Draft Schematic Clause Samples

Draft Schematic. (a) Developer acknowledges and agrees that if ▇▇▇▇▇▇▇▇▇ wishes to deviate from the Schematic ROW contained in the Schematic Design, it must specifically identify such modifications in writing to TxDOT in accordance with Section 3.2.5, provide justification for the modification, and obtain specific approval from TxDOT, in its discretion, prior to use of such modifications. Subject to Section 3.2.4, Developer must obtain TxDOT’s prior approval to deviate from the Schematic Design unless the proposed modification meets all of the following: (i) is within the Schematic ROW and requires no additional right of way; (ii) meets the requirements of the Technical Provisions; (iii) requires no New Environmental Approval; (iv) does not constitute a Design Exception or Design Waiver; and (v) does not deviate from the design concepts included in the Proposal. Developer acknowledges and agrees that the requirements and constraints set forth in the Contract Documents and in the Governmental Approvals, as well as Site conditions, will impact Developer’s ability to revise the concepts contained in the Schematic Design, in addition to the requirement to obtain approval. (b) Developer may rely on the Schematic ROW limits as shown on the Schematic and that it is feasible to design and develop the Project within the Schematic ROW limits identified in the Schematic Design provided by TxDOT, and shall have the right to obtain a Change Order for certain increased costs incurred due to Necessary Basic Configuration Changes to the extent provided in Section 12.8.6; provided however that Developer acknowledges that “feasible to design and develop the Project” is not intended to mean or be limited to Developer’s design approach set forth in its Proposal or Developer’s preferred design approach. (c) Developer acknowledges that the Schematic Design is preliminary and subject to refinement through the Final Design process and that Developer is not entitled to any time extensions in connection with any changes in the Schematic Design, and Developer’s entitlement to an increase in the Price in connection with any changes in the Schematic Design is limited to certain increased costs incurred as a result of Necessary Basic Configuration Changes to the extent allowed under Section 12.8.6.