Acknowledgments Regarding Lane Rental Charges. DB Contractor acknowledges and agrees that Xxxx Rental Charges are reasonable in order to compensate TxDOT for damages it will incur as a result of such Lane Closures. Such damages include (a) loss of use, enjoyment and benefit of the Project and connecting TxDOT transportation facilities by the general public, (b) injury to the credibility and reputation of TxDOT’s transportation improvement program with policy makers and with the general public who depend on and expect availability of service, which injury to credibility and reputation may directly result in loss of ridership on the Project and connecting TxDOT transportation facilities, and (c) additional costs of administering this Capital Maintenance Contract (including engineering, legal, accounting, overhead and other administrative costs). DB Contractor further acknowledges that these damages are incapable of accurate measurement because of, among other things, the unique nature of the Project and the unavailability of a substitute for it and such amounts are in the nature of liquidated damages and not a penalty and that such sums are reasonable under the circumstances as of the Effective Date. EXHIBIT 9 NONCOMPLIANCE POINTS PROVISIONS
Acknowledgments Regarding Lane Rental Charges. DB Contractor acknowledges and agrees that Lane Rental Charges are reasonable in order to compensate TxDOT for damages it will incur as a result of such Lane Closures. Such damages include (a) loss of use, enjoyment and benefit of the Project and connecting TxDOT transportation facilities by the general public, (b) injury to the credibility and reputation of TxDOT’s transportation improvement program with policy makers and with the general public who depend on and expect availability of service, which injury to credibility and reputation may directly result in loss of ridership on the Project and connecting TxDOT transportation facilities, and (c) additional costs of administering this Capital Maintenance Contract (including engineering, legal, accounting, overhead and other administrative costs). DB Contractor further acknowledges that these damages are incapable of accurate measurement because of, among other things, the unique nature of the Project and the unavailability of a substitute for it and such amounts are in the nature of liquidated damages and not a penalty and that such sums are reasonable under the circumstances as of the Effective Date. DocuSign Envelope ID: 05C1F150-2AD5-4643-82AF-864EEA18D456 EXHIBIT 9 NOT USED None. DocuSign Envelope ID: 05C1F150-2AD5-4643-82AF-864EEA18D456 EXHIBIT 10 IDENTIFIED SUBCONTRACTORS DocuSign Envelope ID: 05C1F150-2AD5-4643-82AF-864EEA18D456 EXHIBIT 11 KEY PERSONNEL Maintenance Manager: To be approved by TxDOT prior to the Initial Maintenance Term Commencement Date as contemplated by CMA General Conditions Section 7.3.2. DocuSign Envelope ID: 05C1F150-2AD5-4643-82AF-864EEA18D456 EXHIBIT 12 INITIAL DESIGNATION OF AUTHORIZED REPRESENTATIVES TxDOT Authorized Representative(s): TxDOT’s Executive Director, the Dallas District Engineer and their designees DocuSign Envelope ID: 05C1F150-2AD5-4643-82AF-864EEA18D456 DB Contractor’s Authorized Representative(s) DB Contractor’s Project Manager, Xxxxxx Xxxxxxx, and DB Contractor’s Maintenance Manager, and their respective designees DocuSign Envelope ID: 05C1F150-2AD5-4643-82AF-864EEA18D456 EXHIBIT 13 DISPUTES RESOLUTION REQUIREMENTS
