Common use of Agreement to Allow Nonconforming Work to Remain Uncorrected Clause in Contracts

Agreement to Allow Nonconforming Work to Remain Uncorrected. If TxDOT agrees to allow any Nonconforming Work to remain uncorrected, TxDOT shall be entitled to reimbursement of a portion of the Maintenance 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 Maintenance Price allocated to such Maintenance Services, (c) 100% of Maintenance Contractor’s cost savings associated with its failure to perform the Maintenance Services in accordance with the requirements of the CMA Documents or (d) a percentage, to be determined in TxDOT’s sole discretion, of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten Days after Maintenance Contractor’s receipt of an invoice therefor. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT to Maintenance Contractor pursuant to this Capital Maintenance Agreement. Maintenance Contractor acknowledges and agrees that TxDOT shall have sole discretion regarding the correction or non-correction 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 5.9.2 shall be a condition precedent to allow applicable Nonconforming Work to remain uncorrected. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 5.9.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Attachment 1 to Exhibit 2 is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.

Agreement to Allow Nonconforming Work to Remain Uncorrected. 5.9.2.1 If TxDOT agrees to allow any Nonconforming Work to remain uncorrected, TxDOT shall be entitled to reimbursement of a portion of the Maintenance 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 Maintenance Price allocated to such Maintenance Services, (c) 100% of Maintenance DB Contractor’s cost savings associated with its failure to perform the Maintenance Services in accordance with the requirements of the CMA Documents or (d) all or a percentage, to be determined in TxDOT’s sole discretion, of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten 10 Days after Maintenance Contractor’s receipt delivery of an invoice therefor. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT to Maintenance Contractor pursuant to this Capital Maintenance Agreement. Maintenance invoice 5.9.2.2 DB Contractor acknowledges and agrees that TxDOT shall have sole discretion regarding the correction or non-correction 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 5.9.2 shall be a condition precedent to allow applicable Nonconforming Work to remain uncorrected. . 5.9.2.3 Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 5.9.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Attachment 1 the Performance and Measurement Table to Exhibit 2 this CMA is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.

Agreement to Allow Nonconforming Work to Remain Uncorrected. 5.9.2.1. If TxDOT agrees to allow any Nonconforming Work to remain uncorrected, TxDOT shall be entitled to reimbursement of a portion of the Maintenance 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 Maintenance Price allocated to such Maintenance Services, (c) 100% of Maintenance DB Contractor’s cost savings associated with its failure to perform the Maintenance Services in accordance with the requirements of the CMA Documents or (d) all or a percentage, to be determined in TxDOT’s sole discretion, of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten Days after Maintenance Contractor’s receipt delivery of an invoice therefortherefor to DB Contractor. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT owes to Maintenance DB Contractor pursuant to this Capital Maintenance Agreement. 5.9.2.2. Maintenance DB Contractor acknowledges and agrees that TxDOT shall have sole discretion regarding the correction or non-correction 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 5.9.2 shall be a condition precedent to allow applicable Nonconforming Work to remain uncorrected. 5.9.2.3. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 5.9.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Attachment 1 the Performance and Measurement Table to Exhibit 2 this Capital Maintenance Agreement is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.

Agreement to Allow Nonconforming Work to Remain Uncorrected. 5.9.2.1. If TxDOT agrees to allow any Nonconforming Work to remain uncorrected, TxDOT shall be entitled to reimbursement of a portion of the Maintenance 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 Maintenance Price allocated to such Maintenance Services, (c) 100% of Maintenance Contractor’s cost savings associated with its failure to perform the Maintenance Services in accordance with the requirements of the CMA COMA Documents or (d) all or a percentage, to be determined in TxDOT’s sole discretion, of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten Days after Maintenance Contractor’s receipt delivery of an invoice therefortherefor to Maintenance Contractor’s. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT owes to Maintenance Contractor pursuant to this Capital Comprehensive Maintenance Agreement. 5.9.2.2. Maintenance Contractor acknowledges and agrees that TxDOT shall have sole discretion regarding the correction or non-correction 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 5.9.2 shall be a condition precedent to allow applicable Nonconforming Work to remain uncorrected. 5.9.2.3. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 5.9.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Attachment 1 Exhibit 16 to Exhibit 2 this Comprehensive Maintenance Agreement is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.

Agreement to Allow Nonconforming Work to Remain Uncorrected. 5.9.2.1 If TxDOT agrees to allow any Nonconforming Work to remain uncorrected, TxDOT shall be entitled to reimbursement of a portion of the Maintenance 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 Maintenance Price allocated to such Maintenance Services, (c) 100% of Maintenance DB Contractor’s cost savings associated with its failure to perform the Maintenance Services in accordance with the requirements of the CMA Documents or (d) all or a percentage, to be determined in TxDOT’s sole discretion, of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten 10 Days after Maintenance Contractor’s receipt delivery of an invoice thereforTexas Department of Transportation - 27 - Execution Version I-635 LBJ East Project Capital Maintenance Agreement therefor to DB Contractor. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT owes to Maintenance DB Contractor pursuant to this Capital Maintenance Agreement. Maintenance CMA. 5.9.2.2 DB Contractor acknowledges and agrees that TxDOT shall have sole discretion regarding the correction or non-correction 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 5.9.2 shall be a condition precedent to allow applicable Nonconforming Work to remain uncorrected. . 5.9.2.3 Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 5.9.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Attachment 1 the Performance and Measurement Table to Exhibit 2 this CMA is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.. Texas Department of Transportation - 28 - Execution Version I-635 LBJ East Project Capital Maintenance Agreement

Agreement to Allow Nonconforming Work to Remain Uncorrected. If TxDOT agrees to allow any Nonconforming Work to remain uncorrected, TxDOT shall be entitled to reimbursement of a portion of the Maintenance 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 Maintenance Price allocated to such Maintenance Services, (c) 100% of Maintenance Contractor’s cost savings associated with its failure to perform the Maintenance Services in accordance with the requirements of the CMA Documents or (d) a percentage, to be determined percentage in TxDOT’s sole discretion, discretion of the cost to correct such Nonconforming Workwork. Such reimbursement shall be payable to TxDOT within ten Days after Maintenance Contractor’s receipt of an invoice therefor. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT to Maintenance Contractor pursuant to this Capital Maintenance Agreement. Maintenance Contractor acknowledges and agrees that TxDOT shall have sole discretion regarding the correction or non-correction 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 5.9.2 shall be a condition precedent to allow applicable Nonconforming Work to remain uncorrected. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 5.9.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Attachment 1 to Exhibit 2 is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.

Agreement to Allow Nonconforming Work to Remain Uncorrected. 5.9.2.1. If TxDOT agrees to allow any Nonconforming Work to remain uncorrected, TxDOT shall be entitled to reimbursement of a portion of the Maintenance 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 Maintenance Price allocated to such Maintenance Services, (c) 100% of Maintenance Contractor’s cost savings associated with its failure to perform the Maintenance Services in accordance with the requirements of the CMA COMA Documents or (d) all or a percentage, to be determined in TxDOT’s sole discretion, of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten Days after Maintenance Contractor’s receipt of an invoice therefor. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT to Maintenance Contractor pursuant to this Capital Maintenance AgreementSuch 5.9.2.2. Maintenance Contractor acknowledges and agrees that TxDOT shall have sole discretion regarding the correction or non-correction 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 5.9.2 shall be a condition precedent to allow applicable Nonconforming Work to remain uncorrected. 5.9.2.3. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 5.9.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Attachment 1 to Exhibit 2 to this Comprehensive Maintenance Agreement is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.

Agreement to Allow Nonconforming Work to Remain Uncorrected. 5.9.2.1. If TxDOT agrees to allow any Nonconforming Work to remain uncorrected, TxDOT shall be entitled to reimbursement of a portion of the Maintenance 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 Maintenance Price allocated to such Maintenance Services, (c) 100% of Maintenance Contractor’s cost savings associated with its failure to perform the Maintenance Services in accordance with the requirements of the CMA COMA Documents or (d) all or a percentage, to be determined in TxDOT’s sole discretion, of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten Days after Maintenance Contractor’s receipt delivery of an invoice therefortherefor to Maintenance Contractor’s. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT owes to Maintenance Contractor pursuant to this Capital Comprehensive Maintenance Agreement. 5.9.2.2. Maintenance Contractor acknowledges and agrees that TxDOT shall have sole discretion regarding the correction or non-correction 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 5.9.2 shall be a condition precedent to allow applicable Nonconforming Work to remain uncorrectedNonconforming 5.9.2.3. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 5.9.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Attachment 1 to Exhibit 2 to this Comprehensive Maintenance Agreement is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.

Agreement to Allow Nonconforming Work to Remain Uncorrected. If TxDOT agrees to allow any Nonconforming Work to remain uncorrected, TxDOT shall be entitled to reimbursement of a portion of the Maintenance 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 Maintenance Price allocated to such Maintenance Services, (c) 100% of Maintenance Contractor’s cost savings associated with its failure to perform the Maintenance Services in accordance with the requirements of the CMA Documents or (d) a percentage, percentage to be determined in TxDOT’s sole discretion, discretion of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten Days after Maintenance Contractor’s receipt of an invoice therefor. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT to Maintenance Contractor pursuant to this Capital Maintenance AgreementCMA. Maintenance Contractor acknowledges and agrees that TxDOT shall have sole discretion regarding the correction or non-correction 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 5.9.2 shall be a condition precedent to allow applicable Nonconforming Work to remain uncorrected. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 5.9.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Attachment 1 to Exhibit 2 is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.

Agreement to Allow Nonconforming Work to Remain Uncorrected. If TxDOT agrees to allow any Nonconforming Work to remain uncorrected, TxDOT shall be entitled to reimbursement of a portion of the Maintenance 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 Maintenance Price allocated to such Maintenance Services, (c) 100% of Maintenance Contractor’s cost savings associated with its failure to perform the Maintenance Services in accordance with the requirements of the CMA COMA Documents or (d) a percentage, to be determined in TxDOT’s sole discretion, of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten Days after Maintenance Contractor’s receipt of an invoice therefor. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT to Maintenance Contractor pursuant to this Capital Comprehensive Maintenance Agreement. Maintenance Contractor acknowledges and agrees that TxDOT shall have sole discretion regarding the correction or non-correction 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 5.9.2 shall be a condition precedent to allow applicable Nonconforming Work to remain uncorrected. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 5.9.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Attachment 1 to Exhibit 2 is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.

Agreement to Allow Nonconforming Work to Remain Uncorrected. 5.9.2.1. If TxDOT agrees to allow any Nonconforming Work to remain uncorrected, TxDOT shall be entitled to reimbursement of a portion of the Maintenance 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 Maintenance Price allocated to such Maintenance Services, (c) 100% of Maintenance Contractor’s cost savings associated with its failure to perform the Maintenance Services in accordance with the requirements of the CMA COMA Documents or (d) all or a percentage, to be determined in TxDOT’s sole discretion, of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten Days after Maintenance Contractor’s receipt delivery of an invoice therefortherefor to Maintenance Contractor’s. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT owes to Maintenance Contractor pursuant to this Capital Comprehensive Maintenance Agreement. 5.9.2.2. Maintenance Contractor acknowledges and agrees that TxDOT shall have sole discretion regarding the correction or non-correction 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 5.9.2 shall be a condition precedent to allow applicable Nonconforming Work to remain uncorrected. 5.9.2.3. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 5.9.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Attachment 1 to Exhibit 2 to this Comprehensive Maintenance Agreement is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.

Agreement to Allow Nonconforming Work to Remain Uncorrected. 5.9.2.1. If TxDOT agrees to allow any Nonconforming Work to remain uncorrected, TxDOT shall be entitled to reimbursement of a portion of the Maintenance 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 Maintenance Price allocated to such Maintenance Services, (c) 100% of Maintenance DB Contractor’s cost savings associated with its failure to perform the Maintenance Services in accordance with the requirements of the CMA COMA Documents or (d) all or a percentage, to be determined in TxDOT’s sole discretion, of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within ten Days after Maintenance Contractor’s receipt delivery of an invoice therefortherefor to DB Contractor’s. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT owes to Maintenance DB Contractor pursuant to this Capital Comprehensive Maintenance Agreement. 5.9.2.2. Maintenance DB Contractor acknowledges and agrees that TxDOT shall have sole discretion regarding the correction or non-correction 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 5.9.2 shall be a condition precedent to allow applicable Nonconforming Work to remain uncorrected. 5.9.2.3. Where such Nonconforming Work is allowed to remain uncorrected in accordance with this Section 5.9.2 and such Nonconforming Work requires that a Performance Requirement different to that set forth in Attachment 1 the Performance and Measurement Table to Exhibit 2 this Comprehensive Maintenance Agreement is necessary, TxDOT shall establish such different Performance Requirement for such Nonconforming Work.