Common use of Utility Adjustments Clause in Contracts

Utility Adjustments. Developer shall not commence or permit or suffer commencement of construction of a Utility Adjustment included in the Construction Work until TxDOT issues NTP2 (and, with respect to construction of a Utility Adjustment included in the Construction Work with respect to the IH 35E Capacity Improvement Section, until TxDOT issues NTP3), all of the conditions set forth in Section 7.6.1 that are applicable to the Utility Adjustment (reading such provisions as if they referred to the Utility Adjustment) have been satisfied, and the following additional requirements have been satisfied: 7.6.2.1 If applicable, the Alternate Procedure List has been approved by FHWA, and either the affected Utility or the Utility Owner is on the approved Alternate Procedure List, as supplemented; 7.6.2.2 Except as otherwise provided in Section 7.5.7.4, the Utility Adjustment is covered by an executed Utility Agreement; and 7.6.2.3 The review and comment process has been completed and any required approvals have been obtained for the Utility Assembly covering the Utility Adjustment.

Appears in 7 contracts

Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement

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Utility Adjustments. Developer shall not commence or permit or suffer commencement of construction of a Utility Adjustment included in the Construction Work until TxDOT issues NTP2 or NTP1 (and3C), with respect to construction of a Utility Adjustment included in as the Construction Work with respect to the IH 35E Capacity Improvement Section, until TxDOT issues NTP3)case may be, all of the conditions set forth in Section 7.6.1 that are applicable to the Utility Adjustment (reading such provisions as if they referred to the Utility Adjustment) have been satisfied, all of the conditions set forth in Section 6.4.4 of the Technical Provisions have been satisfied and the following additional requirements have been satisfied: 7.6.2.1 If applicable, the Alternate Procedure List has been approved by FHWA, and either the affected Utility or the Utility Owner is on the approved Alternate Procedure List, as supplemented; 7.6.2.2 Except as otherwise provided in Section 7.5.7.4, the The Utility Adjustment is covered by an executed Utility AgreementAgreement (and any conditions to commencement of such activities that are included in the Utility Agreement have been satisfied); and 7.6.2.3 The review and comment process has been completed and any required approvals have been obtained for the Utility Assembly covering the Utility Adjustment.

Appears in 1 contract

Samples: Facility Agreement

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