Access to Project ROW. To the extent that DB Contractor has not been provided with access to portions of the Project ROW on or prior to the date set forth on the Project Schedule, DB Contractor shall work around such Project ROW with the goals of minimizing delay to the completion of the Project. Except for delays caused by an event described in Section 6.5.3, DB Contractor shall not be entitled to any increase in the Price or time extension for delays caused by the failure or inability of TxDOT to provide Project ROW. Where DB Contractor makes a written request for access or rights of entry for any Project ROW for which access has not yet been acquired, DB Contractor may, with TxDOT's prior written consent, which may be withheld or withdrawn at any time, in TxDOT’s sole discretion, and subject to the provisions of Section 6.6 above and Sections 7.4 and 7.5 of the Technical Provisions, negotiate with property owners or occupants for early access or temporary use of land, provided that any such negotiations shall comply in all respects with applicable Law, including the Uniform Act. DB Contractor's negotiations with property owners or occupants for early rights-of-entry shall occur only under such terms and conditions as are stipulated by TxDOT, in its sole discretion. TxDOT shall not be bound by the terms and conditions agreed upon by DB Contractor and any property owner or occupant until such time as TxDOT has expressly so indicated in writing (and, then, only to the extent expressly set forth therein).
Access to Project ROW. 19 5.9.2.1 To the extent that Developer has not been provided with 20 access to portions of the Project ROW on or prior to the date set forth on the Project 21 Schedule, Developer shall work around such Project ROW with the goals of minimizing 22 delay to the completion of the Project. Except for delays caused by the types of events 23 described in clauses (d) and (e) of the definition of “ADOT-Caused Delay” Developer 24 shall not be entitled to any increase in the Price or Completion Deadline adjustment for 25 delays caused by the failure or inability of ADOT to provide Project ROW.
Access to Project ROW. To the extent that Developer has not been provided with access to portions of the Project ROW on or prior to the date set forth on the Project Schedule, Developer shall work around such Project ROW with the goals of minimizing delay to the completion of the Project. Except for delays caused by the type of event described in clauses (b) and (c) of the definition of “TxDOT-Caused Delay” Developer shall not be entitled to any increase in the Price or time extension for delays caused by the failure or inability of TxDOT to provide Project ROW. Where Developer makes a written request for access or rights of entry for any Project ROW for which access has not yet been acquired, Developer may, with TxDOT's prior written consent, which may be withheld or withdrawn at any time, in TxDOT’s sole discretion, and subject to the provisions of Section 6.6 above and Sections 7.3 and 7.4 of the Technical Provisions, negotiate with property owners or occupants for early access or temporary use of land, provided that any such negotiations shall comply in all respects with applicable Law, including the Uniform Act. Developer's negotiations with property owners or occupants for early rights-of-entry shall occur only under such terms and conditions as are stipulated by TxDOT, in its sole discretion. TxDOT shall not be bound by the terms and conditions agreed upon by Developer and any property owner or occupant until such time as TxDOT has expressly so indicated in writing (and, then, only to the extent expressly set forth therein).
Access to Project ROW. To the extent that DB Contractor has not been provided with access to portions of the Project ROW on or prior to the date set forth on the Project Schedule, DB Contractor shall work around such Project ROW with the goals of minimizing delay to the completion of the Project. Except for delays caused by the type of event described in clause (b) of the definition of “TxDOT-Caused Delay” DB Contractor shall not be entitled to any increase in the Price or time extension for delays caused by the failure or inability of TxDOT to provide Project ROW.
Access to Project ROW. 32 5.9.2.1 To the extent that Developer has not been provided with 33 access to portions of the Project ROW on or prior to the date set forth on the Project 34 Schedule, Developer shall work around such Project ROW with the goals of minimizing 35 delay to the completion of the Project. Except for delays caused by the types of events 36 described in clauses (d) and (e) of the definition of “ADOT-Caused Delay” Developer 37 shall not be entitled to any increase in the Price or Completion Deadline adjustment for 38 delays caused by the failure or inability of ADOT to provide Project ROW. 2 temporary entry agreement for any Project ROW for which access has not yet been 3 acquired, Developer may, with ADOT's prior written consent, which may be withheld or 4 withdrawn at any time, in ADOT’s good faith discretion, and subject to the provisions of 5 Section 5.9.1 and Section DR 470.2.6 of the Technical Provisions, negotiate with 6 property owners or occupants for early access or temporary use of land, provided that 7 any such negotiations shall comply in all respects with applicable Law, including the 8 Uniform Act. Developer's negotiations with property owners or occupants for temporary 9 entry agreements shall occur only under such terms and conditions as are stipulated by 10 ADOT, in its good faith discretion. ADOT will not be bound by the terms and conditions 11 agreed upon by Developer and any property owner or occupant until such time as 12 ADOT has expressly so indicated in writing (and, then, only to the extent expressly set 13 forth therein). All temporary entry agreements must be approved by FHWA.
Access to Project ROW. 5.9.2.1 To the extent that Developer has not been provided with access to portions of the Project ROW on or prior to the date set forth on the Project Schedule, Developer shall work around such Project ROW with the goals of minimizing delay to the completion of the Project. Except for delays caused by the types of events described in clauses (d) and (e) of the definition of “ADOT-Caused Delay” Developer shall not be entitled to any increase in the Price or Completion Deadline adjustment for delays caused by the failure or inability of ADOT to provide Project ROW.
