of the Technical Provisions. The Project Schedule shall be used by the Parties for planning and monitoring the progress of the Work and as the basis for determining the amount of monthly progress payments to be made to DB Contractor.
of the Technical Provisions. 4.3.4 As between IFA and Developer, Developer shall perform all necessary actions, and shall bear all risk of delay and all risk of increased cost, resulting from or arising out of (a) any differences between Developer’s design for any portion of the Project and the Final Engineer’s Report or Reference Design or Developer’s Schematic Design, including differences due to any alternative technical concepts approved by IFA and included in Developer’s Schematic Design, but excluding any differences due to a Change in Law, Change in Adjustment Standards or an IFA Change, or (b) differences between the construction means and methods (including temporary works) Developer chooses for any portion of the Project and those set forth, referred to or reasonably implied in any IFA-Provided Approval or applications and submissions made by IFA for IFA-Provided Approvals, excluding any differences due to an IFA Change, a Discriminatory O&M Change, a Non-Discriminatory O&M Change, a Change in Law or Change in Adjustment Standards. Such actions and risks shall include:
of the Technical Provisions. (c) DB Contractor has satisfied for the applicable portion of the Project all applicable pre-construction requirements contained in the Environmental Approvals and other Governmental Approvals.
of the Technical Provisions e. Developer to identify and acquire Project Specific Locations, but not the set up, mobilization or opening of any pit, borrow area, laydown area, equipment location or fabrication yard or plant;
of the Technical Provisions. After ADOT approves the ROW 8 Activity Plan, Developer shall update it, and deliver the update to ADOT in accordance 9 with the applicable timelines set forth in Section DR 470.2.4 of the Technical Provisions. 10 5.4 Acquisition of Property
of the Technical Provisions. Developer's obligation to provide Protection in Place for Utilities includes any Early Adjustments, whether or not timely completed. Developer shall coordinate with TxDOT and the Utility Owner as may be necessary for orderly completion of any Early Adjustments, and Developer shall conduct its Work without interfering with or hindering the progress or completion of any Early Adjustments. Subject to the provisions of this Section 7.5.10 but notwithstanding any contrary provision of the CDA Documents, the Work excludes all efforts necessary for completion of any Early Adjustments.
of the Technical Provisions. The Transportation Management Plan shall comply with the Technical Provisions concerning traffic management and traffic operations. Throughout the Term, Developer shall carry out all construction, maintenance, repair and operational activities, including Incident and Emergency response and Rehabilitation Work in accordance with the approved Transportation Management Plan.
of the Technical Provisions. 6.8.6.4 If for any reason DB Contractor is unable to collect any amounts owed to DB Contractor by any Utility Owner, then: (a) TxDOT shall have no liability for such amounts; (b) DB Contractor shall have no right to collect such amounts from TxDOT or to offset such amounts against amounts otherwise owing to DB Contractor from TxDOT; and (c) DB Contractor shall have no right to stop work or to exercise any other remedies against TxDOT on account of such Utility Owner’s failure to pay DB Contractor.
of the Technical Provisions. DB Contractor shall notify TxDOT in writing, for its concurrence, of the failure of negotiations with respect to the acquisition of any parcel included in the Project ROW and shall submit to TxDOT for approval a Condemnation Package for the parcel as described in Section 7.4.4 of the Technical Provisions. TxDOT shall have ten Business Days either to: (a) approve the Condemnation Package or (b) provide its comments and/or request for additional information to DB Contractor if TxDOT determines that the Condemnation Package is incomplete or otherwise deficient. DB Contractor shall incorporate any suggested changes and provide any additional information requested by TxDOT and shall resubmit the Condemnation Package to TxDOT for review and approval. TxDOT shall have ten Business Days to approve or provide comments to DB Contractor on any resubmittals.
of the Technical Provisions. 6.1.3 Except as otherwise authorized by Law for temporary Project Specific Locations, (a) TxDOT shall not be obligated to exercise its power of eminent domain in connection with DB Contractor’s acquisition of any such temporary right or interest, (b) TxDOT shall have no obligations or responsibilities with respect to the acquisition, maintenance or disposition of such temporary rights or interests, and (c) DB Contractor shall have no obligation to submit Acquisition Packages to TxDOT for, or obtain TxDOT’s approval of DB Contractor’s acquisition of, any such temporary right or interest. All costs and expenses for the acquisition of any temporary right or interest in real property, including Project Specific Locations, that DB Contractor determines necessary or desirable for its convenience in constructing the Project, such as for work space, contractor laydown areas, materials storage areas or temporary Utility Adjustment, or for any permanent interest in real property that DB Contractor may wish to acquire for its convenience that will not be part of the Project ROW, shall be DB Contractor’s sole responsibility, to be undertaken at DB Contractor’s sole cost and expense. TxDOT shall have no obligations or responsibilities with respect to the acquisition, maintenance or disposition of such rights or interests or the condition of such rights or interests, and shall not be obligated to use its powers of eminent domain in connection therewith. DB Contractor shall comply with all applicable Governmental Approvals and Laws in acquiring and maintaining or disposing of any such property rights or interests. DB Contractor shall cause the documentation of any such property interest to contain the grantor’s express acknowledgment that TxDOT shall have no liability with respect thereto.
