Common use of TxDOT Support Request Clause in Contracts

TxDOT Support Request. Concurrent with the notice described in Section 11.6.1, Developer may request TxDOT’s support to obtain the Utility Owner’s cooperation or resolve the dispute. In such case, Developer shall also provide evidence reasonably satisfactory to TxDOT that (a) the subject Utility Adjustment is necessary, (b) the time for completion of the Utility Adjustment in the Project Schedule was, in its inception, a reasonable amount of time for completion of such work, (c) Developer’s position in the dispute is otherwise reasonable, (d) Developer has made diligent efforts to obtain the Utility Owner’s cooperation, and (e) the Utility Owner is not cooperating. Following TxDOT’s receipt of satisfactory evidence, TxDOT shall take such reasonable steps as may be requested by Developer to obtain the cooperation of the Utility Owner or resolve the dispute; however, TxDOT shall have no obligation to prosecute eminent domain or other legal proceedings, or to exercise any other remedy available to it under applicable Law or existing contract, unless TxDOT elects to do so in its discretion. If TxDOT holds contractual rights that might be used to enforce the Utility Owner’s obligation to cooperate and TxDOT elects in its discretion not to exercise those rights, then TxDOT shall assign those rights to Developer upon Developer’s request; however, such assignment shall be without any representation or warranty as to either the assignability or the enforceability of such rights. Developer shall reimburse TxDOT for TxDOT’s Recoverable Costs in connection with providing such support to Developer. Any support TxDOT provides shall not relieve Developer of its sole responsibility for satisfactory compliance with its obligations and timely completion of all Utility Adjustment Work, except as otherwise expressly set forth herein. If the reason for the Utility Owner’s alleged lack of cooperation is a disagreement with modifications made by Developer to the form Utility Agreement in accordance with Section 11.2.1, TxDOT’s approval of the Deviation shall not be construed as confirmation that Xxxxxxxxx’s position in the dispute is reasonable. In no event shall TxDOT’s obligations pursuant to this Section 11.6.2 require TxDOT (i) 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 Approval(s), the requirements of Good Industry Practice, or TxDOT policy, or (ii) to refrain from taking a position concurring with that of a Utility Owner, if TxDOT believes that position to be correct. If TxDOT objects to a request for support under this Section 11.6.2, Developer may address the reasons for the objections and re-submit the request; but where the objection is because Developer has not yet made diligent efforts to obtain the Utility Owner’s cooperation, Developer shall first make such diligent efforts and may not re- submit such request for at least 10 days after the objection by TxDOT.

TxDOT Support Request. Concurrent with the notice described in Section 11.6.1, Developer may request TxDOT’s support to obtain the Utility Owner’s cooperation or resolve the dispute. In such case, Developer shall also provide evidence reasonably satisfactory to TxDOT that (a) the subject Utility Adjustment is necessary, (b) the time for completion of the Utility Adjustment in the Project Schedule was, in its inception, a reasonable amount of time for completion of such work, (c) Developer’s position in the dispute is otherwise reasonable, (d) Developer has made diligent efforts to obtain the Utility Owner’s cooperation, and (e) the Utility Owner is not cooperating. Following TxDOT’s receipt of satisfactory evidence, TxDOT shall take such reasonable steps as may be requested by Developer to obtain the cooperation of the Utility Owner or resolve the dispute; however, TxDOT shall have no obligation to prosecute eminent domain or other legal proceedings, or to exercise any other remedy available to it under applicable Law or existing contract, unless TxDOT elects to do so in its discretion. If TxDOT holds contractual rights that might be used to enforce the Utility Owner’s obligation to cooperate and TxDOT elects in its discretion not to exercise those rights, then TxDOT shall assign those rights to Developer upon Developer’s request; however, such assignment shall be without any representation or warranty as to either the assignability or the enforceability of such rights. Developer shall reimburse TxDOT for TxDOT’s Recoverable Costs in connection with providing such support to Developer. Any support TxDOT provides shall not relieve Developer of its sole responsibility for satisfactory compliance with its obligations and timely completion of all Utility Adjustment Work, except as otherwise expressly set forth herein. If the reason for the Utility Owner’s alleged lack of cooperation is a disagreement with modifications made by Developer to the form Utility Agreement in accordance with Section 11.2.1, TxDOT’s approval of the Deviation shall not be construed as confirmation that XxxxxxxxxDeveloper’s position in the dispute is reasonable. In no event shall TxDOT’s obligations pursuant to this Section 11.6.2 require TxDOT (i) 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 Approval(s), the requirements of Good Industry Practice, or TxDOT policy, or (ii) to refrain from taking a position concurring with that of a Utility Owner, if TxDOT believes that position to be correct. If TxDOT objects to a request for support under this Section 11.6.2, Developer may address the reasons for the objections and re-submit the request; but where the objection is because Developer has not yet made diligent efforts to obtain the Utility Owner’s cooperation, Developer shall first make such diligent efforts and may not re- submit such request for at least 10 days after the objection by TxDOT.