Common use of Amount of Negotiated Termination Settlement Amount Clause in Contracts

Amount of Negotiated Termination Settlement Amount. 14.6.1 Subject to the provisions of Section 14.5, Maintenance Contractor and TxDOT may agree upon the amount to be paid to Maintenance Contractor by reason of the total or partial termination of Maintenance Services pursuant to this Section 14. Such agreed amount, exclusive of settlement costs, shall not exceed the Maintenance Price for the applicable Maintenance Term, less the amount of payments previously made to Maintenance Contractor during such Maintenance Term and less the portions of the Maintenance Price related to Maintenance Services not terminated. Upon determination of the settlement amount, this Capital Maintenance Agreement will be amended accordingly, and Maintenance Contractor will be paid the agreed amount. TxDOT’s execution and delivery of any settlement agreement shall not affect any of its rights under the CMA Documents with respect to completed Maintenance Services, relieve Maintenance Contractor from its obligations with respect thereto, including Warranties, or affect TxDOT’s rights under the Maintenance Performance Bond, the Maintenance Payment Bond, any Guaranty, letter(s) of credit or other security issued in addition to, or in lieu of, any security provided pursuant to this Capital Maintenance Agreement.

Amount of Negotiated Termination Settlement Amount. 14.6.1 Subject to the provisions of Section 14.5, Maintenance Contractor and TxDOT may agree upon the amount to be paid to Maintenance Contractor by reason of the total or partial termination of Maintenance Services pursuant to this Section 14. Such agreed amount, exclusive of settlement costs, shall not exceed the Maintenance Price for the applicable Maintenance Term, less the amount of payments previously made to Maintenance Contractor during such Maintenance Term and less the portions of the Maintenance Price related to Maintenance Services not terminated. Upon determination of the settlement amount, this Capital Comprehensive Maintenance Agreement will be amended accordingly, and Maintenance Contractor will be paid the agreed amount. TxDOT’s execution and delivery of any settlement agreement shall not affect any of its rights under the CMA COMA Documents with respect to completed Maintenance Services, relieve Maintenance Contractor from its obligations with respect thereto, including Warranties, or affect TxDOT’s rights under the Maintenance Performance Bond, the Maintenance Payment Bond, any Guaranty, letter(s) of credit or other security issued in addition to, or in lieu of, any security provided pursuant to this Capital Comprehensive Maintenance Agreement.