Common use of Developer's Responsibility Clause in Contracts

Developer's Responsibility. Developer is responsible for causing, in accordance with the Project Schedule, all Utility Adjustments necessary to accommodate construction, operation, maintenance and use of the Project. All Utility Adjustments undertaken to accommodate the Project in its interim configuration shall also accommodate the Ultimate Configuration. All Utility Adjustment Work performed by Developer shall comply with the CDA Documents. Developer shall coordinate, monitor, and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work timely, in coordination with the Work, and in compliance with the standards of design and construction and other applicable requirements specified in the CDA Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Article 27, Developer shall continue to be the responsible party to TxDOT for timely performance of all Utility Adjustment Work so that upon completion of the Work, all Utilities that might impact the Project or be impacted by it (whether located within or outside the Project Right of Way) are compatible with the Project. Subject to and in accordance with the Technical Provisions and any applicable Law affecting the easement holder’s payment obligations for Utility Adjustments, TxDOT shall provide to Developer the benefit of any provisions in recorded utility or other easements affecting the Project which require the easement holders to relocate at their own expense..

Developer's Responsibility. Developer is responsible for causing, in accordance with the Project Schedule, causing all Utility Adjustments necessary to accommodate construction, operation, maintenance and use of the Project. All Utility Adjustments undertaken to accommodate the Project in its interim configuration shall also accommodate the Ultimate Configuration. All Utility Adjustment Work performed by Developer shall comply with the CDA Documents. Developer shall coordinate, monitor, and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work timely, in coordination with the Work, and in compliance with the standards of design and construction and other applicable requirements specified in the CDA Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Article 27, Developer shall continue to be the responsible party to TxDOT for timely performance of all Utility Adjustment Work so that upon completion of the Work, all Utilities that might impact the Project or be impacted by it (whether located within or outside the Project Right of Way) are compatible with the Project. Subject to and in accordance with the Technical Provisions and any applicable Law affecting the easement holder’s payment obligations for Utility Adjustments, TxDOT shall provide to Developer the benefit of any provisions in recorded utility or other easements affecting the Project which require the easement holders to relocate at their own expense..