Common use of Utility Accommodation Clause in Contracts

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. 3.1.3.1. It is anticipated that, 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 LimitsProject ROW, or to modify, repair, upgrade, relocate or expand existing Utilities within the Maintenance LimitsProject ROW. In such circumstances 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 Utility permits issued after the Initial Maintenance Term Services Commencement Date. However, TxDOT shall have the right to issue Utility permits in its sole discretion. Applications for Utility permits and associated coordination described in this Section 3.1.3 3.1.3.1 shall not be grounds for an adjustment in the Maintenance Price, a Change Order or any other Claim by DB Contractor.