Utility Owner Delay definition

Utility Owner Delay means a delay to a Critical Path that is directly attributable to a Utility Owner's failure to cooperate with Developer in performing Utility Adjustment Work within the time period reasonably scheduled by Developer for performance of such work, where Developer and Utility Owner have not yet executed a Utility Agreement addressing such Utility Adjustment Work. Developer shall bear 100% of the risk of each Utility Owner Delay prior to and during the 90-day period following TxDOT’s receipt of evidence required by Section 6.8.4.2 that is reasonably satisfactory to TxDOT. The risk of any Utility Owner Delay after such 90-day period shall be borne equally by each Party (i.e. any affected Completion Deadline shall be extended by one day for every two full days of Utility Owner Delay occurring after expiration of the 90-day period). If a Utility Owner Delay is concurrent with another delay which is Xxxxxxxxx’s responsibility hereunder, Developer shall not be entitled to a time extension on account of such Utility Owner Delay. If a Utility Owner Delay is concurrent with another Utility Owner Delay by the same Utility Owner or by another Utility Owner, only one of the delays shall be counted. If a Utility Owner Delay is concurrent with any other delay for which Developer is entitled to a time extension under Section 13, the delay shall be deemed a Utility Owner Delay and the provisions of this Section 6.8.5 shall apply.

Utility Owner Delay means a delay to a Critical Path that is directly attributable to a Utility Owner's failure to cooperate with DB Contractor in performing Utility Adjustment Work within the time period reasonably scheduled by DB Contractor for performance of such work, where DB Contractor and Utility Owner have not yet executed a Utility Agreement addressing such Utility Adjustment Work. DB Contractor shall bear 100% of the risk of each Utility Owner Delay prior to and during the 90-day period following TxDOT’s receipt of evidence required by Section 6.8.4.2 that is reasonably satisfactory to TxDOT. The risk of any Utility Owner Delay after such 90-day period shall be borne equally by each Party (i.e. any affected Completion Deadline shall be extended by one day for every two full days of Utility Owner Delay occurring after expiration of the 90-day period). If a Utility Owner Delay is concurrent with another delay which is DB Contractor’s responsibility hereunder, DB Contractor shall not be entitled to a time extension on account of such Utility Owner Delay. If a Utility Owner Delay is concurrent with another Utility Owner Delay by the same Utility Owner or by another Utility Owner, only one of the delays shall be counted. If a Utility Owner Delay is concurrent with any other delay for which DB Contractor is entitled to a time extension under Section 13, the delay shall be deemed a Utility Owner Delay and the provisions of this Section 6.8.5 shall apply.

Utility Owner Delay means a delay to a Critical Path that is directly attributable to a Utility Owner's failure to cooperate with DB Contractor in performing Utility Adjustment Work within the time period reasonably scheduled by DB Contractor for performance of such work, where DB Contractor and Utility Owner have not yet executed a Utility Agreement addressing such Utility Adjustment Work. DB Contractor shall bear 100% of the risk of each Utility Owner Delay prior to and during the first 90 days of any such Utility Owner Delay, provided that such 90-day period shall not commence until TxDOT has received evidence required by Section 6.8.4.2 that is reasonably satisfactory to TxDOT and DB Contractor has complied with all other requirements for a Change Order under this Agreement, including Section

Examples of Utility Owner Delay in a sentence

• Utility Owner Delay" shall mean a delay to a Critical Path that is directly attributable to a Utility Owner's failure to cooperate with DB Contractor in performing Utility Adjustment Work within the time period reasonably scheduled by DB Contractor for performance of such work, where DB Contractor and Utility Owner have not yet executed a Utility Agreement addressing such Utility Adjustment Work.

• DB Contractor shall bear 100% of the risk of each Utility Owner Delay prior to and during the 90-day period following TxDOT’s receipt of evidence required by Section 6.8.4.2 that is reasonably satisfactory to TxDOT.

• If a Utility Owner Delay is concurrent with another Utility Owner Delay by the same Utility Owner or by another Utility Owner, only one of the delays shall be counted.

• If a Utility Owner Delay is concurrent with any other delay for which DB Contractor is entitled to a time extension under Section 13, the delay shall be deemed a Utility Owner Delay and the provisions of this Section 6.8.5 shall apply.

• If a Utility Owner Delay is concurrent with another delay which is DB Contractor’s responsibility hereunder, DB Contractor shall not be entitled to a time extension on account of such Utility Owner Delay.

• The risk of any Utility Owner Delay after such 90-day period shall be borne equally by each Party (i.e. any affected Completion Deadline shall be extended by one day for every two full days of Utility Owner Delay occurring after expiration of the 90-day period).

• CDOT shall be responsible for administering and enforcing the URAs, including, but not limited to, undertaking Reasonable Efforts to enforce Claims against Utility Owners in respect of any Unexcused Utility Owner Delay Compensation Event claimed by the Developer against the Enterprises.

• The risk of any Utility Owner Delay after such 90-day period shall be borne equally by each Party (i.e., any affected Completion Deadline shall be extended by one day for every two full days of Utility Owner Delay occurring after expiration of the 90-day period).

• If a City Utility Delay is concurrent with another City Utility Delay or with a Utility Owner Delay by another Utility Owner, only one of the delays shall be counted.

• If a Utility Owner Delay is concurrent with any other delay for which DB Contractor is entitled to a time extension under Section 13, the delay shall be deemed a Utility Owner Delay and the provisions of this Section 6.5.5 shall apply.

More Definitions of Utility Owner Delay

Utility Owner Delay means a delay to a Critical Path that is directly attributable to a Utility Owner’s (other than the City of Dallas) failure to cooperate with DB Contractor in performing Utility Adjustment Work within the time period reasonably scheduled by DB Contractor for performance of such work, where DB Contractor and such Utility Owner have not yet executed a Utility Agreement addressing such Utility Adjustment Work. DB Contractor shall bear 100% of the risk of each Utility Owner Delay prior to and during the 90-day period commencing on the later of (a) the first day of any such Utility Owner Delay and (b) the day on which TxDOT has received evidence required by Section 6.8.4.2 that is reasonably satisfactory to TxDOT, and, in either case, DB Contractor has complied with all other requirements for a Change Order under this Agreement, including Section 13. The risk of any Utility Owner Delay after such 90-day period shall be borne equally by each Party (i.e., any affected Completion Deadline shall be extended by one day for every two full days of Utility Owner Delay occurring after expiration of the 90-day period). If a Utility Owner Delay is concurrent with another delay which is DB Contractor’s responsibility hereunder, DB Contractor shall not be entitled to a time extension on account of such Utility Owner Delay. If a Utility Owner Delay is concurrent with another Utility Owner Delay by the same Utility Owner or by another Utility Owner, or with a City of Dallas Utility Delay, only one of the delays shall be counted. If a Utility Owner Delay is concurrent with any other delay for which DB Contractor is entitled to a time extension under Section 13, the delay shall be deemed a Utility Owner Delay and the provisions of this Section 6.8.5 shall apply.

Utility Owner Delay shall have the meaning set forth in Section 6.8.5.2

Utility Owner Delay means a delay to the Critical Path which is directly attributable to a Utility Owner's failure to cooperate with Design/Builder with respect to the Adjustment of its Utility, within the time period reasonably scheduled for performance of such work by Design/Builder, where Alamo RMA or Design/Builder and such Utility Owner have not yet executed a Utility Agreement addressing such Adjustment. Design/Builder shall bear 100% of the risk of each Utility Owner Delay.

Utility Owner Delay means a delay to a Critical Path that is directly attributable to a Utility Owner’s failure to cooperate with DB Contractor in performing Utility Adjustment Work within the time period reasonably scheduled by DB Contractor for performance of such work, where DB Contractor and Utility Owner have not yet executed a Utility Agreement addressing such Utility Adjustment Work; provided, however, that the term “Utility Owner Delay” shall not include a delay attributable to Oncor’s failure to cooperate with DB Contractor with respect to the Oncor Transmission Lines Relocation. DB Contractor shall bear 100% of the risk of each Utility Owner Delay prior to and during the 90-day period following TxDOT’s receipt of evidence required by

Utility Owner Delay. Means a delay by a Utility Owner in reviewing a relocation submittal, relocating an interference or supporting the Design-Builder’s relocation of an interference within the time required by the Detailed Contract Schedule approved by MTA. Utility Owner Delay does not include (i) delay resulting from an incomplete or inaccurate submittal by the Design-Builder, (ii) failure of the Detailed Contract Schedule to account for Utility Owner moratoriums or other Utility Owner requirements that were known to or discoverable by the Design-Builder or (iii) delay by the Design-Builder or any subcontractor hired by the Design-Builder to perform utility relocation work (except for Excusable Delay) in the Detailed Contract Schedule. Work: The furnishing of all labor, materials, plant, equipment, tools, supervision, and other incidentals required by the Contract except for the Completion Option Work and the Parking Structure Option Work, and the performance of all duties and obligations imposed by the Contract, including work performed pursuant to the warranty provisions of the Contract and work necessary to reconstruct and restore all structures, appurtenances/connections thereto including, but not limited to all Railroad real property and any other real property as may be affected by the Design-Builder’s performance. The Work also includes all planning, design and architectural/engineering services required for the proper design and construction of the Project, including but without limitation all drawings and specifications, all design clarifications and all construction phase Design Professional services that may be necessary or desirable for the Project except for construction phase Design Professional services for the Completion Option (unless the Completion Option is exercised) and design and architectural/engineering services and construction phase Design Professional services for the Parking Structure Option Work (unless and to the extent that the Parking Structure Options are exercised). The Work shall include separate completed Construction Documents for the Completion Option Work in a form and format that will allow for their use in soliciting bids and construction of the Completion Option Work by others and without further work or adjustments. The Work shall also include the Completion Option Work and the Parking Structure Option Work if and to the extent the Completion Option and the Parking Structure Options are exercised by MTA.