Common use of Additional Requirements for Design-Build and O&M Contracts Clause in Contracts

Additional Requirements for Design-Build and O&M Contracts. 10.3.3.1 Before entering into a Design-Build Contract or O&M Contract (other than O&M Contracts for routine janitorial services and routine supply of materials) or any supplement or amendment thereto, Developer shall submit a true and complete copy of the proposed Design-Build Contract or O&M Contract to TxDOT for review and comment. TxDOT may disapprove only if the Design-Build Contract or O&M Contract (a) does not comply, or is inconsistent, in any material respect with the applicable requirements of the CDA Documents, including that it does not comply or is inconsistent with this Article 10 or with the applicable requirements of Section 22.1 regarding maintenance of books and records, does not incorporate the applicable federal requirements set forth in Exhibit 8, or is inconsistent with the requirements of the relevant scope of Work, (b) increases TxDOT’s liability or (c) adversely affects TxDOT’s step-in rights.

Additional Requirements for Design-Build and O&M Contracts. 10.3.3.1 Before entering into a Design-Build Contract or O&M Contract (other than O&M Contracts for routine janitorial services and routine supply of materials) or any supplement or amendment thereto, Developer shall submit a true and complete copy of the proposed Design-Build Contract or O&M Contract to TxDOT for review and commentapprovalcomment. TxDOT may disapprove only if the Design-Build Contract or O&M Contract (a) does not comply, or is inconsistent, in any material respect with the applicable requirements of the CDA Documents, including that it does not comply or is inconsistent with this Article 10 or with the applicable requirements of Section 22.1 regarding maintenance of books and records, does not incorporate the applicable federal requirements set forth in Exhibit 8, or is inconsistent with the requirements of the relevant scope of Work, (b) materially adversely affects Developer’s ability to carry out its duties under the CDA Documents, (cb) increases TxDOT’s liability or (cdc) adversely affects TxDOT’s step-in rights.