Common use of Subject to Section 7 Clause in Contracts

Subject to Section 7. 5.4 of this DBA, for the period commencing on the Effective Date and continuing until Final Acceptance, DB Contractor shall provide the following remedies with respect to Trees that are (i) within Project ROW outside of the Tree Preservation Areas; (ii) not Iconic Trees; and (iii) not in the Old Bee Cave Road Offsite Detention Area:‌ (a) For the first 25% of the Tree Preservation Amount of such Trees that die, DB Contractor shall increase the Mass Planting Areas by 25 SF for each DBH inch of such Trees that die; (b) For the next 25% of the Tree Preservation Amount of such Trees that die, DB Contractor shall (i) increase the Mass Planting Areas by 25 SF for each such DBH inch of such Trees that die and (ii) pay to TxDOT Tree Loss Fees in the amount of $200 for each DBH inch of such Trees that die; and (c) For the final 50% of the Tree Preservation Amount of such Trees that die, DB Contractor shall (i) increase the Mass Planting Areas by 35 SF for each DBH inch of such Trees that die and (ii) pay to TxDOT Tree Loss Fees in the amount of $500 for each DBH inch of such Trees that die.

Subject to Section 7. 5.4 of this DBA, for the period commencing on the Effective Date and continuing until Final Acceptance, DB Contractor shall provide the following remedies with respect to Trees that are are (i) within Project ROW outside of the Tree Preservation Areas; (ii) not Iconic Trees; and (iii) not in the Old Bee Cave Road Offsite Detention Area:‌Area: (a) For the first 25% of the Tree Preservation Amount of such Trees that die, DB Contractor shall increase the Mass Planting Areas by 25 SF for each DBH inch of such Trees that die; (b) For the next 25% of the Tree Preservation Amount of such Trees that die, DB Contractor shall (i) increase the Mass Planting Areas by 25 SF for each such DBH inch of such Trees that die and (ii) pay to TxDOT Tree Loss Fees in the amount of $200 for each DBH inch of such Trees that die; and (c) For the final 50% of the Tree Preservation Amount of such Trees that die, DB Contractor shall (i) increase the Mass Planting Areas by 35 SF for each DBH inch of such Trees that die and (ii) pay to TxDOT Tree Loss Fees in the amount of $500 for each DBH inch of such Trees that die.

Subject to Section 7. 5.4 of this DBA, for the period commencing on the Effective Date and continuing until Final Acceptance, DB Contractor shall provide the following remedies with respect to Trees that are (i) within Project ROW outside of the Tree Preservation Areas; (ii) not Iconic Trees; and (iii) not in the Old Bee Cave Road Offsite Detention Area:‌Area: (a) For the first 25% of the Tree Preservation Amount of such Trees that die, DB Contractor shall increase the Mass Planting Areas by 25 SF for each DBH inch of such Trees that die; (b) For the next 25% of the Tree Preservation Amount of such Trees that die, DB Contractor shall (i) increase the Mass Planting Areas by 25 SF for each such DBH inch of such Trees that die and (ii) pay to TxDOT Tree Loss Fees in the amount of $200 for each DBH inch of such Trees that die; and (c) For the final 50% of the Tree Preservation Amount of such Trees that die, DB Contractor shall (i) increase the Mass Planting Areas by 35 SF for each DBH inch of such Trees that die and (ii) pay to TxDOT Tree Loss Fees in the amount of $500 for each DBH inch of such Trees that die.