Common use of Utility Agreements Clause in Contracts

Utility Agreements. 7.5.2.1 As described in Section 6 of the Technical Provisions, Developer is responsible for preparing and entering into Utility Agreements with the Utility Owners, and TxDOT agrees to cooperate as reasonably requested by Developer in pursuing Utility Agreements, including attendance at negotiation sessions and review of Utility Agreements. TxDOT is not providing any assurances to Developer that the Utility Owners will accept, without modification, the standard Utility Agreement forms specified in Section 6.1.4 of the Technical Provisions; Developer is solely responsible for the terms and conditions of all Master Utility Adjustment Agreements (“MUAAs”) and Utility Adjustment Agreement Amendments (“UAAAs”) into which it enters (subject to the requirements of the CDA Documents, including Section 6.1.4 of the Technical Provisions). TxDOT will not be a party to the Utility Agreements; however, Developer shall cause the Utility Agreements to designate TxDOT as an intended third-party beneficiary thereof and to permit assignment of Developer’s right, title and interest thereunder to TxDOT without necessity for Utility Owner consent. Developer shall not enter into any agreement with a Utility Owner that purports to bind TxDOT in any way, unless TxDOT has executed such agreement as a party thereto (TxDOT's signature indicating approval or review of an agreement between Developer and a Utility Owner, or its status as a third-party beneficiary, shall not satisfy this requirement).