TxDOT Assistance. TxDOT agrees to cooperate as reasonably requested by Xxxxxxxxx in pursuing Utility Agreements, including by attending negotiation sessions, providing information reasonably within TxDOT’s possession and reviewing Utility Agreements. Such cooperation shall not require TxDOT (a) to take a position which it believes to be inconsistent with the CDA Documents, the Project Management Plan (and component plans thereunder), applicable Law or Governmental Approvals, the requirements of Good Industry Practice or TxDOT policy or (b) to refrain from taking a position concurring with that of a Utility Owner if TxDOT believes that position to be correct. Developer shall cause every Utility Agreement to designate TxDOT as an intended third-party beneficiary thereof and to permit assignment of Developer’s right, title and interest thereunder to TxDOT without necessity for Utility Owner consent. Developer shall not enter into any agreement with a Utility Owner that purports to bind TxDOT in any way, unless TxDOT has executed such agreement as a party thereto (TxDOT’s signature indicating approval or review of an agreement between Developer and a Utility Owner, or its status as a third-party beneficiary, shall not satisfy this requirement).
TxDOT Assistance. TxDOT shall provide to Developer during normal working hours, reasonable access to plans, surveys, drawings, as-built drawings, specifications, reports and other documents and information in the possession of TxDOT or its contractors and consultants pertaining to Related Transportation Facilities. Developer, at its expense, shall have the right to make copies of the same. Developer, at its expense, shall conduct such other inspections, investigations, document searches, surveys and other work as may be necessary to identify the Related Transportation Facilities and achieve such compatibility, integration and transition. TxDOT shall provide reasonable assistance to Developer, upon Developer’s request and at Developer’s expense, in obtaining cooperation and coordination from third parties that own, manage, operate or maintain Related Transportation Facilities and in enforcing rights, remedies and warranties that Developer may have against any such third parties. Such assistance may include TxDOT’s participation in meetings and discussions. In no event shall TxDOT be required to bring any legal action or proceeding against any such third party.
