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

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 other costs relating to the Nonconforming Work, (b) the amount of the Maintenance Price allocated to such Maintenance Services, (c) 100% of 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 discretion, of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within 10 Days after delivery of an invoice therefor to DB Contractor. Alternatively, TxDOT, in its discretion, may deduct the amount of such costs and expenses from any sums TxDOT owes to DB Contractor pursuant to this CMA.

Agreement to Allow Nonconforming Work to Remain Uncorrected. 5.9.2.1 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 and/or other costs relating to the Nonconforming Work, (b) the amount of the Maintenance Price allocated to such Maintenance Services, (c) 100% of 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 10 ten Days after delivery of an invoice therefor to DB Contractor. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums TxDOT owes to DB Contractor pursuant to this CMACapital Maintenance Agreement.

Agreement to Allow Nonconforming Work to Remain Uncorrected. 5.9.2.1 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 and/or other costs relating to the Nonconforming Work, (b) the amount of the Maintenance Price allocated to such Maintenance Services, (c) 100% of 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 10 ten Days after delivery of an invoice therefor to DB Contractor. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums TxDOT owes to DB Contractor pursuant to this CMAComprehensive Maintenance Agreement.

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 other costs relating to the Nonconforming Work, (b) the amount of the Maintenance Price allocated to such Maintenance Services, (c) 100% of 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 discretion, of the cost to correct such Nonconforming Work. Such reimbursement shall be payable to TxDOT within 10 Days after delivery of an invoice Texas Department of Transportation - 27 - Execution Version I-635 LBJ East Project Capital Maintenance Agreement therefor to DB Contractor. Alternatively, TxDOT, in its discretion, may deduct the amount of such costs and expenses from any sums TxDOT owes to DB Contractor pursuant to this CMA.

Agreement to Allow Nonconforming Work to Remain Uncorrected. 5.9.2.1 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 and/or other costs relating to the Nonconforming Work, (b) the amount of the Maintenance Price allocated to such Maintenance Services, (c) 100% of 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 10 ten Days after delivery of an invoice therefor to DB Contractor’s. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums TxDOT owes to DB Contractor pursuant to this CMAComprehensive Maintenance Agreement.