Delays by Utility Owners. 6.8.5.1. DB Contractor shall bear 100% of the risk of Critical Path delays caused by a Utility Owner’s failure to timely comply with the requirements of a Utility Agreement which has been executed by DB Contractor and such Utility Owner.
Delays by Utility Owners. 6.8.5.1 Developer shall bear 100% of the risk of Critical Path delays caused by a Utility Owner’s failure to timely comply with the requirements of a Utility Agreement which has been executed by Developer and such Utility Owner.
Delays by Utility Owners. 6.8.5.1 Design/Builder shall use best efforts to obtain the cooperation of each Utility Owner as necessary for the Project. Design/Builder shall notify the Alamo RMA immediately if (a) Design/Builder reasonably believes that any Utility Owner would not undertake or permit a Utility Adjustment in a manner consistent with the timely completion of the Project, (b) Design/Builder becomes aware that a Utility Owner is not cooperating in a timely manner to provide the needed work or approvals, or (c) any other dispute arises between Design/Builder and any Utility Owner with respect to the Project, despite Design/Builder's diligent efforts to obtain such Utility Owner’s cooperation or otherwise resolve such dispute. Such notice may include a request that the Alamo RMA assist in resolving the dispute or in otherwise obtaining the Utility Owner’s timely cooperation. Design/Builder shall provide the Alamo RMA with such information regarding the Utility Owner's failure to cooperate and the effect of any resulting delay on the Project Schedule as is requested by the Alamo RMA. The Alamo RMA’s obligation to assist hereunder is subject to Design/Builder’s provision of evidence reasonably satisfactory to the Alamo RMA that the Adjustment is necessary, the time for completion of the Adjustment in the Project Schedule was, in its inception, a reasonable amount of time for completion of such Development Work, and that Design/Builder has made best efforts to obtain the Utility Owner’s cooperation but has not been able to obtain such cooperation. Following the receipt of such evidence by the Alamo RMA, the Alamo RMA shall take reasonable steps to obtain the cooperation of the Utility Owner or resolve the dispute; however, the Alamo RMA shall have no obligation to prosecute eminent domain or other legal proceedings, unless the Alamo RMA elects to do so in its sole discretion. After delivery of any notice or request for assistance pursuant to this Section 6.8.5.1, Design/Builder shall continue to use best efforts to pursue the Utility Owner’s cooperation. Any assistance provided by the Alamo RMA shall not relieve Design/Builder of its sole and primary responsibility for the satisfactory compliance with its obligations and timely completion of all Utility Adjustment Work, except as otherwise expressly set forth in this Section 6.8.5.
