Request for Partnering definition

Request for Partnering means a notice delivered by DB Contractor requesting that TxDOT enter into partnering discussions with DB Contractor with regard to an event or situation that has occurred within the scope of Section 10.3.1.1. The Request for Partnering shall reference this Section 10.3.2.2 and shall describe the event or situation, as well as the action that DB Contractor would like to take with respect thereto. The Parties shall promptly meet and confer for the purpose of determining what action should be taken and also to determine whether the Parties are in agreement as to entitlement to a Change Order. Either Party may at any time terminate partnering discussions by delivery of written notice to the other, and partnering discussions shall automatically terminate 60 Days after delivery of the Request for Partnering unless both Parties agree in writing to an extension. Within five Business Days after termination of partnering discussions, if TxDOT has not issued either a Directive Letter or Change Order, DB Contractor must submit a PCO Notice in order to preserve its right to pursue a Change Order.

Request for Partnering means a notice delivered by Maintenance Contractor requesting that TxDOT enter into partnering discussions with Maintenance Contractor with regard to an event or situation that has occurred within the scope of Section 10.3.

Request for Partnering has the meaning set forth in Section 10.3.2.2 of the Comprehensive Maintenance Agreement.

Examples of Request for Partnering in a sentence

• Such notification must be delivered as promptly as possible after the occurrence of such event or situation, through either: (a) a PCO Notice as described in Section 10.3.2.3 or (b) if permitted by Section 10.3.2.2, a Request for Partnering followed by a PCO Notice if appropriate.

• Such notification must be delivered as promptly as possible after the occurrence of such event or situation, through either (a) a PCO Notice as described in Section 10.3.2.3, or (b) if permitted by Section 10.3.2.2, a Request for Partnering followed by a PCO Notice, if appropriate.

• In other words, if the requirements of clause (a) or clause (b) above are satisfied, Maintenance Contractor shall retain the right to receive a Change Order, but shall be deemed to have waived the right to collect any and all costs incurred prior to the date of delivery of the PCO Notice or Request for Partnering, as applicable that accrued prior to the date of delivery of the PCO Notice.

• Such notification must be delivered as promptly as possible after the occurrence of such event or situation, through either: (a) a PCO Notice as described in Section 13.3.2.3 or (b) if permitted by Section 13.3.2.2, a Request for Partnering followed by a PCO Notice if appropriate.

• In other words, if the requirements of clause (a) or clause (b) above are satisfied, DB Contractor shall retain the right to receive a Change Order, but shall be deemed to have waived the right to collect any and all costs incurred prior to the date of delivery of the PCO Notice or Request for Partnering, as applicable, and shall be deemed to have waived the right to seek a time extension with respect to any delay in any Critical Path which accrued prior to the date of delivery of the PCO Notice.

• Such notification must be delivered as promptly as possible after the occurrence of such event or situation, through either (a) a PCO Notice as described in Section 13.3.2.3 or (b) if permitted by Section 13.3.2.2, a Request for Partnering followed by a PCO Notice if appropriate.

• The term "Request for Partnering" shall mean a notice delivered by Developer requesting that TxDOT enter into partnering discussions with Developer with regard to an event or situation that has occurred within the scope of Section 13.3.1.2. The Request for Partnering shall reference this Section 13.3.2.2 and shall describe the event or situation as well as action which Developer would like to take with respect thereto.

• Either party may at any time terminate partnering discussions by delivery of written notice to the other, and partnering discussions shall automatically terminate 60 days after delivery of the Request for Partnering unless both parties agree in writing to an extension.

• In other words, if the requirements of clause (a) or clause (b) above are satisfied, Developer shall retain the right to receive a Change Order, but shall be deemed to have waived the right to collect any and all costs incurred prior to the date of delivery of the PCO Notice or Request for Partnering, as applicable, and shall be deemed to have waived the right to seek a time extension with respect to any delay in any Critical Path which accrued prior to the date of delivery of the PCO Notice.

More Definitions of Request for Partnering

Request for Partnering means a notice delivered by DB Contractor requesting that TxDOT enter into partnering discussions with DB Contractor with regard to an event or situation that has occurred within the scope of Section 10.3.

Request for Partnering means a notice delivered by Integrator requesting that TxDOT enter into partnering discussions with Integrator with regard to an event or situation that has occurred within the scope of Section 13.3.1.2. The Request for Partnering shall reference this Section 13.3.2.2 and shall describe the event or situation as well as action which Integrator would like to take with respect thereto. The parties shall promptly meet and confer for the purpose of determining what action should be taken and also to determine whether the parties are in agreement as to entitlement to a Change Order. Either party may at any time terminate partnering discussions by delivery of written notice to the other, and partnering discussions shall automatically terminate 60 days after delivery of the Request for Partnering unless both parties agree in writing to an extension. Within five Business Days after termination of partnering discussions, if TxDOT has not issued either a Directive Letter or Change Order, Integrator must submit a PCO Notice in order to preserve its right to pursue a Change Order. The foregoing process is not available for events or situations involving a delay to the Critical Path. With regard to any such events or situations, Integrator must submit a PCO Notice as provided in Section 13.3.2.3.

Request for Partnering shall have the meaning set forth in Section 10.3.2.2 of the Capital Maintenance Agreement. Request for Proposals (RFP) shall have the meaning set forth in Recital E. Request for Qualification (RFQ) shall have the meaning set forth in Recital C of the Capital Maintenance Agreement. Retainage Bond shall mean the retainage bond delivered by Maintenance Contractor in the Form attached to the Capital Maintenance Agreement or Exhibit 8. Rules shall mean Title 43, Part 1, Chapter 9, Subchapter I of the Texas Administrative Code. Schedule Activity(ies) means the smallest division of the Maintenance Services at each WBS level to be tracked in the Maintenance Services Deliverables Schedule. Scheduling and Procedure Order shall have the meaning set forth in Section L-2 of Attachment 2 to Exhibit 16. Schematic Design shall mean the roadway schematic attached as Appendix 3 to DBA Exhibit 2. Schematic ROW shall mean any real property (which term is inclusive of all estates and interests in real property), improvements and fixtures within the proposed Schematic ROW lines established by TxDOT to delineate the outside limits of the Schematic Design, as such limits may be adjusted from time to time in accordance with the CMA Documents. The term specifically includes all air space, surface rights, and subsurface rights within the limits of the Schematic ROW. Second Maintenance Term shall have the meaning set forth in Section 4.2.1 of the Capital Maintenance Agreement. Texas Department of Transportation EXHIBIT 1 Execution Version Horseshoe Project Page 25 of 28 Capital Maintenance Agreement Ex. 1 – Abbreviations and Definitions Service Line shall mean a utility line, up to and including the meter, that connects to a main line and services individuals, businesses and other entities. Site shall mean Schematic ROW, Additional Properties, Replacement Utility Property Interests, and any temporary rights or interests that DB Contractor may acquire at its own cost and expense in connection with the Project.