Common use of Utility Accommodation Clause in Contracts

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 shall be treated in the same manner as those described in Sections 7.5.7.2(c) and (d).

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 Facility Right of Way, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Facility 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 Facility Right of Way. 8.1.5.2 Throughout the Operating Period, Developer shall monitor Utilities and Utility Owners within the Project Facility Right of Way for compliance with applicable utility permits, Utility Joint Use Acknowledgments/Utility Joint Use 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 Facility 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/Utility Joint Use Agreement, easement, the Utility Accommodation Rules or other applicable Law affecting a Utility within the Project Facility Right of Way, or (b) any other dispute arises between Developer and a Utility Owner with respect to a Utility within the Project Facility 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), (b) and (bc), 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 7.5.7.2(c7.5.7.2(d) and (de).

Utility Accommodation. 8.1.5.1 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 7.5.8 11.7 shall apply, including the application of Section 11.2 24.2 to those circumstances where TxDOT is pursuing a Business Opportunity involving a Utility in the Project Right of Way. 8.1.5.2 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) 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 7.5.711.6, including Xxxxxxxxx's Developer’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 7.5.711.6) are that Developer shall provide evidence reasonably satisfactory to TxDOT that (i) Developer's ’s position in the dispute is reasonable, (ii) Developer has made diligent efforts to obtain the Utility Owner's ’s cooperation, and (iii) the Utility Owner is not cooperating. With respect to the Parties' ’ rights and obligations described in Section 7.5.7.311.6.3, for purposes of this Section 8.1.5.2 15.5.2 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(a11.6.2(a), (b) and (bc), 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 7.5.7.2(c11.6.2(d) and (de).

Utility Accommodation. 8.1.5.1 (a) It is anticipated that from time to time during the course of the Operating O&M 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 WayROW, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Right of WayROW. In such circumstances, the provisions of Section 7.5.8 3.13.4 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 (b) Throughout the Operating O&M Period, Developer shall monitor Utilities and Utility Owners within the Project Right limits of Way the New Harbor Bridge Section and Roadway Section, respectively, for compliance with applicable utility permits, Utility Joint Use Acknowledgments/, Utility Joint Use Agreement, Utility Agreements, easements, the Utility Accommodation Rules and other applicable LawLaws, and shall use diligent efforts to obtain the cooperation of each Utility Owner having Utilities within the Project Right of WayROW. If (ai) Developer reasonably believes that any Utility Owner is not complying with the terms of a utility permit, Utility Joint Use Acknowledgment/Agreement, easementUtility Joint Use Agreements, Utility Agreements, easements, the Utility Accommodation Rules or other applicable Law affecting a Utility within the Project Right of WayROW, or (bii) any other dispute arises between Developer and a Utility Owner with respect to a Utility within the Project Right of WayROW, despite Developer having exercised its diligent efforts to obtain the Utility Owner’s cooperation, Developer shall promptly notify provide Notice to 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 Developer3.13.4; provided, however, that the "“conditions to assistance" ” (as that term is used in Section 7.5.73.13.4) are that Developer shall provide evidence reasonably satisfactory to TxDOT that (ix) Developer's ’s position in the dispute is reasonable, (iiy) Developer has made diligent efforts to obtain the Utility Owner's ’s cooperation, and (iiiz) the Utility Owner is not cooperating. With respect to the Parties' ’ rights and obligations described in Section 7.5.7.33.13.4, for purposes of this Section 8.1.5.2 5.1.4(b) the conditions to assistance described in clause clauses (i), (y) and (z) of the preceding sentence shall be treated in the same manner as those described in Sections 7.5.7.2(a3.13.4(a) and (b). (c) At Developer’s request, TxDOT and the conditions Developer shall work jointly to establish a scope of work and budget for TxDOT’s Recoverable Costs in connection with providing such assistance described to Developer. Subject to any agreed scope of work and budget, Developer shall reimburse TxDOT for TxDOT’s Recoverable Costs in clauses connection with providing such assistance to Developer (ii) and (iii) including all reasonable costs of the preceding sentence shall be treated in the same manner as those described in Sections 7.5.7.2(c) and (dlitigation if TxDOT agrees to pursue litigation against a Utility Owner).

Utility Accommodation. 8.1.5.1 (a) It is anticipated that from time to time during the course of the Operating O&M 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 WayROW, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Right of WayROW. In such circumstances, the provisions of Section 7.5.8 3.13.4 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 (b) Throughout the Operating O&M Period, Developer shall monitor Utilities and Utility Owners within the Project Right limits of Way the New Harbor Bridge Section and Roadway Section, respectively, for compliance with applicable utility permits, Utility Joint Use Acknowledgments/, Utility Joint Use Agreement, Utility Agreements, easements, the Utility Accommodation Rules and other applicable LawLaws, and shall use diligent efforts to obtain the cooperation of each Utility Owner having Utilities within the Project Right of WayROW. If (ai) Developer reasonably believes that any Utility Owner is not complying with the terms of a utility permit, Utility Joint Use Acknowledgment/Agreement, easementUtility Joint Use Agreements, Utility Agreements, easements, the Utility Accommodation Rules or other applicable Law affecting a Utility within the Project Right of WayROW, or (bii) any other dispute arises between Developer and a Utility Owner with respect to a Utility within the Project Right of WayROW, despite Developer having exercised its diligent efforts to obtain the Utility Owner’s cooperation, Developer shall promptly notify provide notice to 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 Developer3.13.4; provided, however, that the "“conditions to assistance" ” (as that term is used in Section 7.5.73.13.4) are that Developer shall provide evidence reasonably satisfactory to TxDOT that (ix) Developer's ’s position in the dispute is reasonable, (iiy) Developer has made diligent efforts to obtain the Utility Owner's ’s cooperation, and (iiiz) the Utility Owner is not cooperating. With respect to the Parties' ’ rights and obligations described in Section 7.5.7.33.13.4, for purposes of this Section 8.1.5.2 5.1.4(b) the conditions to assistance described in clause clauses (i), (y) and (z) of the preceding sentence shall be treated in the same manner as those described in Sections 7.5.7.2(a3.13.4(a) and (b). (c) At Developer’s request, TxDOT and the conditions Developer shall work jointly to establish a scope of work and budget for TxDOT’s Recoverable Costs in connection with providing such assistance described to Developer. Subject to any agreed scope of work and budget, Developer shall reimburse TxDOT for TxDOT’s Recoverable Costs in clauses connection with providing such assistance to Developer (ii) and (iii) including all reasonable costs of the preceding sentence shall be treated in the same manner as those described in Sections 7.5.7.2(c) and (dlitigation if TxDOT agrees to pursue litigation against a Utility Owner).

Utility Accommodation. 8.1.5.1 (a) It is anticipated that from time to time during the course of the Operating O&M 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 WayROW, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Right of WayROW. In such circumstances, the provisions of Section 7.5.8 3.14.4 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 (b) Throughout the Operating O&M Period, Developer shall monitor Utilities and Utility Owners within the Project Right of Way ROW that are within the O&M Limits for compliance with applicable utility permits, Utility Joint Use Acknowledgments/, Utility Joint Use Agreement, Utility Agreements, easements, the Utility Accommodation Rules and other applicable LawLaws, and shall use diligent efforts to obtain the cooperation of each Utility Owner having Utilities within the Project Right of WayROW that is within the O&M Limits. If (ai) Developer reasonably believes that any Utility Owner is not complying with the terms of a utility permit, Utility Joint Use Acknowledgment/Agreement, easementUtility Joint Use Agreements, Utility Agreements, easements, the Utility Accommodation Rules or other applicable Law affecting a Utility within the Project Right of WayROW, or (bii) any other dispute arises between Developer and a Utility Owner with respect to a Utility within the Project Right of WayROW 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 provide Notice to 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 Developer3.14.4; provided, however, that the "“conditions to assistance" ” (as that term is used in Section 7.5.73.14.4) are that Developer shall provide evidence reasonably satisfactory to TxDOT that (ix) Developer's ’s position in the dispute is reasonable, (iiy) Developer has made diligent efforts to obtain the Utility Owner's ’s cooperation, and (iiiz) the Utility Owner is not cooperating. With respect to the Parties' ’ rights and obligations described in Section 7.5.7.33.14.4, for purposes of this Section 8.1.5.2 5.1.4(b) the conditions to assistance described in clause clauses (i), (y) and (z) of the preceding sentence shall be treated in the same manner as those described in Sections 7.5.7.2(a3.14.4(a) and (b). (c) At Developer’s request, TxDOT and the conditions Developer shall work jointly to establish a scope of work and budget for TxDOT’s Recoverable Costs in connection with providing such assistance described to Developer. Subject to any agreed scope of work and budget, Developer shall reimburse TxDOT for TxDOT’s Recoverable Costs in clauses connection with providing such assistance to Developer (ii) and (iii) including all reasonable costs of the preceding sentence shall be treated in the same manner as those described in Sections 7.5.7.2(c) and (dlitigation if TxDOT agrees to pursue litigation against a Utility Owner).

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 Facility Right of Way, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Facility 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 Facility Right of Way. 8.1.5.2 Throughout the Operating Period, Developer shall monitor Utilities and Utility Owners within the Project Facility Right of Way for compliance with applicable utility permits, Utility Joint Use Acknowledgments/Utility Joint Use 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 Facility 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/Utility Joint Use Agreement, easement, the Utility Accommodation Rules or other applicable Law affecting a Utility within the Project Facility Right of Way, or (b) any other dispute arises between Developer and a Utility Owner with respect to a Utility within the Project Facility 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 shall be treated in the same manner as those described in Sections 7.5.7.2(c) and (d).

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), (b) and (bc), 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 7.5.7.2(c7.5.7.2(d) and (de).

Utility Accommodation. 8.1.5.1 3.1.3.1. It is anticipated that from time to time during the course of the Operating Maintenance 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 WayROW, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Right of Way, 3.1.3.2. 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 Maintenance Period, Developer DB Contractor shall monitor Utilities and Utility Owners within the limits of the Project Right of Way for compliance with applicable utility permits, Utility Joint Use Acknowledgments/, Utility Joint Use Agreement, Utility Agreements, easements, the Utility Accommodation Rules and other applicable LawLaws, and shall use diligent efforts to obtain the cooperation of each Utility Owner having Utilities within the Project Right of WayROW. If (ai) Developer DB Contractor reasonably believes that any Utility Owner is not complying with the terms of a utility permit, Utility Joint Use Acknowledgment/Agreement, easementUtility Joint Use Agreements, Utility Agreements, easements, the Utility Accommodation Rules or other applicable Law affecting a Utility within the Project Right of WayROW, or (bii) any other dispute arises between Developer DB Contractor and a Utility Owner with respect to a Utility within the Project Right of WayROW, despite Developer DB Contractor having exercised its diligent efforts to obtain the Utility Owner’s cooperation, Developer DB Contractor shall promptly notify provide Notice to TxDOT, and TxDOT and Developer DB Contractor 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 Developer6.8.4 of the DB Agreement; provided, however, that the "“conditions to assistance" (as that term is used in Section 7.5.7) ” are that Developer DB Contractor shall provide evidence reasonably satisfactory to TxDOT that (ix) Developer's DB Contractor’s position in the dispute is reasonable, (iiy) Developer DB Contractor has made diligent efforts to obtain the Utility Owner's ’s cooperation, and (iiiz) the Utility Owner is not cooperating. With respect to the Parties' ’ rights and obligations described in Section 7.5.7.36.8.4 of the DB Agreement, for purposes of this Section 8.1.5.2 3.1.3.2 the conditions to assistance described in clause clauses (ix), (y) and (z) of the preceding sentence shall be treated in the same manner as those described in Sections 7.5.7.2(a6.8.4(a) and through (b), and the conditions to assistance described in clauses (ii) and (iiic) of the preceding sentence shall be treated in the same manner as those described in Sections 7.5.7.2(c) and (d)DB Agreement.

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 Facility Right of Way, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Facility 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 Facility Right of Way. 8.1.5.2 Throughout the Operating Period, Developer shall monitor Utilities and Utility Owners within the Project Facility Right of Way for compliance with applicable utility permits, Utility Joint Use Acknowledgments/Utility Joint Use 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 Facility 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/Utility Joint Use Agreement, easement, the Utility Accommodation Rules or other applicable Law affecting a Utility within the Project Facility Right of Way, or (b) any other dispute arises between Developer and a Utility Owner with respect to a Utility within the Project Facility 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 shall be treated in the same manner as those described in Sections 7.5.7.2(c) and (d).and

Utility Accommodation. 8.1.5.1 3.1.3.1. It is anticipated that from time to time during the course of the Operating PeriodMaintenance Term, 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 WayROW, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Right of WayROW. In such circumstances, the provisions of Section 7.5.8 6.8.8 of the DB Agreement 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 3.1.3.2. Throughout the Operating PeriodMaintenance Term, Developer Maintenance Contractor shall monitor Utilities and Utility Owners within the limits of the Project Right of Way for compliance with applicable utility permits, Utility Joint Use Acknowledgments/, Utility Joint Use Agreement, Utility Agreements, easements, the Utility Accommodation Rules and other applicable LawLaws, and shall use diligent efforts to obtain the cooperation of each Utility Owner having Utilities within the Project Right of WayROW. If (ai) Developer Maintenance Contractor reasonably believes that any Utility Owner is not complying with the terms of a utility permit, Utility Joint Use Acknowledgment/Agreement, easementUtility Joint Use Agreements, Utility Agreements, easements, the Utility Accommodation Rules or other applicable Law affecting a Utility within the Project Right of WayROW, or (bii) any other dispute arises between Developer Maintenance Contractor and a Utility Owner with respect to a Utility within the Project Right of WayROW, despite Developer Maintenance Contractor having exercised its diligent efforts to obtain the Utility Owner’s cooperation, Developer Maintenance Contractor shall promptly notify provide Notice to TxDOT, and TxDOT and Developer Maintenance Contractor 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 Developer6.8.4 of the DB Agreement; provided, however, that the "“conditions to assistance" (as that term is used in Section 7.5.7) ” are that Developer Maintenance Contractor shall provide evidence reasonably satisfactory to TxDOT that (ix) Developer's Maintenance Contractor’s position in the dispute is reasonable, (iiy) Developer Maintenance Contractor has made diligent efforts to obtain the Utility Owner's ’s cooperation, and (iiiz) the Utility Owner is not cooperating. With respect to the Parties' ’ rights and obligations described in Section 7.5.7.36.8.4 of the DB Agreement, for purposes of this Section 8.1.5.2 3.1.3.2 the conditions to assistance described in clause clauses (ix), (y) and (z) of the preceding sentence shall be treated in the same manner as those described in Sections 7.5.7.2(a6.8.4(a) and through (b), and the conditions to assistance described in clauses (ii) and (iiic) of the preceding sentence shall be treated in the same manner as those described in Sections 7.5.7.2(c) and (d)DB Agreement.

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 XxxxxxxxxDeveloper'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 shall be treated in the same manner as those described in Sections 7.5.7.2(c) and (d).

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 Facility Right of Way, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Facility 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 Facility Right of Way. 8.1.5.2 Throughout the Operating Period, Developer shall monitor Utilities and Utility Owners within the Project Facility Right of Way for compliance with applicable utility permits, Utility Joint Use Acknowledgments/Utility Joint Use 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 Facility 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/Utility Joint Use Agreement, easement, the Utility Accommodation Rules or other applicable Law affecting a Utility within the Project Facility Right of Way, or (b) any other dispute arises between Developer and a Utility Owner with respect to a Utility within the Project Facility 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), (b) and (bc), 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 7.5.7.2(c) and (d).and

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 Facility Right of Way, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Facility 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 Facility Right of Way. 8.1.5.2 Throughout the Operating Period, Developer shall monitor Utilities and Utility Owners within the Project Facility Right of Way for compliance with applicable utility permits, Utility Joint Use Acknowledgments/Utility Joint Use 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 Facility 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/Utility Joint Use Agreement, easement, the Utility Accommodation Rules or other applicable Law affecting a Utility within the Project Facility Right of Way, or (b) any other dispute arises between Developer and a Utility Owner with respect to a Utility within the Project Facility 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 XxxxxxxxxDeveloper'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 shall be treated in the same manner as those described in Sections 7.5.7.2(c) and (d).and

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 Facility Right of Way, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Facility 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 Facility Right of Way. 8.1.5.2 Throughout the Operating Period, Developer shall monitor Utilities and Utility Owners within the Project Facility Right of Way for compliance with applicable utility permits, Utility Joint Use Acknowledgments/Utility Joint Use 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 Facility 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/Utility Joint Use Agreement, easement, the Utility Accommodation Rules or other applicable Law affecting a Utility within the Project Facility Right of Way, or (b) any other dispute arises between Developer and a Utility Owner with respect to a Utility within the Project Facility 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 XxxxxxxxxDeveloper'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), (b) and (bc), 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 7.5.7.2(c7.5.7.2(d) and (de).

Utility Accommodation. 8.1.5.1 (a) It is anticipated that from time to time during the course of the Operating O&M 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 WayROW, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Right of WayROW. In such circumstances, the provisions of Section 7.5.8 3.14.4 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 (b) Throughout the Operating O&M Period, Developer shall monitor Utilities and Utility Owners within the Project Right of Way ROW that are within the O&M Limits for compliance with applicable utility permits, Utility Joint Use Acknowledgments/, Utility Joint Use Agreement, Utility Agreements, easements, the Utility Accommodation Rules and other applicable LawLaws, and shall use diligent efforts to obtain the cooperation of each Utility Owner having Utilities within the Project Right of WayROW that is within the O&M Limits. If (ai) Developer reasonably believes that any Utility Owner is not complying with the terms of a utility permit, Utility Joint Use Acknowledgment/Agreement, easementUtility Joint Use Agreements, Utility Agreements, easements, the Utility Accommodation Rules or other applicable Law affecting a Utility within the Project Right of WayROW, or (bii) any other dispute arises between Developer and a Utility Owner with respect to a Utility within the Project Right of WayROW 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 provide Notice to 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 Developer3.14.4; provided, however, that the "“conditions to assistance" ” (as that term is used in Section 7.5.73.14.4) are that Developer shall provide evidence reasonably satisfactory to TxDOT that (ix) Developer's ’s position in the dispute is reasonable, (iiy) Developer has made diligent efforts to obtain the Utility Owner's ’s cooperation, and (iiiz) 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 shall be treated in the same manner as those described in Sections 7.5.7.2(c) and (d).Section

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 Facility Right of Way, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Facility 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 Facility Right of Way. 8.1.5.2 Throughout the Operating Period, Developer shall monitor Utilities and Utility Owners within the Project Facility Right of Way for compliance with applicable utility permits, Utility Joint Use Acknowledgments/Utility Joint Use 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 Facility Right of Way. If If (a) Developer reasonably believes that any Utility Owner is not complying with the terms of a utility permit, Utility Joint Use Acknowledgment/Utility Joint Use Agreement, easement, the Utility Accommodation Rules or other applicable Law affecting a Utility within the Project Facility Right of Way, or (b) any other dispute arises between Developer and a Utility Owner with respect to a Utility within the Project Facility 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 XxxxxxxxxDeveloper'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 shall be treated in the same manner as those described in Sections 7.5.7.2(c) and (d).