Common use of Changes in Basic Configuration Clause in Contracts

Changes in Basic Configuration. 2.1.3.1 DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.2 DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Concept Plan. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property DB Contractor must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.3 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification and other Contract Documents, as well as site conditions and the Concept Plan, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1 DB Contractor 3.3.1 If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 21. 3.3.2 Developer shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 1312, and subject to the limitations contained in Section 6.103.16. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB ContractorDeveloper’s costs. 2.1.3.2 DB Contractor 3.3.3 Developer shall be responsible for any cost increases and/or or delays which that affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor Developer relating to the Project due to inaccuracies in the Concept PlanSchematic Design. Notwithstanding the foregoing, DB Contractor Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on TxDOT Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.6Change. Further, any right, title or interest in real property DB Contractor Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered TxDOT Additional Properties, Properties and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, price therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path.Schematic 2.1.3.3 3.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which that have been approved by TxDOT in the design approval process, unless DB Contractor Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 1312 or unless the proposed change constitutes a VE pursuant to Section 21. DB Contractor Developer acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification Standards and other Contract Documents, as well as site conditions and the Concept PlanSchematic Design, will impact DB ContractorDeveloper’s ability to make non-material changes in the Basic Configuration. (a) Developer, through the appropriately qualified and licensed design professionals identified in Developer’s Project Management Plan shall prepare designs, plans and specifications in accordance with the Contract Documents. Developer shall cause the engineer of record for the Project to sign and seal all Final Design Documents. (b) Developer shall deliver to TxDOT accurate and complete duplicates of all interim, revised and final Design Documents (including Final Design Documents), Plans and Construction Documents within seven days after Developer completes preparation thereof. Developer shall construct the Project in accordance with the Final Design Documents and the Construction Documents. The Final Design Documents may be changed only with prior approval of TxDOT. Developer may modify the Construction Documents without prior approval of TxDOT, but must deliver the modifications to TxDOT in advance of performance of the applicable D&C Work.

Changes in Basic Configuration. 2.1.3.1 DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.2 DB Contractor shall be responsible for any cost increases and/or or delays, including any delays which that affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies or Errors in the Concept PlanPreliminary Schematic Design. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property DB Contractor must acquire as a result of such a Necessary Basic Configuration Change shall be considered Additional Properties, Properties and TxDOT shall be responsible for the purchase price, as well as any relocation assistance price therefor in accordance with the requirements and title insurance, thereforlimitations set forth in Section 13. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan Preliminary Schematic Design that do not require the acquisition of Additional Properties, result in a Necessary Basic Configuration Change shall be the responsibility of DB Contractor with the exception of a TxDOT-TxDOT- Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path, and subject to the limitations set forth in this Agreement, including Section 13. 2.1.3.3 No Change Order shall be required for any non-material changes in the Basic Configuration which that have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification Specifications and other Contract Documents, as well as site Site conditions and the Concept PlanPreliminary Schematic Design, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1 DB Contractor 3.3.1 If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 21. 3.3.2 Developer shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 1312, and subject to the limitations contained in Section 6.103.16. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB ContractorDeveloper’s costs. 2.1.3.2 DB Contractor 3.3.3 Developer shall be responsible for any cost increases and/or or delays which that affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor Developer relating to the Project due to inaccuracies in the Concept PlanDraft Schematic. Notwithstanding the foregoing, DB Contractor Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on TxDOT Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.6Change. Further, any right, title or interest in real property DB Contractor Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered TxDOT Additional Properties, Properties and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, price therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan Draft Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path.TxDOT Additional 2.1.3.3 3.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which that have been approved by TxDOT in the design approval process, unless DB Contractor Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 1312 or unless the proposed change constitutes a VE pursuant to Section 21. DB Contractor Developer acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification Standards and other Contract Documents, as well as site conditions and the Concept PlanDraft Schematic, will impact DB ContractorDeveloper’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1 2.1.3.1. If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2. DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Subject to Section 2.1.3.4, a Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.2 2.1.3.3. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Concept PlanBase Scope Schematic. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.613.8.5. Further, TxDOT shall be responsible for the purchase price of any right, title or interest in real property Additional Properties DB Contractor must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, thereforChange. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan Base Scope Schematic that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Contractor, with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.3 2.1.3.4. No Change Order shall be required for any non-non- material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 1313 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification Specifications and other Contract DBA Documents, as well as site Site conditions and the Concept PlanBase Scope Schematic, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1 DB Contractor If a VE results in a material change in Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2 Developer shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB ContractorDeveloper’s costs. 2.1.3.2 DB Contractor 2.1.3.3 Developer shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor Developer relating to the Project due to inaccuracies in the Concept PlanSchematic Design. Notwithstanding the foregoing, DB Contractor Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property DB Contractor Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, Properties and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, price therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Developer with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.3 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 1313 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor Developer acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification Standards and other Contract Documents, as well as site conditions and the Concept PlanSchematic Design, will impact DB ContractorDeveloper’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1 2.1.3.1. If a VECP results in a material change in Basic Configuration of the Project, any cost savings from such VECP shall be shared in accordance with Section 22. 2.1.3.2. DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and either authorized by a Change Order in accordance with Section 1313 or permitted pursuant to Section 2.1.3.4, and subject to the limitations contained in Section 6.106.7. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.2 2.1.3.3. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Concept PlanSchematic Design. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits any Environmental Approval due to, any Hazardous Materials management on Management on, and any additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.613.7.5. Further, TxDOT shall be responsible for the purchase price of any right, title or interest in real property Additional Properties DB Contractor must acquire as a result of such a Necessary Basic Configuration Change shall be considered Additional Properties, and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, thereforChange. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Contractor, with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.3 2.1.3.4. No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 1313 or unless the proposed change constitutes a VECP pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification Standards and other Contract DBA Documents, as well as site Site conditions and the Concept PlanSchematic Design, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1 DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.2 DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Concept PlanPreliminary Schematic Design. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property DB Contractor must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, Properties and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, price therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan Preliminary Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.3 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification Specifications and other Contract Documents, as well as site Site conditions and the Concept PlanPreliminary Schematic Design, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1 DB Contractor If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2 Developer shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB ContractorDeveloper’s costs. 2.1.3.2 DB Contractor 2.1.3.3 Developer shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor Developer relating to the Project due to inaccuracies in the Concept PlanSchematic Design. Notwithstanding the foregoing, DB Contractor Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of New Environmental Approvals required modifications to the USACE Individual Permits due tofor, necessary Hazardous Materials management on Management on, and additional Utility Adjustment Work on on, Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property DB Contractor Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, Properties and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, thereforprice therefor in accordance with Section 6.2.2. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Developer with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.3 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 1313 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor Developer acknowledges and agrees that constraints set forth in the TxDOT-TxDOT- Provided Approvals, TxDOT Standard Specification Standards and other Contract Documents, as well as site conditions and the Concept PlanSchematic Design, will impact DB ContractorDeveloper’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1 2.1.3.1. If a VE results in a material change in Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2. DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Subject to Section 2.1.3.4, a Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.2 2.1.3.3. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Concept PlanBase Scope Schematic. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.613.8.5. Further, TxDOT shall be responsible for the purchase price of any right, title or interest in real property Additional Properties DB Contractor must acquire as a result of such a Necessary Basic Configuration Change shall be considered Additional Properties, and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, thereforChange. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan Base Scope Schematic that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Contractor, with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.3 2.1.3.4. No Change Order shall be required for any non-non- material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 1313 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification Standards and other Contract DBA Documents, as well as site Site conditions and the Concept PlanBase Scope Schematic, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1 If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2 DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.2 2.1.3.3 DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Concept Plan. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property DB Contractor must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.3 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 1313 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification and other Contract Documents, as well as site conditions and the Concept Plan, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1 2.1.3.1. If a VE results in a material change in Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2. DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Subject to Section 2.1.3.4, a Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.2 2.1.3.3. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Concept PlanBase Scope Schematic. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.613.8.5. Further, TxDOT shall be responsible for the purchase price of any right, title or interest in real property Additional Properties DB Contractor must acquire as a result of such a Necessary Basic Configuration Change shall be considered Additional Properties, and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, thereforChange. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan Base Scope Schematic that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Contractor, with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.3 2.1.3.4. No Change Order shall be required for any non-non- material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 1313 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification Specifications and other Contract DBA Documents, as well as site Site conditions and the Concept PlanBase Scope Schematic, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1 2.1.3.1. If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2. DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Subject to Section 2.1.3.4, a Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.2 2.1.3.3. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Concept PlanBase Scope Schematic. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.6. Further, TxDOT shall be responsible for the purchase price of any right, title or interest in real property Additional Properties DB Contractor must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, thereforChange. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan Base Scope Schematic that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Contractor, with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.3 2.1.3.4. No Change Order shall be required for any non-non- material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 1313 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification Specifications and other Contract DBA Documents, as well as site Site conditions and the Concept PlanBase Scope Schematic, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1 2.1.3.1. If a VE results in a material change in Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2. DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.2 2.1.3.3. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Concept PlanSchematic Design. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of a required modifications to the USACE Individual Permits New Section 408 Approval due to, necessary Hazardous Materials management Management on and additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change Change, to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property DB Contractor must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, price therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.3 2.1.3.4. No Change Order shall be required for any non-non- material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 1313 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification Standards and other Contract Documents, as well as site conditions and the Concept PlanSchematic Design, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1 2.1.3.1. If a VE results in a material change in Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2. DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and either authorized by a Change Order in accordance with Section 1313 or permitted pursuant to Section 2.1.3.5, and subject to the limitations contained in Section 6.106.9. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.2 2.1.3.3. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Concept PlanSchematic Design. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits any Environmental Approval due to, any Hazardous Materials management on Management on, and any additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.6Section 2.1.3.4. Further, any right, title or interest in real property DB Contractor must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.3 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 1313 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification Standards and other Contract DBA Documents, as well as site Site conditions and the Concept PlanSchematic Design, will impact DB Contractor’s ability to make non-non- material changes in the Basic Configuration. 2.1.3.5. No Change Order shall be required for changes in the Basic Configuration of the Option which have been approved by TxDOT in the design approval process for the Option Environmental Schematic and incorporated into the Environmental Commitments Document for the Option. DB Contractor acknowledges and agrees that environmental clearance requirements, Site conditions, and constraints set forth in the Government Approvals, TxDOT Standards and other DBA Documents will impact DB Contractor’s ability to make changes in the Basic Configuration as part of the Option Environmental Schematic. DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from such changes.

Changes in Basic Configuration. 2.1.3.1 DB Contractor If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2 Developer shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB ContractorDeveloper’s costs. 2.1.3.2 DB Contractor 2.1.3.3 Developer shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor Developer relating to the Project due to inaccuracies in the Concept PlanDraft Interim Schematic. Notwithstanding the foregoing, DB Contractor Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.6Change. Further, any right, title or interest in real property DB Contractor Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, Properties and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, price therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan Draft Interim Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Developer with the exception of a any TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.3 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 13. DB Contractor acknowledges and agrees that constraints set forth in 13 or unless the TxDOT-Provided Approvals, TxDOT Standard Specification and other Contract Documents, as well as site conditions and the Concept Plan, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.proposed change constitutes a VE pursuant to

Changes in Basic Configuration. 2.1.3.1 DB Contractor If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2 Developer shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB ContractorDeveloper’s costs. 2.1.3.2 DB Contractor 2.1.3.3 Developer shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor Developer relating to the Project due to inaccuracies in the Concept PlanSchematic Design. Notwithstanding the foregoing, DB Contractor Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of New Environmental Approvals required modifications to the USACE Individual Permits due tofor, necessary Hazardous Materials management on Management on, and additional Utility Adjustment Work on on, Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property DB Contractor Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, Properties and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, thereforprice therefor in accordance with Section 6.2.2. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan Schematic Design that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor Developer with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.3 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 1313 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor Developer acknowledges and agrees that constraints set forth in the TxDOT-TxDOT- Provided Approvals, TxDOT Standard Specification Specifications and other Contract Documents, as well as site Site conditions and the Concept PlanSchematic Design, will impact DB ContractorDeveloper’s ability to make non-non- material changes in the Basic Configuration.

Changes in Basic Configuration. 2.1.3.1 DB Contractor 3.3.1 If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 21. 3.3.2 Developer shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 1312, and subject to the limitations contained in Section 6.103.16. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB ContractorDeveloper’s costs. 2.1.3.2 DB Contractor 3.3.3 Developer shall be responsible for any cost increases and/or or delays which that affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor Developer relating to the Project due to inaccuracies in the Concept PlanSchematic Design. Notwithstanding the foregoing, DB Contractor Developer shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on TxDOT Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.6Change. Further, any right, title or interest in real property DB Contractor Developer must acquire as a result of such Necessary Basic Configuration Change shall be considered TxDOT Additional Properties, Properties and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.3 3.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which that have been approved by TxDOT in the design approval process, unless DB Contractor Developer claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 1312 or unless the proposed change constitutes a VE pursuant to Section 21. DB Contractor Developer acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification Standards and other Contract Documents, as well as site conditions and the Concept PlanSchematic Design, will impact DB ContractorDeveloper’s ability to make non-material changes in the Basic Configuration. (a) Developer, through the appropriately qualified and licensed design professionals identified in Developer’s Project Management Plan shall prepare designs, plans and specifications in accordance with the Contract Documents. Developer shall cause the engineer of record for the Project to sign and seal all Final Design Documents. (b) Developer shall deliver to TxDOT accurate and complete duplicates of all interim, revised and final Design Documents (including Final Design Documents), Plans and Construction Documents within seven days after Developer completes preparation thereof. Developer shall construct the Project in accordance with the Final Design Documents and the Construction Documents. The Final Design Documents may be changed only with prior approval of TxDOT. Developer may modify the Construction Documents without prior approval of TxDOT, but must deliver the modifications to TxDOT in advance of performance of the applicable D&C Work.

Changes in Basic Configuration. 2.1.3.1 If a VE results in a material change in the Basic Configuration of the Project, any cost savings from such VE shall be shared in accordance with Section 22. 2.1.3.2 DB Contractor shall not make any material change in the Basic Configuration of the Project, except as approved by TxDOT and authorized by a Change Order in accordance with Section 13, and subject to the limitations contained in Section 6.10. A Change Order is required regardless of the reason underlying the change and regardless of whether the change increases, decreases or has no effect on DB Contractor’s costs. 2.1.3.2 2.1.3.3 DB Contractor shall be responsible for any cost increases and/or delays which affect the duration of a Critical Path resulting from changes in requirements and obligations of DB Contractor relating to the Project due to inaccuracies in the Concept Plan. Notwithstanding the foregoing, DB Contractor shall be entitled to a Change Order to account for any additional costs incurred as a result of required modifications to the USACE Individual Permits due to, Hazardous Materials management on and additional Utility Adjustment Work on Additional Properties required due to a Necessary Basic Configuration Change to the extent set forth in Section 13.8.6. Further, any right, title or interest in real property DB Contractor must acquire as a result of such Necessary Basic Configuration Change shall be considered Additional Properties, Properties and TxDOT shall be responsible for the purchase price, as well as any relocation assistance and title insurance, price therefor. Any other changes in the Basic Configuration, including Basic Configuration changes due to an Error in the Concept Plan that do not require the acquisition of Additional Properties, shall be the responsibility of DB Contractor with the exception of a TxDOT-Directed Change involving more than $10,000 in additional direct costs or involving a delay to a Critical Path. 2.1.3.3 2.1.3.4 No Change Order shall be required for any non-material changes in the Basic Configuration which have been approved by TxDOT in the design approval process, unless DB Contractor claims that it is entitled to an increase in the Price or extension of any Completion Deadline(s) in connection with a proposed change in accordance with Section 1313 or unless the proposed change constitutes a VE pursuant to Section 22. DB Contractor acknowledges and agrees that constraints set forth in the TxDOT-Provided Approvals, TxDOT Standard Specification and other Contract Documents, as well as site conditions and the Concept Plan, will impact DB Contractor’s ability to make non-material changes in the Basic Configuration.