrently with execution and delivery
Sample 1
Time of Essence; Notices to Proceed. 4.1.1 As a material consideration for entering into this DBA, DB Contractor hereby commits, and TxDOT is relying upon DB Contractor’s commitment, to develop the Project in accordance with the time periods set forth in this DBA. Except where this DBA expressly provides for an extension of time or where Liquidated Damages are payable by
Sample 1
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Time of Essence; Notices to Proceed. 4.1.1 As a material consideration for entering into this DBA, DB Contractor hereby commits, and TxDOT is relying upon DB Contractor’s commitment, to develop the Project in accordance with the time periods set forth in this DBA. Except where this DBA expressly provides for an extension of time or where Liquidated Damages are payable by DB Contractor with respect to missed Completion Deadlines, the time limitations set forth in the DBA Documents for DB Contractor's performance of its covenants, conditions and obligations are of the essence, and DB Contractor waives any right at law or in equity to
Sample 1

Related to Time of Essence; Notices to Proceed

  • Time of Essence Time is of the essence of this Agreement.

  • Notice to Proceed Work shall not commence on this Project until the Director has issued a written Notice to Proceed to the Recipient. Such Notice will not be issued until the Director is assured that the Recipient has complied with the Recipient's responsibilities concerning OEPA plan approval, when applicable. A Notice to Proceed shall be required for all project prime contractors or direct procurement initiated by the Recipient following execution of this Agreement.

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