Common use of Time Periods Clause in Contracts

Time Periods. 6.3.2.1 Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 If any provision of the CDA Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periods. 6.3.2.4 If at any given time TxDOT or the Independent Engineer is in receipt of more than (a) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed in writing by TxDOT and Developer) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event or other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 and 7.3.1 of the Technical Provisions for maximum concurrent Utility Submittals, Submittals of Acquisition Packages and Submittals of Facility ROW maps, and for extensions of time in the case of Utility Submittals, Acquisition Packages and Facility ROW maps in excess of the maximum. 6.3.2.5 All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused by any Relief Event set forth in clauses (a), (b), (c), (e), (n) and (o) of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) or caused by delay of any Developer-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 TxDOT shall endeavor to reasonably accommodate a written request from Developer for expedited action on a specific Submittal, within the practical limitations on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types of Submittal in question; provided Developer sets forth in its request specific, abnormal circumstances demonstrating the need for expedited action. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.6.

Time Periods. 6.3.2.1 (a) Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed Submittal and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 (b) If any provision of the CDA Contract Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periodsperiod. 6.3.2.4 (c) If at any given time TxDOT or the Independent Engineer is in receipt of more than than: (ai) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed to in writing by TxDOT and Developer) that are subject to TxDOT’s review and comment or approval or (bii) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Contract Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Contract Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event entitle Developer to an adjustment to the Price or Completion Deadline(s) or form the basis of any other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (bii) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 4.1.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 and 7.3.1 of the Technical Provisions for maximum concurrent Utility Adjustment Submittals, Submittals of Acquisition Packages and Submittals of Facility Project ROW maps, and for extensions of time in the case of Utility Adjustment Submittals, Acquisition Packages and Facility Project ROW maps in excess of the maximum. 6.3.2.5 (d) All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused caused, in whole or in part, by any Relief Event set forth in clauses (a)the acts, (b)omissions, (c)negligence, (e)intentional misconduct, (n) and (o) or breach of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) Law, contract or caused Governmental Approval by delay of any Developer-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s(e) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 TxDOT shall endeavor to reasonably accommodate a written request from Developer for expedited action on a specific Submittal, within the practical limitations and based on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types type of Submittal in question; provided however that Developer sets forth in its request specific, abnormal circumstances demonstrating the need for expedited actionaction by TxDOT. This provision shall not apply, however, apply during any time described in Section 6.3.2.5 or 6.3.2.64.1.2(d).

Time Periods. 6.3.2.1 Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 If any provision of the CDA Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periods. 6.3.2.4 If at any given time TxDOT or the Independent Engineer is in receipt of more than (a) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed in writing by TxDOT and Developer) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event or other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 and 7.3.1 of the Technical Provisions for maximum concurrent Utility Submittals, Submittals of Acquisition Packages and Submittals of Facility Project ROW maps, and for extensions of time in the case of Utility Submittals, Acquisition Packages and Facility Project ROW maps in excess of the maximum. 6.3.2.5 All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused by any Relief Event set forth in clauses (a), (b), (c), (e), (n) and (o) of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) or caused by delay of any Developer-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the FacilityProject, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 TxDOT shall endeavor to reasonably accommodate a written request from Developer for expedited action on a specific Submittal, within the practical limitations on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types of Submittal in question; provided Developer sets forth in its request specific, abnormal circumstances demonstrating the need for expedited action. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.6.

Time Periods. 6.3.2.1 (a) Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed Submittal and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 (b) If any provision of the CDA Contract Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periodsperiod. 6.3.2.4 (c) If at any given time TxDOT or the Independent Engineer is in receipt of more than than: (ai) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed to in writing by TxDOT and Developer) that are subject to TxDOT’s review and comment or approval or (bii) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Contract Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Contract Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event entitle Developer to an adjustment to the Price or Completion Deadline(s) or form the basis of any other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (bii) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 4.1.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 7.2.4, 7.3.1 and 7.3.1 6.5.3 of the Technical Provisions for maximum concurrent Utility Adjustment Submittals, Submittals of Acquisition Packages and Submittals of Facility Project ROW maps, and for extensions of time in the case of Utility Adjustment Submittals, Acquisition Packages and Facility Project ROW maps in excess of the maximum. 6.3.2.5 (d) All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused caused, in whole or in part, by any Relief Event set forth in clauses (a)the acts, (b)omissions, (c)negligence, (e)intentional misconduct, (n) and (o) or breach of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) Law, contract or caused Governmental Approval by delay of any Developer-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s(e) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 TxDOT shall endeavor to reasonably accommodate a written request from Developer for expedited action on a specific Submittal, within the practical limitations and based on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types type of Submittal in question; provided however that Developer sets forth in its request specific, abnormal circumstances demonstrating the need for expedited actionaction by TxDOT. This provision shall not apply, however, apply during any time described in Section 6.3.2.5 or 6.3.2.64.1.2(d).

Time Periods. 6.3.2.1 3.1.2.1 Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed Submittal and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 3.1.2.2 If any provision of the CDA Contract Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periodsperiod. 6.3.2.4 3.1.2.3 If at any given time TxDOT or the Independent Engineer is in receipt of more than than: (a) ten twenty (20) concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed to in writing by TxDOT and Developer) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Contract Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Contract Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event entitle Developer to an adjustment to the Price or Completion Deadline(s) or form the basis of any other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 3.1.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 7.2.4, and 7.3.1 of the Technical Provisions for maximum concurrent Utility Adjustment Submittals, Submittals of Acquisition Packages and Submittals of Facility Project ROW maps, and for extensions of time in the case of Utility Adjustment Submittals, Acquisition Packages and Facility Project ROW maps in excess of the maximum. 6.3.2.5 3.1.2.4 All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused caused, in whole or in part, by any Relief Event set forth in clauses (a)the acts, (b)omissions, (c)negligence, (e)intentional misconduct, (n) and (o) or breach of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) Law, contract or caused Governmental Approval by delay of any Developer-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 3.1.2.5 TxDOT shall endeavor to reasonably accommodate a written request from Developer for expedited action on a specific Submittal, within the practical limitations and based on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types type of Submittal in question; provided provided, however, that Developer sets forth in its request specific, abnormal circumstances demonstrating the need for expedited actionaction by TxDOT. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.63.1.2.4.

Time Periods. 6.3.2.1 3.1.2.1 Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days 10 Business Days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed Submittal and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 3.1.2.2 If any provision of the CDA Contract Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periodsperiod. 6.3.2.4 3.1.2.3 If at any given time TxDOT or the Independent Engineer is in receipt of more than than: (a) ten twenty (20) concurrent Submittals in the aggregate (or other number of aggregate than Submittals governed by provisions in the Contract Documents that expressly specify a different maximum concurrent Submittals mutually agreed in writing by TxDOT and Developernumber) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Contract Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Contract Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event entitle DB Contractor to an adjustment to the Price or Completion Deadlines or form the basis of any other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 3.1.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer DB Contractor may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 7.2.4, and 7.3.1 of the Technical Provisions for maximum concurrent Utility Adjustment Submittals, Submittals of Acquisition Packages and Submittals of Facility Project ROW maps, and for extensions of time in the case of Utility Adjustment Submittals, Acquisition Packages and Facility Project ROW maps in excess of the maximum. 6.3.2.5 3.1.2.4 All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused caused, in whole or in part, by the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval by any Relief Event set forth in clauses (a), (b), (c), (e), (n) and (o) of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) or caused by delay of any DeveloperDB Contractor-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 3.1.2.5 TxDOT shall endeavor to reasonably accommodate a written request from Developer DB Contractor for expedited action on a specific Submittal, within the practical limitations and based on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types type of Submittal in question; provided Developer provided, however, that DB Contractor sets forth in its request specific, abnormal circumstances demonstrating the need for expedited actionaction by TxDOT. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.63.1.2.4.

Time Periods. 6.3.2.1 3.1.2.1 Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed Submittal and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 3.1.2.2 If any provision of the CDA Contract Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periodsperiod. 6.3.2.4 3.1.2.3 If at any given time TxDOT or the Independent Engineer is in receipt of more than than: (a) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed to in writing by TxDOT and Developer) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Contract Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Contract Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event entitle Developer to an adjustment to the Price or Completion Deadline(s) or form the basis of any other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 3.1.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 7.2.4, and 7.3.1 of the Technical Provisions for maximum concurrent Utility Adjustment Submittals, Submittals of Acquisition Packages and Submittals of Facility Project ROW maps, and for extensions of time in the case of Utility Adjustment Submittals, Acquisition Packages and Facility Project ROW maps in excess of the maximum. 6.3.2.5 3.1.2.4 All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused caused, in whole or in part, by any Relief Event set forth in clauses (a)the acts, (b)omissions, (c)negligence, (e)intentional misconduct, (n) and (o) or breach of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) Law, contract or caused Governmental Approval by delay of any Developer-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 3.1.2.5 TxDOT shall endeavor to reasonably accommodate a written request from Developer for expedited action on a specific Submittal, within the practical limitations and based on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types type of Submittal in question; provided however that Developer sets forth in its request specific, abnormal circumstances demonstrating the need for expedited actionaction by TxDOT. This provision shall not apply, however, apply during any time described in Section 6.3.2.5 or 6.3.2.63.1.2.

Time Periods. 6.3.2.1 3.1.2.1. Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a SubmittalSubmittal that does not relate to the Xxxxxxxx XxXxxxxxx Bike/Pedestrian Bridges, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete SubmittalSubmittal and all necessary information and documentation concerning the subject matter, together with except as otherwise provided below. Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a completed transmittal form in form Submittal that relates to be mutually agreed the Xxxxxxxx XxXxxxxxx Bike/Pedestrian Bridges, TxDOT shall have a period of 28 days to act after the date it receives an accurate and complete Submittal and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 3.1.2.2. If any provision of the CDA Contract Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periodsperiod. 6.3.2.4 3.1.2.3. If at any given time TxDOT or the Independent Engineer is in receipt of more than than: (a) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed in writing by TxDOT and DeveloperDB Contractor) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Contract Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Contract Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event entitle DB Contractor to an adjustment to the Price or Completion Deadline(s) or form the basis of any other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 and 7.3.1 of the Technical Provisions for maximum concurrent Utility Submittals, Submittals of Acquisition Packages and Submittals of Facility ROW maps, and for extensions of time in the case of Utility Submittals, Acquisition Packages and Facility ROW maps in excess of the maximum. 6.3.2.5 All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused by any Relief Event set forth in clauses (a), (b), (c), (e), (n) and (o) of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) or caused by delay of any Developer-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 TxDOT shall endeavor to reasonably accommodate a written request from Developer for expedited action on a specific Submittal, within the practical limitations on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types of Submittal in question; provided Developer sets forth in its request specific, abnormal circumstances demonstrating the need for expedited action. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.6.Section

Time Periods. 6.3.2.1 3.1.2.1 Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed Submittal and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 3.1.2.2 If any provision of the CDA Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periodsperiod. 6.3.2.4 3.1.2.3 If at any given time TxDOT or the Independent Engineer is in receipt of more than than: (a) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed in writing by TxDOT and Developer) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event entitle Developer to an adjustment to the Price or Completion Deadline(s) or form the basis of any other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 3.1.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 7.2.4, and 7.3.1 of 7.3.1of the Technical Provisions for maximum concurrent Utility Adjustment Submittals, Submittals of Acquisition Packages and Submittals of Facility Project ROW maps, and for extensions of time in the case of Utility Adjustment Submittals, Acquisition Packages and Facility Project ROW maps in excess of the maximum. 6.3.2.5 3.1.2.4 All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused caused, in whole or in part, by any Relief Event set forth in clauses (a)the acts, (b)omissions, (c)negligence, (e)intentional misconduct, (n) and (o) or breach of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) Law, contract or caused Governmental Approval by delay of any Developer-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 3.1.2.5 TxDOT shall endeavor to reasonably accommodate a written request from Developer for expedited action on a specific Submittal, within the practical limitations on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types of Submittal in question; provided Developer sets forth in its request specific, abnormal circumstances demonstrating the need for expedited action. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.63.1.2.4.

Time Periods. 6.3.2.1 Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 If any provision of the CDA Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periods. 6.3.2.4 If at any given time TxDOT or the Independent Engineer is in receipt of more than (a) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed in writing by TxDOT and Developer) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event or other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 and 7.3.1 of the Technical Provisions for maximum concurrent Utility Submittals, Submittals of Acquisition Packages and Submittals of Facility ROW maps, and for extensions of time in the case of Utility Submittals, Acquisition Packages and Facility ROW maps in excess of the maximum.concurrent 6.3.2.5 All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused by any Relief Event set forth in clauses (a), (b), (c), (e), (n) and (o) of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) or caused by delay of any Developer-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 TxDOT shall endeavor to reasonably accommodate a written request from Developer for expedited action on a specific Submittal, within the practical limitations on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types of Submittal in question; provided Developer sets forth in its request specific, abnormal circumstances demonstrating the need for expedited action. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.6.

Time Periods. 6.3.2.1 3.1.2.1 Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days 10 Business Days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed Submittal and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 3.1.2.2 If any provision of the CDA Contract Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periodsperiod. 6.3.2.4 3.1.2.3 If at any given time TxDOT or the Independent Engineer is in receipt of more than than: (a) ten twenty (20) concurrent Submittals in the aggregate (or other number of aggregate than Submittals governed by provisions in the Contract Documents that expressly specify a different maximum concurrent Submittals mutually agreed in writing by TxDOT and Developernumber) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Contract Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Contract Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event entitle DB Contractor to an adjustment to the Price or Completion Deadline(s) or form the basis of any other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 3.1.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer DB Contractor may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 7.2.4, and 7.3.1 of the Technical Provisions for maximum concurrent Utility Adjustment Submittals, Submittals of Acquisition Packages and Submittals of Facility Project ROW maps, and for extensions of time in the case of Utility Adjustment Submittals, Acquisition Packages and Facility Project ROW maps in excess of the maximum. 6.3.2.5 3.1.2.4 All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused caused, in whole or in part, by the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval by any Relief Event set forth in clauses (a), (b), (c), (e), (n) and (o) of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) or caused by delay of any DeveloperDB Contractor-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 3.1.2.5 TxDOT shall endeavor to reasonably accommodate a written request from Developer DB Contractor for expedited action on a specific Submittal, within the practical limitations and based on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types type of Submittal in question; provided Developer provided, however, that DB Contractor sets forth in its request specific, abnormal circumstances demonstrating the need for expedited actionaction by TxDOT. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.63.1.2.4.

Time Periods. 6.3.2.1 Whenever 3.1.2.1. If any provision of the DBA Documents expressly provides a time period for TxDOT to act in connection with an approval, such period shall control. If no time period is entitled provided, subject to review and comment on, or to affirmatively approve, a SubmittalSection 3.1.2.2, TxDOT shall have a period of 14 days to act after the date it receives receiving an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed Submittal and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 If any provision of the CDA Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periods. 6.3.2.4 3.1.2.2. If at any given time TxDOT or the Independent Engineer is in receipt of more than than: (a) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed in writing by TxDOT and DeveloperDB Contractor) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA DBA Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, circumstances or such other period of extension set forth in any other provision of the CDA Contract Documents, and no . No such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event entitle DB Contractor to an adjustment to the Price or Completion Deadline(s) or form the basis of any other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 3.1.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer DB Contractor may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 7.2.4, and 7.3.1 of the Technical Provisions for maximum concurrent Utility Adjustment Submittals, Submittals of Acquisition Packages and Submittals of Facility Project ROW maps, and for extensions of time in the case of Utility Adjustment Submittals, Acquisition Packages and Facility Project ROW maps in excess of the maximum. 6.3.2.5 3.1.2.3. All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused caused, in whole or in part, by the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval by any Relief Event set forth in clauses (a), (b), (c), (e), (n) and (o) of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) or caused by delay of any DeveloperDB Contractor-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 3.1.2.4. TxDOT shall endeavor to reasonably accommodate a written request from Developer DB Contractor for expedited action on a specific Submittal, within the practical limitations and based on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types type of Submittal in question; provided Developer however that DB Contractor sets forth in its request specific, abnormal circumstances demonstrating the need for expedited actionaction by TxDOT. This provision shall not apply, however, apply during any time described in Section 6.3.2.5 or 6.3.2.63.1.2.3.

Time Periods. 6.3.2.1 Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 If any provision of the CDA Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periods. 6.3.2.4 If at any given time TxDOT or the Independent Engineer is in receipt of more than (a) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed in writing by TxDOT and Developer) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event or other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 and 7.3.1 of the Technical Provisions for maximum concurrent Utility Submittals, Submittals of Acquisition Packages and Submittals of Facility ROW maps, and for extensions of time in the case of Utility Submittals, Acquisition Packages and Facility ROW maps in excess of the maximum.be 6.3.2.5 All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused by any Relief Event set forth in clauses (a), (b), (c), (e), (n) and (o) of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) or caused by delay of any Developer-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the FacilityProject, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 TxDOT shall endeavor to reasonably accommodate a written request from Developer for expedited action on a specific Submittal, within the practical limitations on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types of Submittal in question; provided Developer sets forth in its request specific, abnormal circumstances demonstrating the need for expedited action. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.6.

Time Periods. 6.3.2.1 Whenever 3.1.2.1. If any provision of the DBA Documents expressly provides a time period for TxDOT to act in connection with an approval, such period shall control. If no time period is entitled provided, subject to review and comment on, or to affirmatively approve, a SubmittalSection 3.1.2.2, TxDOT shall have a period of 14 days to act after the date it receives receiving an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed Submittal and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 If any provision of the CDA Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periods. 6.3.2.4 3.1.2.2. If at any given time TxDOT or the Independent Engineer is in receipt of more than than: (a) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed in writing by TxDOT and DeveloperDB Contractor) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA DBA Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, circumstances or such other period of extension set forth in any other provision of the CDA DBA Documents, and no . No such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event entitle DB Contractor to an adjustment to the Price or Completion Deadline(s) or form the basis of any other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 3.1.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer DB Contractor may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 7.2.4, and 7.3.1 of the Technical Provisions for maximum concurrent Utility Adjustment Submittals, Submittals of Acquisition Packages and Submittals of Facility Project ROW maps, and for extensions of time in the case of Utility Adjustment Submittals, Acquisition Packages and Facility Project ROW maps in excess of the maximum. 6.3.2.5 3.1.2.3. All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused caused, in whole or in part, by the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval by any Relief Event set forth in clauses (a), (b), (c), (e), (n) and (o) of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) or caused by delay of any DeveloperDB Contractor-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 3.1.2.4. TxDOT shall endeavor to reasonably accommodate a written request from Developer DB Contractor for expedited action on a specific Submittal, within the practical limitations and based on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types type of Submittal in question; provided Developer however that DB Contractor sets forth in its request specific, abnormal circumstances demonstrating the need for expedited actionaction by TxDOT. This provision shall not apply, however, apply during any time described in Section 6.3.2.5 or 6.3.2.63.1.2.3.

Time Periods. 6.3.2.1 Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer AgreementJoint Work Authorization, and except as specifically provided otherwise in the Independent Engineer AgreementJoint Work Authorization, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 If any provision of the CDA FA Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periods. 6.3.2.4 If at any given time TxDOT or the Independent Engineer is in receipt of more than (a) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed in writing by TxDOT and Developer) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA FA Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event or other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 and 7.3.1 of the Technical Provisions for maximum concurrent Utility Submittals, Submittals of Acquisition Packages and Submittals of Facility ROW maps, and for extensions of time in the case of Utility Submittals, Acquisition Packages and Facility ROW maps in excess of the maximum.set 6.3.2.5 All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused by any Relief Event set forth in clauses (a), (b), (c), (e), (n) and (o) of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) or caused by delay of any Developer-Developer- Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 TxDOT shall endeavor to reasonably accommodate a written request from Developer for expedited action on a specific Submittal, within the practical limitations on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types of Submittal in question; provided Developer sets forth in its request specific, abnormal circumstances demonstrating the need for expedited action. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.6.

Time Periods. 6.3.2.1 3.1.2.1. Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed Submittal and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 3.1.2.2. If any provision of the CDA DBA Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periodsperiod. 6.3.2.4 3.1.2.3. If at any given time TxDOT or the Independent Engineer is in receipt of more than than: (a) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed in writing by TxDOT and DeveloperDB Contractor) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA DBA Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA DBA Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event entitle DB Contractor to an adjustment to the Price or Completion Deadline(s) or form the basis of any other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 3.1.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer DB Contractor may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 and 7.3.1 Section 6.5.1 of the Technical Provisions for maximum concurrent Utility Adjustment Submittals, Submittals of Acquisition Packages and Submittals of Facility ROW maps, and for extensions of time in the case of Utility Adjustment Submittals, Acquisition Packages and Facility ROW maps in excess of the maximum. 6.3.2.5 3.1.2.4. All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused caused, in whole or in part, by the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval by any Relief Event set forth in clauses (a), (b), (c), (e), (n) and (o) of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) or caused by delay of any DeveloperDB Contractor-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 3.1.2.5. TxDOT shall endeavor to reasonably accommodate a written request from Developer DB Contractor for expedited action on a specific Submittal, within the practical limitations on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types of Submittal in question; provided Developer DB Contractor sets forth in its request specific, abnormal circumstances demonstrating the need for expedited action. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.63.1.2.4.

Time Periods. 6.3.2.1 3.1.2.1 Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed Submittal and all necessary ne cessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 3.1.2.2 If any provision of the CDA Contract Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periodsperiod. 6.3.2.4 3.1.2.3 If at any given time TxDOT or the Independent Engineer is in receipt of more than than: (a) ten twenty (20) concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed to in writing by TxDOT and Developer) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Contract Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Contract Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event entitle Developer to an adjustment to the Price or Completion Deadline(s) or form the basis of any other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 3.1.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent SubmittalsSubmittal s, Developer may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 7.2.4, and 7.3.1 of the Technical Provisions for maximum concurrent Utility Uti lity Adjustment Submittals, Submittals of Acquisition Packages and Submittals of Facility Project ROW maps, and for extensions of time in the case of Utility Adjustment Submittals, Acquisition Packages and Facility Project ROW maps in excess of the maximum. 6.3.2.5 3.1.2.4 All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused caused, in whole or in part, by any Relief Event set forth in clauses (a)the acts, (b)omissions, (c)negligence, (e)intentional misconduct, (n) and (o) or breach of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) Law, contract or caused Governmental Approval by delay of any Developer-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 3.1.2.5 TxDOT shall endeavor to reasonably accommodate a written request from Developer for expedited action on a specific Submittal, within the practical limitations and based on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types type of Submittal in question; provided provided, however, that Developer sets forth in its request specific, abnormal circumstances demonstrating the need for expedited actionaction by TxDOT. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.63.1.2.4.

Time Periods. 6.3.2.1 Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 If any provision of the CDA Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periods. 6.3.2.4 If at any given time TxDOT or the Independent Engineer is in receipt of more than (a) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed in writing by TxDOT and Developer) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event or other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 and 7.3.1 of the Technical Provisions for maximum concurrent Utility Submittals, Submittals of Acquisition Packages and Submittals of Facility ROW maps, and for extensions of time in the case of Utility Submittals, Acquisition Packages and Facility ROW maps in excess of the maximum.the 6.3.2.5 All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused by any Relief Event set forth in clauses (a), (b), (c), (e), (n) and (o) of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) or caused by delay of any Developer-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the FacilityProject, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 TxDOT shall endeavor to reasonably accommodate a written request from Developer for expedited action on a specific Submittal, within the practical limitations on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types of Submittal in question; provided Developer sets forth in its request specific, abnormal circumstances demonstrating the need for expedited action. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.6.

Time Periods. 6.3.2.1 3.1.2.1. Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a SubmittalSubmittal that does not relate to the Xxxxxxxx XxXxxxxxx Bike/Pedestrian Bridges, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete SubmittalSubmittal and all necessary information and documentation concerning the subject matter, together with except as otherwise provided below. Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a completed transmittal form in form Submittal that relates to be mutually agreed the Xxxxxxxx XxXxxxxxx Bike/Pedestrian Bridges, TxDOT shall have a period of 28 days to act after the date it receives an accurate and complete Submittal and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 3.1.2.2. If any provision of the CDA Contract Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periodsperiod. 6.3.2.4 3.1.2.3. If at any given time TxDOT or the Independent Engineer is in receipt of more than than: (a) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed in writing by TxDOT and DeveloperDB Contractor) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Contract Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Contract Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event entitle DB Contractor to an adjustment to the Price or Completion Deadline(s) or form the basis of any other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 3.1.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer DB Contractor may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 7.2.4, and 7.3.1 of the Technical Provisions for maximum concurrent Utility Adjustment Submittals, Submittals of Acquisition Packages and Submittals of Facility Project ROW maps, and for extensions of time in the case of Utility Adjustment Submittals, Acquisition Packages and Facility Project ROW maps in excess of the maximum. 6.3.2.5 3.1.2.4. All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused caused, in whole or in part, by the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval by any Relief Event set forth in clauses (a), (b), (c), (e), (n) and (o) of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) or caused by delay of any DeveloperDB Contractor-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 3.1.2.5. TxDOT shall endeavor to reasonably accommodate a written request from Developer DB Contractor for expedited action on a specific Submittal, within the practical limitations on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types of Submittal in question; provided Developer DB Contractor sets forth in its request specific, abnormal circumstances demonstrating the need for expedited action. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.63.1.2.4.

Time Periods. 6.3.2.1 Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 If any provision of the CDA Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periods. 6.3.2.4 If at any given time TxDOT or the Independent Engineer is in receipt of more than (a) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed in writing by TxDOT and Developer) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event or other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 and 7.3.1 of the Technical Provisions for maximum concurrent Utility Submittals, Submittals of Acquisition Packages and Submittals of Facility Project ROW maps, and for extensions of time in the case of Utility Submittals, Acquisition Packages and Facility Project ROW maps in excess of the maximum. 6.3.2.5 All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused by any Relief Event set forth in clauses (a), (b), (c), (e), (n) and (o) of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) or caused by delay of any Developer-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the FacilityProject, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 TxDOT shall endeavor to reasonably accommodate a written request from Developer for expedited action on a specific Submittal, within the practical limitations on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types of Submittal in question; provided Developer sets forth in its request specific, abnormal circumstances demonstrating the need for expedited action. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.6.abnormal

Time Periods. 6.3.2.1 Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 If any provision of the CDA Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periods. 6.3.2.4 If at any given time TxDOT or the Independent Engineer is in receipt of more than (a) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed in writing by TxDOT and Developer) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event or other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 and 7.3.1 of the Technical Provisions for maximum concurrent Utility Submittals, Submittals of Acquisition Packages and Submittals of Facility ROW maps, and for extensions of time in the case of Utility Submittals, Acquisition Packages and Facility ROW maps in excess of the maximum. 6.3.2.5 All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused by any Relief Event set forth in clauses (a), (b), (c), (e), (n) and (o) of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) or caused by delay of any Developer-Related Entity., 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 TxDOT shall endeavor to reasonably accommodate a written request from Developer for expedited action on a specific Submittal, within the practical limitations on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types of Submittal in question; provided Developer sets forth in its request specific, abnormal circumstances demonstrating the need for expedited action. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.6.

Time Periods. 6.3.2.1 Whenever TxDOT is entitled to review and comment on, or to affirmatively approve, a Submittal, TxDOT shall have a period of 14 days to act after the date it receives an accurate and complete Submittal, together with a completed transmittal form in form to be mutually agreed and all necessary information and documentation concerning the subject matter, except as otherwise provided below. 6.3.2.2 The time periods for the Independent Engineer to review and comment on a Submittal shall be as set forth in the Independent Engineer Agreement, and except as specifically provided otherwise in the Independent Engineer Agreement, shall be several days shorter than the time periods available to TxDOT, to enable TxDOT to take into consideration the comments and recommendations of the Independent Engineer before TxDOT delivers its own responses. 6.3.2.3 If any provision of the CDA Documents expressly provides a longer or shorter period for TxDOT or the Independent Engineer to act, such period shall control over the foregoing time periods. 6.3.2.4 If at any given time TxDOT or the Independent Engineer is in receipt of more than (a) ten concurrent Submittals in the aggregate (or other number of aggregate concurrent Submittals mutually agreed in writing by TxDOT and Developer) that are subject to TxDOT’s review and comment or approval or (b) the maximum number of concurrent Submittals of any particular type set forth in any other provision of the CDA Documents, TxDOT may extend the applicable period for it and the Independent Engineer to act to that period in which TxDOT and the Independent Engineer can reasonably accommodate the Submittals under the circumstances, or such other period of extension set forth in any other provision of the CDA Documents, and no such extension shall constitute a TxDOT-Caused Delay, TxDOT Change, Relief Event, Compensation Event or other basis for any Claim. However, if at any time TxDOT or the Independent Engineer is in receipt of some Submittals subject to clause (a) above and some Submittals subject to clause (b) above, then the higher number of Submittals shall be used to determine whether TxDOT may extend the applicable period. Submittals are deemed to be concurrent to the extent the review time periods available to TxDOT under this Section 6.3.2 regarding such Submittals overlap. Whenever TxDOT is in receipt of excess concurrent Submittals, Developer may establish by written notice to TxDOT and the Independent Engineer an order of priority for processing such Submittals; and TxDOT and the Independent Engineer shall comply with such order of priority. Refer to Sections 6.5.1, 7.2.4 and 7.3.1 of the Technical Provisions for maximum concurrent Utility Submittals, Submittals of Acquisition Packages and Submittals of Facility ROW maps, and for extensions of time in the case of Utility Submittals, Acquisition Packages and Facility ROW maps in excess of the maximum. 6.3.2.5 All time periods for TxDOT or the Independent Engineer to act shall be extended by the period of any delay caused by any Relief Event set forth in clauses (a), (b), (c), (e), (n) and (o) of the definition of Relief Event (for this purpose modified where applicable to refer to Developer acts rather than TxDOT) or caused by delay of any Developer-Related Entity. 6.3.2.6 During any time that TxDOT is entitled under Section 18.5 to increase the level of its and the Independent Engineer’s auditing, monitoring, inspection, sampling, measuring, testing and oversight of the Facility, the Utility Adjustments and Developer’s compliance with its obligations under this Agreement, the applicable period for TxDOT and the Independent Engineer to act on any Submittals received during such time and not related to curing the Developer Default(s) that instigated the Section 18.5 action shall automatically be extended by 14 days. 6.3.2.7 TxDOT shall endeavor to reasonably accommodate a written request from Developer for expedited action on a specific Submittal, within the practical limitations on availability of TxDOT and the Independent Engineer personnel appropriate for acting on the types of Submittal in question; provided Developer sets forth in its request specific, abnormal circumstances demonstrating the need for expedited action. This provision shall not apply, however, during any time described in Section 6.3.2.5 or 6.3.2.6.