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Utility Permit means any license, permit, lease, easement, franchise or other use agreement issued by a party having jurisdiction over or ownership of the location in question and pursuant to which Owner operates its facilities in real property not owned in fee by Owner. Permission means any permission, including without limitation, temporary construction permissions, construction permits, regulatory permission, and/or local agency utility permit that may be necessary to construct, operate, and maintain Owner's utility facilities, including any appurtenances thereto, in any particular location. Project means the US 36 Managed Lane Project — Phase II between 88th Street and Foothills Parkway Interchange. The Project is deemed to include, without limitation, the highway construction, Intelligent Transportation System (ITS) facilities, bridges, interchanges, drainage and permanent water quality features, bikeway, and certain system-wide improvements necessary for operation of the Project. Project Commencement means the commencement of work on the Project by the Project Contractor. Project Contractor means the organization or consortium hired by HPTE to design, build, operate, maintain, and finance the Project. Project Plans means the detailed maps, drawings, plans, specifications, and profiles of the Project. Project Right-of-Way or Project ROW means real property (which term is inclusive of all estates and interests in real property, including Public Lands but exclusive of temporary construction permissions) owned or controlled by CDOT that is necessary for operation of the Project after such Project has been constructed. Project Site means the land, spaces and surfaces, including the Project ROW and any temporary construction easements, that are necessary for construction of the Project. Protection in Place or Protect in Place means activity necessary to ensure the safe operation and structural integrity of a Utility that will not be removed or transferred to another location, including without limitation, modification of location (such as lowering the Utility); construction staking of the Utility location during Project or Project-related construction; adjustment of Relocation Plans to avoid exposing a Utility to construction equipment; installing steel plating or concrete slabs; encasement of the Utility; temporarily de-energizing power lines; or installing physical barriers. Public Lands means, solely for purposes of this URA, real property dedicated to or created as public right-of-way. Relocate or Relocation means the adjustment of a Utility that is necessary for the continuous operation of Utility service, Project economy, sequencing of Project construction, or to bring the Utility into compatibility with the implementation of a Project, including without limitation: Removal and reinstallation, including necessary temporary facilities; transfer or modification of location; acquiring necessary right-of-way at a new location; moving, rearranging, or changing the type of Utility (exclusive of Betterments); Abandonment; Protection-In-Place; and construction of a replacement utility that is functionally equivalent. Page 4 of 21