Common use of Additional Maintenance Terms Clause in Contracts

Additional Maintenance Terms. 4.2.1 TxDOT, in its discretion, shall have the option to extend the term of this Capital Maintenance Agreement for up to two additional five-year terms for a maximum of 15 years. Each additional five-year term shall commence as of the expiration of the prior Maintenance Term and continue for a period of five years unless terminated earlier in accordance with the terms of this Capital Maintenance Agreement. 4.2.2 If TxDOT elects to exercise its option rights for an additional Maintenance Term, TxDOT shall issue the applicable Maintenance NTP on or before 90 days prior to the scheduled expiration of the prior Maintenance Term. If TxDOT does not issue Maintenance NTP2 or Maintenance NTP3 by the applicable deadline set forth in this Section 4.2.2, TxDOT shall be deemed to have terminated this Capital Maintenance Agreement as described in Section 14.9. 4.2.3 If TxDOT issues Maintenance NTP2 or Maintenance NTP3, TxDOT also may elect to exercise the Section 2A Option for the applicable additional Maintenance Term. Upon issuance of Maintenance NTP2 and Maintenance NTP3, as applicable, TxDOT shall notify DB Contractor regarding TxDOT’s election to exercise the Section 2A Option for the applicable Maintenance Term. TxDOT may not exercise the Section 2A Option for a subsequent Maintenance Term if it did not exercise the Section 2A Option for the then-current Maintenance Term. 4.2.4 If TxDOT issues Maintenance NTP2 or Maintenance NTP3, TxDOT also may elect to exercise the LE Option for the applicable additional Maintenance Term. Upon issuance of Maintenance NTP2 and Maintenance NTP3, as applicable, TxDOT shall notify DB Contractor regarding TxDOT’s election to exercise the LE Option for the applicable Maintenance Term. TxDOT may not exercise the LE Option for a subsequent Maintenance Term if it did not exercise the LE Option for the then-current Maintenance Term. 4.2.5 For the avoidance of doubt, TxDOT’s decision with respect to exercising the Section 2A Option in connection with either Maintenance NTP2 or Maintenance NTP3 shall have no impact on its rights with respect to the LE Option and its decision with respect to exercising the LE Option in connection with either Maintenance NTP2 or Maintenance NTP3 shall have no impact on its rights with respect to the Section 2A Option.