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. 10.3.3.2 The Design-Build Contract and each O&M Contract, except the NTTA Tolling Services Agreement, also shall expressly require the personal services of and not be assignable by the Design-Build Contractor or O&M Contractor, with the exception of NTTA, without Developer’s and TxDOT’s prior written consent each in its sole discretion, provided that this provision shall not prohibit the subcontracting of portions of the Work. The NTTA Tolling Services Agreement shall expressly require the personal services of NTTA and shall only be assignable as follows: (a) without Developer’s or TxDOT’s consent, to any other Person that succeeds to all the governmental powers and authority of the NTTA; and (b) to any other Person only with the prior written consent of Developer and TxDOT each in its sole discretion. The provision included pursuant to Section 10.3.2.10 shall apply to such express provisions on personal services and non-assignment.

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. 10.3.3.2 The Design-Build Contract and each O&M Contract, except the NTTA Tolling Services Agreement, Contract also shall expressly require the personal services of and not be assignable by the Design-Build Contractor or O&M Contractor, with the exception of NTTA, Contractor without Developer’s and TxDOT’s prior written consent each in its sole discretion, provided that this provision shall not prohibit the subcontracting of portions of the Work. The NTTA Tolling Services Agreement shall expressly require the personal services of NTTA and shall only be assignable as follows: (a) without Developer’s or TxDOT’s consent, to any other Person that succeeds to all the governmental powers and authority of the NTTA; and (b) to any other Person only with the prior written consent of Developer and TxDOT each in its sole discretion. The provision included pursuant to Section 10.3.2.10 shall apply to such express provisions on personal services and non-assignment.

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. 10.3.3.2 The Design-Build Contract and each O&M Contract, except the NTTA Tolling Services Agreement, also shall expressly require the personal services of and not be assignable by the Design-Build Contractor or O&M Contractor, with the exception of NTTA, without Developer’s and TxDOT’s prior written consent each in its sole discretion, provided that this provision shall not prohibit the subcontracting of portions of the Work. The NTTA Tolling Services Agreement shall expressly require the personal services of NTTA and shall only be assignable as follows: (a) without Developer’s or TxDOT’s consent, to any other Person that succeeds to all the governmental powers and authority of the NTTA; and (b) to any other Person only with the prior written consent of Developer and TxDOT each in its sole discretion. The provision included pursuant to Section 10.3.2.10 shall apply to such express provisions on personal services and non-assignment.on