Time Extension for Unidentified Utilities. If DB Contractor encounters one or more Unidentified Utilities for which DB Contractor is entitled to compensation pursuant to Section 4.5 of the General Conditions, and the performance of the Utility Adjustments for such Unidentified Utilities results in delays to the Critical Path, such delay shall be borne equally by each Party (i.e., any affected Completion Deadline shall be extended by one day for every two full days of delay resulting from the performance of the Utility Adjustments for such Unidentified Utilities). If a delay as described in this Section 6.4.2 is concurrent with another delay which is DB Contractor’s responsibility hereunder, then the delay shall be borne 100% by DB Contractor. If a delay due to the discovery of an Unidentified Utility is concurrent with another delay for which DB Contractor is entitled to a time extension, the period of TxDOT’s responsibility for the delays shall run concurrently. The foregoing shall not preclude DB Contractor from obtaining a time extension with respect to New Utilities in accordance with Section 4.6.9.2.1 of the General Conditions. Except as otherwise expressly provided in this Section 6.4.2, no time extension will be allowed on account of the performance of Utility Adjustments for Unidentified Utilities. Relief pursuant to this Section 6.4.2 is subject to the restrictions and limitations set forth in Section 4.5 of the General Conditions and Section 4.6 of the General Conditions.
