Common use of Agreement to Accept Nonconforming Work Clause in Contracts

Agreement to Accept Nonconforming Work. If DB Contractor elects not to fully correct any Nonconforming Work pursuant to Section 5.6.1 and TxDOT agrees to accept such Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of DB Contractor’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract Documents. Such reimbursement shall be payable to TxDOT within ten days after DB Contractor’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor pursuant to this Agreement. DB Contractor acknowledges and agrees that subject to DB Contractor’s right to correct Nonconforming Work in accordance with Section 5.6.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.

Agreement to Accept Nonconforming Work. If DB Contractor elects not fails to fully correct any Nonconforming Work pursuant to Section 5.6.1 and TxDOT agrees to accept such any Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of DB Contractor’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract Documents. Such reimbursement shall be payable to TxDOT within ten days after DB Contractor’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor pursuant to this Agreement. DB Contractor acknowledges and agrees that that, subject to DB Contractor’s right to correct correction of Nonconforming Work in accordance with Section 5.6.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.

Agreement to Accept Nonconforming Work. If DB Contractor Developer elects not to fully correct any Nonconforming Work pursuant to Section 5.6.1 and TxDOT agrees to accept such Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of DB ContractorDeveloper’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract Documents. Such reimbursement shall be payable to TxDOT within ten days after DB ContractorXxxxxxxxx’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor Developer pursuant to this Agreement. DB Contractor Developer acknowledges and agrees that subject to DB ContractorXxxxxxxxx’s right to correct Nonconforming Work in accordance with Section 5.6.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.

Agreement to Accept Nonconforming Work. If DB Contractor elects not to fully correct any Nonconforming Work pursuant to Section 5.6.1 and TxDOT agrees to accept such Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or and other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of DB Contractor’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract Documents. Such reimbursement shall be payable to TxDOT within ten days after DB Contractor’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor pursuant to this Agreement. DB Contractor acknowledges and agrees that subject to DB Contractor’s right to correct Nonconforming Work in accordance with Section 5.6.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.

Agreement to Accept Nonconforming Work. If DB Contractor elects not fails to fully correct any Nonconforming Work pursuant to Section 5.6.1 and TxDOT agrees to accept such Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of DB Contractor’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract DBA Documents. Such reimbursement shall be payable to TxDOT within ten days after DB Contractor’s receipt delivery of an invoice therefortherefore to DB Contractor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor pursuant to this AgreementDBA. DB Contractor acknowledges and agrees that that, subject to DB Contractor’s right to correct correction of Nonconforming Work in accordance with Section 5.6.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.

Agreement to Accept Nonconforming Work. If DB Contractor elects not to fully correct any Nonconforming Work pursuant to Section 5.6.1 and TxDOT agrees to accept such Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of DB Contractor’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract Documents. Such reimbursement shall be payable to TxDOT within ten days after DB Contractor’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor pursuant to this Agreement. DB Contractor acknowledges and agrees that subject to DB Contractor’s right to correct Nonconforming Work in accordance with Section 5.6.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.

Agreement to Accept Nonconforming Work. If DB Contractor elects not to fully correct any Nonconforming Work pursuant to Section 5.6.1 and TxDOT agrees to accept such any Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of DB Contractor’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract Documents. Such reimbursement shall be payable to TxDOT within ten days after DB Contractor’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor pursuant to this Agreement. DB Contractor acknowledges and agrees that that, subject to DB Contractor’s right to correct Nonconforming Work in accordance with Section 5.6.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.

Agreement to Accept Nonconforming Work. If DB Contractor Developer elects not to fully correct any Nonconforming Work pursuant to Section 5.6.1 6.8.1 and TxDOT agrees to accept such Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or or other costs relating to the Nonconforming Work, ; (b) the amount of the Price allocated to such Work, or ; (c) 100% of DB ContractorDeveloper’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract DocumentsDocuments or (d) solely with respect to the O&M Work, the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten days after DB ContractorXxxxxxxxx’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor Developer pursuant to this Agreement. DB Contractor Developer acknowledges and agrees that subject to DB ContractorXxxxxxxxx’s right to correct Nonconforming Work in accordance with Section 5.6.16.8.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 6.8.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 6.8.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Section 19 Technical Provisions is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.

Agreement to Accept Nonconforming Work. If DB Contractor elects not to fully correct any Nonconforming Work pursuant to Section 5.6.1 and TxDOT agrees to accept such any Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of DB ContractorDeveloper’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract CDA Documents. Such reimbursement shall be payable to TxDOT within ten days after DB ContractorXxxxxxxxx’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor Developer pursuant to this Agreement. DB Contractor Developer acknowledges and agrees that subject to DB Contractor’s right to correct Nonconforming Work in accordance with Section 5.6.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.

Agreement to Accept Nonconforming Work. If DB Contractor Developer elects not to fully correct any Nonconforming Work pursuant to Section 5.6.1 6.8.1 and TxDOT agrees to accept such Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or or other costs relating to the Nonconforming Work, ; (b) the amount of the Price allocated to such Work, or ; (c) 100% of DB ContractorDeveloper’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract DocumentsDocuments or (d) solely with respect to the O&M Work, a percentage to be determined in TxDOT’s discretion of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten days after DB ContractorDeveloper’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor Developer pursuant to this Agreement. DB Contractor Developer acknowledges and agrees that subject to DB ContractorDeveloper’s right to correct Nonconforming Work in accordance with Section 5.6.16.8.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 6.8.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 6.8.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Section 19 of the Technical Provisions is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.

Agreement to Accept Nonconforming Work. If DB Contractor elects not fails to fully correct any Nonconforming Work pursuant to Section 5.6.1 and TxDOT agrees to accept such any Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of DB Contractor’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract DBA Documents. Such reimbursement shall be payable to TxDOT within ten days after DB Contractor’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor pursuant to this AgreementDBA. DB Contractor acknowledges and agrees that that, subject to DB Contractor’s right to correct correction of Nonconforming Work in accordance with Section 5.6.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.

Agreement to Accept Nonconforming Work. If DB Contractor elects not to fully correct any Nonconforming Work pursuant to Section 5.6.1 and TxDOT agrees to accept such Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: of (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or and other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of DB Contractor’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract Documents. Such reimbursement shall be payable to TxDOT within ten 10 days after DB Contractor’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor pursuant to this Agreement. DB Contractor acknowledges and agrees that that, subject to DB Contractor’s right to correct Nonconforming Work in accordance with Section 5.6.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.

Agreement to Accept Nonconforming Work. If DB Contractor Developer elects not to fully correct any Nonconforming Work pursuant to Section 5.6.1 and TxDOT agrees to accept such Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such WorkW ork, or (c) 100% of DB ContractorDeveloper’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract Documents. Such reimbursement shall be payable to TxDOT within ten days after DB ContractorXxxxxxxxx’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor Developer pursuant to this Agreement. DB Contractor Developer acknowledges and agrees that subject to DB ContractorXxxxxxxxx’s right to correct Nonconforming Work in accordance ac cordance with Section 5.6.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement reimb ursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.

Agreement to Accept Nonconforming Work. If DB Contractor Developer elects not to fully correct any Nonconforming Work pursuant to Section 5.6.1 6.8.1 and TxDOT agrees to accept such Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or or other costs relating to the Nonconforming Work, ; (b) the amount of the Price allocated to such Work, or ; (c) 100% of DB ContractorDeveloper’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract Documents; or (d) solely with respect to the O&M Work, the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten days after DB ContractorDeveloper’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor Developer pursuant to this Agreement. DB Contractor Developer acknowledges and agrees that subject to DB ContractorDeveloper’s right to correct Nonconforming Work in accordance with Section 5.6.16.8.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 6.8.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 6.8.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Section 19 Technical Provisions is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.

Agreement to Accept Nonconforming Work. If DB Contractor Developer elects not to fully correct any Nonconforming Work pursuant to Section 5.6.1 6.8.1 and TxDOT agrees to accept such Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or or other costs relating to the Nonconforming Work, ; (b) the amount of the Price allocated to such Work, or ; (c) 100% of DB ContractorDeveloper’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract Documents; or (d) solely with respect to the O&M Work, the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten days after DB ContractorXxxxxxxxx’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor Developer pursuant to this Agreement. DB Contractor Developer acknowledges and agrees that subject to DB ContractorXxxxxxxxx’s right to correct Nonconforming Work in accordance with Section 5.6.16.8.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 6.8.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 6.8.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Section 19 Technical Provisions is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.

Agreement to Accept Nonconforming Work. If DB Contractor Developer elects not to fully correct any Nonconforming Work pursuant to Section 5.6.1 and TxDOT agrees to accept such Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of DB ContractorDeveloper’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract Documents. Such reimbursement shall be payable to TxDOT within ten days after DB ContractorXxxxxxxxx’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor Developer pursuant to this Agreement. DB Contractor Developer acknowledges and agrees that subject to DB ContractorXxxxxxxxx’s right to correct Nonconforming Work in accordance with Section 5.6.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.. Texas Department of Transportation Loop 375 – Border Highway West Extension Project March 19, 2014 37 RFP Addendum #5 Development Agreement

Agreement to Accept Nonconforming Work. If DB Contractor Developer elects not to fully correct any Nonconforming Work pursuant to Section 5.6.1 and TxDOT agrees to accept such Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of DB ContractorDeveloper’s cost savings associated with its failure to perform the Work in accordance with the requirements of the Contract Documents. Such reimbursement shall be payable to TxDOT within ten days after DB ContractorDeveloper’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor Developer pursuant to this Agreement. DB Contractor Developer acknowledges and agrees that subject to DB ContractorDeveloper’s right to correct Nonconforming Work in accordance with Section 5.6.1, including the timelines therein, TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.