Common use of TxDOT Review and Comment Clause in Contracts

TxDOT Review and Comment. Whenever the Contract Documents indicate that a Submittal or other matter is subject to TxDOT’s review, comment, review and comment, disapproval or similar action not requiring TxDOT’s prior approval before Developer may act or proceed, and TxDOT delivers no comments, exceptions, objections, rejections or disapprovals within the applicable time period under Section 4.1.2, then Developer may proceed thereafter at its election and risk, without prejudice to TxDOT’s rights to later object or disapprove in accordance with Section 4.1.7(a). No such failure or delay by TxDOT in delivering comments, exceptions, objections, rejections or disapprovals within the applicable time period under Section 4.1.2 shall constitute a TxDOT-Caused Delay, entitle Developer to an adjustment to the Price or Completion Deadline(s), or form the basis of any other Claim. When used in the Contract Documents, the phrase “completion of the review and comment process” or similar terminology means either: (a) TxDOT has reviewed, provided comments, exceptions, objections, rejections or disapprovals, and all the same have been resolved, or (b) the applicable time period has passed without TxDOT providing any comments, exceptions, objections, rejections or disapprovals.

Appears in 12 contracts

Samples: Development Agreement, Development Agreement, Comprehensive Development Agreement

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TxDOT Review and Comment. Whenever the Contract Documents indicate that a Submittal or other matter is subject to TxDOT’s review, comment, review and comment, disapproval or similar action not requiring TxDOT’s prior approval before Developer DB Contractor may act or proceed, proceed and TxDOT delivers no comments, exceptions, objections, rejections or disapprovals within the applicable time period under Section 4.1.23.1.2, then Developer DB Contractor may proceed thereafter at its election and risk, without prejudice to TxDOT’s rights to later object or disapprove in accordance with Section 4.1.7(a)3.1. 7.1. No such failure or delay by TxDOT in delivering comments, exceptions, objections, rejections or disapprovals within the applicable time period under Section 4.1.2 3.1.2 shall constitute a TxDOT-Caused Delay, entitle Developer DB Contractor to an adjustment to the Price or Completion Deadline(s), or form the basis of any other Claim. When used in the Contract Documents, the phrase "completion of the review and comment process" or similar terminology means either: (a) TxDOT has reviewed, provided comments, exceptions, objections, rejections or disapprovals, and all the same have been resolved, or (b) the applicable time period has passed without TxDOT providing any comments, exceptions, objections, rejections or disapprovals.

Appears in 12 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

TxDOT Review and Comment. Whenever the Contract DBA Documents indicate that a Submittal or other matter is subject to TxDOT’s review, comment, review and comment, disapproval or similar action not requiring TxDOT’s prior approval before Developer DB Contractor may act or proceed, and TxDOT delivers no comments, exceptions, objections, rejections or disapprovals within the applicable time period under Section 4.1.23.1.2, then Developer DB Contractor may proceed thereafter at its election and risk, without prejudice to TxDOT’s rights to later object or disapprove in accordance with Section 4.1.7(a)3.1. 7.1. No such failure or delay by TxDOT in delivering comments, exceptions, objections, rejections or disapprovals within the applicable time period under Section 4.1.2 3.1.2 shall constitute a TxDOT-Caused Delay, entitle Developer DB Contractor to an adjustment to the Price or Completion Deadline(s), or form the basis of any other Claim. When used in the Contract DBA Documents, the phrase "completion of the review and comment process" or similar terminology means either: (a) TxDOT has reviewed, provided comments, exceptions, objections, rejections or disapprovals, and all the same have been resolved, or (b) the applicable time period has passed without TxDOT providing any comments, exceptions, objections, rejections or disapprovals.

Appears in 5 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

TxDOT Review and Comment. Whenever the Contract Documents indicate that a Submittal or other matter is subject to TxDOT’s review, comment, review and comment, disapproval or similar action not requiring TxDOT’s prior approval before Developer may act or proceed, and TxDOT delivers no comments, exceptions, objections, rejections or disapprovals within the applicable time period under Section 4.1.23.1.2, then Developer may proceed thereafter at its election and risk, without prejudice to TxDOT’s rights to later object or disapprove in accordance with Section 4.1.7(a)3.1. 7.1. No such failure or delay by TxDOT in delivering comments, exceptions, objections, rejections or disapprovals within the applicable time period under Section 4.1.2 3.1.2 shall constitute a TxDOT-Caused Delay, entitle Developer to an adjustment to the Price or Completion Deadline(s), or form the basis of any other Claim. When used in the Contract Documents, the phrase "completion of the review and comment process" or similar terminology means either: (a) TxDOT has reviewed, provided comments, exceptions, objections, rejections or disapprovals, and all the same have been resolved, or (b) the applicable time period has passed without TxDOT providing any comments, exceptions, objections, rejections or disapprovals.

Appears in 5 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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TxDOT Review and Comment. Whenever the Contract Documents indicate that a Submittal or other matter is subject to TxDOT’s review, comment, review and comment, disapproval or similar action not requiring TxDOT’s prior approval before Developer may act or proceed, proceed and TxDOT delivers no comments, exceptions, objections, rejections or disapprovals within the applicable time period under Section 4.1.23.1.2, then Developer may proceed thereafter at its election and risk, without prejudice to TxDOT’s rights to later object or disapprove in accordance with Section 4.1.7(a)3.1. 7.1. No such failure or delay by TxDOT in delivering comments, exceptions, objections, rejections or disapprovals within the applicable time period under Section 4.1.2 3.1.2 shall constitute a TxDOT-Caused Delay, entitle Developer to an adjustment to the Price or Completion Deadline(s), or form the basis of any other Claim. When used in the Contract Documents, the phrase "completion of the review and comment process" or similar terminology means either: (a) TxDOT has reviewed, provided comments, exceptions, objections, rejections or disapprovals, and all the same have been resolved, or (b) the applicable time period has passed without TxDOT providing any comments, exceptions, objections, rejections or disapprovals.

Appears in 5 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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