Utility Accommodation. 8.1.5.1 It is anticipated that during the course of the Operating Period, from time to time Utility Owners will apply for additional utility permits to install new Utilities that would cross or longitudinally occupy the Project Right of Way, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Right of Way. In such circumstances, the provisions of Section 7.5.8 shall apply, including the application of Section 11.2 to those circumstances where TxDOT is pursuing a Business Opportunity involving a Utility in the Project Right of Way.
8.1.5.2 Throughout the Operating Period, Developer shall monitor Utilities and Utility Owners within the Project Right of Way for compliance with applicable utility permits, Utility Joint Use Acknowledgments/Agreements, easements, the Utility Accommodation Rules and other applicable Law, and shall use diligent efforts to obtain the cooperation of each Utility Owner having Utilities within the Project Right of Way. If (a) Developer reasonably believes that any Utility Owner is not complying with the terms of a utility permit, Utility Joint Use Acknowledgment/Agreement, easement, the Utility Accommodation Rules or other applicable Law affecting a Utility within the Project Right of Way, or (b) any other dispute arises between Developer and a Utility Owner with respect to a Utility within the Project Right of Way, despite Developer having exercised its diligent efforts to obtain the Utility Owner’s cooperation, Developer shall promptly notify TxDOT, and TxDOT and Developer shall work together in the manner described in Section 7.5.7, including Xxxxxxxxx's obligation to reimburse TxDOT for TxDOT’s Recoverable Costs in connection with providing assistance to Developer; provided, however, that the "conditions to assistance" (as that term is used in Section 7.5.7) are that Developer shall provide evidence reasonably satisfactory to TxDOT that (i) Developer's position in the dispute is reasonable, (ii) Developer has made diligent efforts to obtain the Utility Owner's cooperation, and (iii) the Utility Owner is not cooperating. With respect to the Parties' rights and obligations described in Section 7.5.7.3, for purposes of this Section 8.1.5.2 the conditions to assistance described in clause (i) of the preceding sentence shall be treated in the same manner as those described in Sections 7.5.7.2(a) and (b), and the conditions to assistance described in clauses (ii) and (iii) of the preceding sentence sh...
Utility Accommodation.
6.1.4.1 It is anticipated that from time to time during the course of the Operating Period, Utility Owners will apply for additional utility permits to install new Utilities that would cross or longitudinally occupy the Project Right of Way, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Right of Way. In such circumstances, the provisions of Section 5.5.8 shall apply, including the application of Section 8.2 to those circumstances where IFA is pursuing a Business Opportunity involving a Utility in the Project Right of Way.
6.1.4.2 Throughout the Operating Period, Developer shall monitor Utilities and Utility Owners within the Project Right of Way that are within the O&M Limits for compliance with applicable utility permits, Utility Agreements, easements, and applicable Law, and shall use diligent efforts to obtain the cooperation of each Utility Owner having Utilities within the Project Right of Way that is within the O&M Limits. If (a) Developer reasonably believes that any Utility Owner is not complying with the terms of a utility permit, Utility Agreement, easement, or applicable Law affecting a Utility within the Project Right of Way, or (b) any other dispute arises between Developer and a Utility Owner with respect to a Utility within the Project Right of Way that is within the O&M Limits, despite Developer having exercised its diligent efforts to obtain the Utility Owner’s cooperation, Developer shall promptly notify IFA, and IFA and Developer shall work together in the manner described in Section 5.5.7; provided, however, that the "conditions to assistance" (as that term is used in Section 5.5.7.2) are that Developer shall provide evidence reasonably satisfactory to IFA that (i) Developer's position in the dispute is reasonable, (ii) Developer has made diligent efforts to obtain the Utility Owner's cooperation, and (iii) the Utility Owner is not cooperating. With respect to the Parties' rights and obligations described in Section 5.5.7.3, for purposes of this Section 6.1.4.2 the conditions to assistance described in clause (i) of the preceding sentence shall be treated in the same manner as those described in Sections 5.5.7.2 (a) and (b), and the conditions to assistance described in clauses (ii) and (iii) of the preceding sentence shall be treated in the same manner as those described in Sections 5.5.7.2 (c) and (d).
6.1.4.3 At Developer’s request, IFA and Developer shall work jointly to establish a scope ...
Utility Accommodation. It is anticipated that, from time to time during the course of the Maintenance Period, Utility Owners will apply for additional utility permits to install new Utilities that would cross or longitudinally occupy the Maintenance Limits, or to modify, repair, upgrade, relocate or expand existing Utilities within the Maintenance Limits. In such circumstances and if requested by TxDOT, DB Contractor shall analyze the application and provide to TxDOT a recommendation (together with supporting analysis) as to whether the permit will have an impact on the Maintained Elements or DB Contractor’s obligations hereunder, including the Maintenance Services. In addition, TxDOT shall make available to DB Contractor all utility permits issued after the Initial Maintenance Term Commencement Date. However, TxDOT shall have the right to issue Utility permits in its discretion. Applications for Utility permits and associated coordination described in this Section 3.1.3 shall not be grounds for an adjustment in the Maintenance Price, a Change Order or any other Claim by DB Contractor.
Utility Accommodation.
5.2.6.1 It is anticipated that from time to time during the O&M Work, Utility Owners will apply for additional utility permits to install new Utilities that would cross or longitudinally occupy areas of the Project that are subject to the Department’s permitting jurisdiction, or to modify, repair, upgrade, relocate or expand existing Utilities within such areas. In such circumstances, the provisions of Section 4.5.6 shall apply.
5.2.6.2 Throughout the performance of the O&M Work, Developer shall monitor Utilities and Utility Owners within the Project Right of Way for compliance with applicable utility permits, the Department regulations, policies and other requirements, and other applicable Law and Governmental Approvals, and shall use diligent efforts to obtain the cooperation of each Utility Owner having Utilities within the Project Right of Way in accordance with the Contract Documents.
Utility Accommodation. 8.2.2.1 It is anticipated that from time to time during the Maintenance Work, Utility Owners will apply for additional Utility permits to install new Utilities that would cross or longitudinally occupy areas of the Project that are subject to the Authority’s permitting jurisdiction, or to modify, repair, upgrade, relocate or expand existing Utilities within such areas. For such Utility permit applications submitted after the Substantial Completion Date, Developer shall use Reasonable Efforts to assist the Authority in its consideration of each Utility permit application in accordance with the Project Documents. Further, Developer shall use Reasonable Efforts to (a) make available upon request the most recent Project design information and/or As-Built Documents, as applicable, to the applicants; (b) assist each applicant with information regarding the location of other proposed and existing Utilities; and (c) coordinate work schedules with such applicants as appropriate to avoid interference with the operation of the Project Facilities.
8.2.2.2 Throughout the performance of the Maintenance Work, Developer shall use Reasonable Efforts to monitor Utilities and Utility Owners within the Project Right of Way for compliance with applicable Utility permits, the Authority regulations, policies and other requirements, and other Applicable Law and Governmental Approvals, and shall use Reasonable Efforts to obtain the cooperation of each Utility Owner having Utilities within the Project Right of Way in accordance with the Project Documents.
Utility Accommodation. 3.1.3.1 It is anticipated that, from time to time during the course of the Maintenance Period, Utility Owners will apply for additional utility permits to install new Utilities that would cross or longitudinally occupy the Maintenance Limits, or to modify, repair, upgrade, relocate or expand existing Utilities within the Maintenance Limits. In such circumstances and if requested by TxDOT, DB Contractor shall analyze the application and provide to TxDOT a recommendation (together with supporting analysis) as to whether the permit will have an impact on the Maintained Elements or DB Contractor’s obligations hereunder, including the Maintenance Services. In addition, TxDOT shall make available to DB Contractor all utility permits issued after the Initial Maintenance Term Commencement Date. However, TxDOT shall have the right to issue Utility permits in its discretion. Applications for Utility permits and associated
Utility Accommodation. 98 8.1.6 Accommodation of Third-Party Signage and Lighting 98 8.1.7 Updates of Record Drawings 99
Utility Accommodation. The Section Developer will provide reasonable and customary assistance to MDOT and MDTA with respect to Utility permit applications submitted after the Substantial Completion Date.
Utility Accommodation. 15.5.1 It is anticipated that during the course of the Operating Period, from time to time Utility Owners will apply for additional utility permits to install new Utilities that would cross or longitudinally occupy the Project Right of Way, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Right of Way. In such circumstances, the provisions of Section 11.7 shall apply, including the application of Section 24.2 to those circumstances where TxDOT is pursuing a Business Opportunity involving a Utility in the Project Right of Way.
15.5.2 Throughout the Operating Period, Developer shall monitor Utilities and Utility Owners within the Project Right of Way for compliance with applicable utility permits, Utility Joint Use Acknowledgments/Agreements, easements, the Utility Accommodation Rules and other applicable Law, and shall use diligent efforts to obtain the cooperation of each Utility Owner having Utilities within the Project Right of Way. If (a) Developer reasonably believes that any Utility Owner is not complying with the terms of a utility permit, Utility Joint Use Acknowledgment/Agreement, easement, the Utility Accommodation Rules or other applicable Law affecting a Utility within the Project Right of Way, or (b)
Utility Accommodation. 3.1.3.1. It is anticipated that from time to time during the course of the Maintenance Period, Utility Owners will apply for additional utility permits to install new Utilities that would cross or longitudinally occupy the Project ROW, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project ROW. In such circumstances, the provisions of Section 6.8.8 of the DB Agreement shall apply.
3.1.3.2. Throughout the Maintenance Period, DB Contractor shall monitor Utilities and Utility Owners within the limits of the Project for compliance with applicable utility permits, Utility Joint Use Acknowledgments, Utility Joint Use Agreement, Utility Agreements, easements, the Utility Accommodation Rules and other applicable Laws, and shall use diligent efforts to obtain the cooperation of each Utility Owner having Utilities within the Project ROW. If (i) DB Contractor reasonably believes that any Utility Owner is not complying with the terms of a utility permit, Utility Joint Use Acknowledgment, Utility Joint Use Agreements,
