Common use of Conditions to Service Commencement Clause in Contracts

Conditions to Service Commencement. 7.8.3.1 Developer shall not initiate, permit or suffer Service Commencement for any Facility Segment until TxDOT issues a written certificate that all of the following conditions have been satisfied. TxDOT will issue such a written certificate immediately upon satisfaction of all the following conditions for the applicable Facility Segment: (a) TxDOT has issued a certificate of Substantial Completion, or the Disputes Board has determined that TxDOT should have issued such certificate (regardless of whether TxDOT subsequently contests such determination); (b) All component parts, plans and documentation of the Facility Management Plan required to be prepared, submitted and approved prior to Service Commencement have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Management Plan; (c) All Submittals required by the Facility Management Plan or CDA Documents to be submitted to and approved by TxDOT or the Independent Engineer prior to Service Commencement have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Management Plan or CDA Documents; (d) Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation of the Facility Segment, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals; (e) Developer, and, if applicable, TxDOT and the Independent Engineer have completed preparation of the Punch List in accordance with Section 7.8.2; (f) All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4; (g) Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT; (h) Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT; (i) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Service Commencement pursuant to Section 22.5; and (j) There exists no uncured Developer Default that is the subject of a Warning Notice, unless (i) Service Commencement will effect its cure, (ii) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement and has delivered to TxDOT any letter of credit required pursuant to Section 17.3.5.3(b) regarding the amount in dispute, or (iii) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period. 7.8.3.2 Developer shall provide TxDOT and the Independent Engineer with not less than 20 days prior written notification of the date Developer determines that it will satisfy all of the foregoing conditions (other than in Section 7.8.3.1(a), which is governed by the separate notice provisions under Section 7.8.1.4). During such notice period, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis, with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the applicable Facility Segment and the data and documentation submitted by Developer, and TxDOT’s issuance of a written certificate authorizing Service Commencement of the Facility Segment when all the conditions set forth in Section 7.8.3.1 are satisfied. 7.8.3.3 During the period specified in Section 7.8.3.2, the Independent Engineer shall conduct an inspection of the Facility Segment and such other review of reports, data and documentation as may be necessary to evaluate whether all of the conditions to Service Commencement have been satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection and review and within five days after the end of the period specified in Section 7.8.

Conditions to Service Commencement. 7.8.3.1 Developer shall not initiate, permit or suffer Service Commencement for any Facility Project Segment until TxDOT issues a written certificate that all of the following conditions have been satisfied. TxDOT will issue such a written certificate immediately upon satisfaction of all the following conditions for the applicable Facility Project Segment: (a) TxDOT has issued a certificate of Substantial Completion, or the Disputes Board has determined that TxDOT should have issued such certificate (regardless of whether TxDOT subsequently contests such determination); (b) [RESERVED] (c) All component parts, plans and documentation of the Facility Project Management Plan required to be prepared, submitted and approved prior to Service Commencement have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Project Management Plan; (cd) All Submittals required by the Facility Project Management Plan or CDA Documents to be submitted to and approved by TxDOT or the Independent Engineer prior to Service Commencement have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Project Management Plan or CDA Documents; (de) Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation of the Facility Project Segment, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals; (ef) Developer, and, if applicable, TxDOT and the Independent Engineer Engineer, have completed preparation of the Punch List in accordance with Section 7.8.2; (fg) All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4; (gh) Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT; (hi) Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT; (ij) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Service Commencement pursuant to Section 22.5; and (jk) There exists no uncured Developer Default that is the subject of a Warning Notice, unless (i) Service Commencement will effect its cure, (ii) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Project Trust Agreement and has delivered to TxDOT any letter of credit required pursuant to Section 17.3.5.3(b) regarding the amount in dispute, or (iii) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period. 7.8.3.2 [RESERVED] 7.8.3.3 Developer shall provide TxDOT and the Independent Engineer with not less than 20 days prior written notification of the date Developer determines that it will satisfy all of the foregoing conditions (other than in Section 7.8.3.1(a), which is governed by the separate notice provisions under Section 7.8.1.47.8.1.5). During such notice period, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis, with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the applicable Facility Project Segment and the data and documentation submitted by Developer, and TxDOT’s issuance of a written certificate authorizing Service Commencement of the Facility Project Segment when all the conditions set forth in Section 7.8.3.1 are satisfied. 7.8.3.3 7.8.3.4 During the period specified in Section 7.8.3.27.8.3.3, the Independent Engineer shall conduct an inspection of the Facility Project Segment and such other review of reports, data and documentation as may be necessary to evaluate whether all of the conditions to Service Commencement have been satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection and review and within five days after the end of the period specified in Section 7.8.written

Conditions to Service Commencement. 7.8.3.1 Developer shall not initiate, permit or suffer Service Commencement for any Facility Segment until TxDOT issues a written certificate that all of the following conditions have been satisfied. TxDOT will issue such a written certificate immediately upon satisfaction of all the following conditions for the applicable Facility Segmentconditions: (a) TxDOT has issued a certificate of Substantial Completion, or the Disputes Board has determined that TxDOT should have issued such certificate (regardless of whether TxDOT subsequently contests such determination); (b) All component parts, plans and documentation of the Facility Management Plan required to be prepared, submitted and approved prior to Service Commencement have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Management Plan; (c) All Submittals required by the Facility Management Plan or CDA Documents to be submitted to and approved by TxDOT or the Independent Engineer prior to Service Commencement have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Management Plan or CDA Documents; (d) Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation of the Facility Segmentoperation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals; (e) Developer, and, if applicable, TxDOT and the Independent Engineer have completed preparation of the Punch List in accordance with Section 7.8.2List; (f) All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4; (g) Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT; (h) Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT; (i) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Service Commencement pursuant to Section 22.5; and (j) There exists no uncured Developer Default that is the subject of a Warning Notice, unless (i) Service Commencement will effect its cure, (ii) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement and has delivered to TxDOT any letter of credit required pursuant to Section 17.3.5.3(b) regarding the amount in dispute, or (iii) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period. 7.8.3.2 Developer shall provide TxDOT and the Independent Engineer with not less than 20 days prior written notification of the date Developer determines that it will satisfy all of the foregoing conditions (other than in Section 7.8.3.1(a), which is governed by the separate notice provisions under Section 7.8.1.4). During the 20-day period following receipt of such notice periodnotification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis, with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the applicable Facility Segment and the data and documentation submitted by Developer, and TxDOT’s issuance of a written certificate authorizing Service Commencement of the Facility Segment when all the conditions set forth in Section 7.8.3.1 are satisfied. 7.8.3.3 During the period specified in Section 7.8.3.2such 20-day period, the Independent Engineer shall conduct an inspection of the Facility Segment and such other review of reports, data and documentation as may be necessary to evaluate whether all of the conditions to Service Commencement have been satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection and review and within five days after the end of such 20-day period. TxDOT may, but is not obligated to, jointly with the period specified Independent Engineer or independently conduct such inspection and review within such 20- day period. 7.8.3.4 Developer shall provide TxDOT and the Independent Engineer a second written notification when Developer determines that it has satisfied all of the foregoing conditions (other than in Section 7.87.8.3.1(a)). Within five days after expiration of such 20-day period, TxDOT’s and the Independent Engineer’s receipt of the second notification and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, and provided the condition precedent set forth in Section 7.8.3.1(a) is satisfied, TxDOT shall either (a) issue a certificate authorizing Service Commencement or (b) notify Developer in writing setting forth, as applicable, why the conditions to Service Commencement have not been satisfied. If at the time the foregoing conditions (other than in Section 7.8.3.1(a)) are satisfied Developer has not yet achieved Substantial Completion, then as a condition to TxDOT’s issuance of a certificate authorizing Service Commencement TxDOT shall have the right to verify that at the time of Substantial Completion the condition precedent set forth in Section 7.8.3.1(j) remains satisfied. If TxDOT and Developer cannot agree as to the date of Service Commencement, such Dispute shall be resolved according to the Dispute Resolution Procedures.

Conditions to Service Commencement. 7.8.3.1 Developer shall not initiate, permit or suffer Service Commencement for any Facility Segment until TxDOT issues a written certificate that all of the following conditions have been satisfied. TxDOT will issue such a written certificate immediately upon satisfaction of all the following conditions for the applicable Facility Segment: (a) TxDOT has issued a certificate of Substantial Completion, or the Disputes Board has determined that TxDOT should have issued such certificate (regardless of whether TxDOT subsequently contests such determination); (b) All component parts, plans and documentation of the Facility Management Plan required to be prepared, submitted and approved prior to Service Commencement have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Management Plan; (c) All Submittals required by the Facility Management Plan or CDA Documents to be submitted to and approved by TxDOT or the Independent Engineer prior to Service Commencement have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Management Plan or CDA Documents; (d) Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation of the Facility Segment, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals; (e) Developer, and, if applicable, TxDOT and the Independent Engineer have completed preparation of the Punch List in accordance with Section 7.8.2; (f) All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4; (g) Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT; (h) Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT; (i) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Service Commencement pursuant to Section 22.5; and (j) There exists no uncured Developer Default that is the subject of a Warning Notice, unless (i) Service Commencement will effect its cure, (ii) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement and has delivered to TxDOT any letter of credit required pursuant to Section 17.3.5.3(b) regarding the amount in dispute, or (iii) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period. 7.8.3.2 Developer shall provide TxDOT and the Independent Engineer with not less than 20 days prior written notification of the date Developer determines that it will satisfy all of the foregoing conditions (other than in Section 7.8.3.1(a), which is governed by the separate notice provisions under Section 7.8.1.4). During the 20-day period following receipt of such notice periodnotification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis, with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the applicable Facility Segment and the data and documentation submitted by Developer, and TxDOT’s issuance of a written certificate authorizing Service Commencement of the Facility Segment when all the conditions set forth in Section 7.8.3.1 are satisfied. 7.8.3.3 During the period specified in Section 7.8.3.2, the Independent Engineer shall conduct an inspection of the Facility Segment and such other review of reports, data and documentation as may be necessary to evaluate whether all of the conditions to Service Commencement have been satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection and review and within five days after the end of the period specified in Section 7.8.

Conditions to Service Commencement. 7.8.3.1 Developer shall not initiate, permit or suffer Service Commencement for any Facility Project Segment until TxDOT issues a written certificate that all of the following conditions have been satisfied. TxDOT will issue such a written certificate immediately upon satisfaction of all the following conditions for the applicable Facility Project Segment: (a) TxDOT has issued a certificate of Substantial Completion, or the Disputes Board has determined that TxDOT should have issued such certificate (regardless of whether TxDOT subsequently contests such determination); (b) [RESERVED] (c) All component parts, plans and documentation of the Facility Project Management Plan required to be prepared, submitted and approved prior to Service Commencement have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Project Management Plan; (cd) All Submittals required by the Facility Project Management Plan or CDA Documents to be submitted to and approved by TxDOT or the Independent Engineer prior to Service Commencement have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Project Management Plan or CDA Documents; (de) Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation of the Facility Project Segment, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals; (ef) Developer, and, if applicable, TxDOT and the Independent Engineer Engineer, have completed preparation of the Punch List in accordance with Section 7.8.2; (fg) All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4; (gh) Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT; (hi) Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT; (ij) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Service Commencement pursuant to Section 22.5; and (jk) There exists no uncured Developer Default that is the subject of a Warning Notice, unless (i) Service Commencement will effect its cure, (ii) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Project Trust Agreement and has delivered to TxDOT any letter of credit required pursuant to Section 17.3.5.3(b) regarding the amount in dispute, or (iii) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period. 7.8.3.2 [RESERVED] 7.8.3.3 Developer shall provide TxDOT and the Independent Engineer with not less than 20 days prior written notification of the date Developer determines that it will satisfy all of the foregoing conditions (other than in Section 7.8.3.1(a), which is governed by the separate notice provisions under Section 7.8.1.47.8.1.5). During such notice period, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis, with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the applicable Facility Project Segment and the data and documentation submitted by Developer, and TxDOT’s issuance of a written certificate authorizing Service Commencement of the Facility Project Segment when all the conditions set forth in Section 7.8.3.1 are satisfied. 7.8.3.3 7.8.3.4 During the period specified in Section 7.8.3.27.8.3.3, the Independent Engineer shall conduct an inspection of the Facility Project Segment and such other review of reports, data and documentation as may be necessary to evaluate whether all of the conditions to Service Commencement have been satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection and review and within five days after the end of the period specified in Section 7.87.8.3.3. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection and review within the period specified in Section 7.8.3.3. 7.8.3.5 Developer shall provide TxDOT and the Independent Engineer a second written notification when Developer determines that it has satisfied all of the foregoing conditions (other than in Section 7.8.3.1(a)). Within five days after expiration of the period specified in Section 7.8.3.3, TxDOT’s and the Independent Engineer’s receipt of the second notification and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, and provided the condition precedent set forth in Section 7.8.3.1(a) is satisfied, TxDOT shall either (a) issue a certificate authorizing Service Commencement for the Project Segment or (b) notify Developer in writing setting forth, as applicable, why the conditions to Service Commencement for the Project Segment have not been satisfied. If at the time the foregoing conditions (other than in Section 7.8.3.1(a)) are satisfied Developer has not yet achieved Substantial Completion for a Project Segment, then as a condition to TxDOT’s issuance of a certificate authorizing Service Commencement of the Project Segment TxDOT shall have the right to verify that at the time of Substantial Completion the condition precedent set forth in Section 7.8.3.1(k) remains satisfied. If TxDOT and Developer cannot agree as to the date of Service Commencement, such Dispute shall be resolved according to the Dispute Resolution Procedures.

Conditions to Service Commencement. 7.8.3.1 Developer shall not initiate, permit or suffer Service Commencement for any Facility Segment until TxDOT issues a written certificate that all of the following conditions have been satisfied. TxDOT will issue such a written certificate immediately upon satisfaction of all the following conditions for the applicable Facility Segment: (a) TxDOT has issued a certificate of Substantial Completion, or the Disputes Board has determined that TxDOT should have issued such certificate for the Facility Segment (regardless of whether TxDOT subsequently contests such determination) or should have issued such certificate at a later date for the Segment 3B Facility Segment because TxDOT did not achieve TxDOT Substantial Completion at the time TxDOT indicates (regardless of whether TxDOT subsequently contests such determination); (b) All component parts, plans and documentation of the Facility Management Plan required to be prepared, submitted and approved prior to Service Commencement have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Management Plan; (c) All Submittals required by the Facility Management Plan or CDA FA Documents to be submitted to and approved by TxDOT or the Independent Engineer prior to Service Commencement (including as to the TxDOT Works) have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Management Plan or CDA FA Documents; (d) Developer has received, and paid all associated fees for, all All applicable Governmental Approvals and other third party approvals required for use and operation of the applicable Facility Segment (including the Segment 3B Facility Segment) have been obtained, Developer has paid all associated fees, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals; (e) Developer, and, if applicable, TxDOT and the Independent Engineer have completed preparation of the Punch List in accordance with Section 7.8.2; (f) All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4; (g) Any Payment payment and Performance Bonds, including dual obligee riders performance security in favor of TxDOT, TxDOT required under Section 16.2 (or, as to the GP Capacity Improvements or GTBR Capacity Improvement, as the case may be, Section 16.2 as applied pursuant to Part A of Exhibit 16) during the Operating Period have has been obtained and Developer has delivered the same to TxDOT; (h) Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT; (i) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Service Commencement pursuant to Section 22.5; and; (j) There exists no uncured Developer Default that is the subject of a Warning Notice, unless (i) Service Commencement will effect its cure, (ii) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement and has delivered to TxDOT any letter of credit required pursuant to Section 17.3.5.3(b) regarding the amount in dispute, or (iii) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period; and (k) In respect of Service Commencement for the Segment 3B Facility Segment: (i) The Electronic Toll Collection System is completed, has passed all demonstration and performance testing in accordance with the Facility Management Plan, including demonstration of interoperability with the CSC Host as provided in the Technical Documents, and is ready for normal operation. As part of fulfilling such condition, Developer shall deliver to TxDOT and the Independent Engineer all reports, data and documentation relating to such demonstration testing, and such testing shall demonstrate that the Electronic Toll Collection System meets the minimum threshold performance standards and requirements set forth in the Facility Management Plan, and the minimum interoperability performance standards set forth in the Technical Documents, for commencing normal, live use and operation. (TxDOT and Developer recognize that such threshold performance standards and requirements may be at lower levels, consistent with Good Industry Practice, than the performance standards and requirements set forth in the Performance and Measurement Table Baseline because of normal need for ramp-up and optimization of performance at the beginning of regular operations); and (ii) The ITS and safety features for ITS components are installed and functional. 7.8.3.2 Developer shall provide TxDOT and the Independent Engineer with not less than 20 days prior written notification of the date Developer determines that it will satisfy all of the foregoing conditions (other than in Section 7.8.3.1(a), which is governed by the separate notice provisions under Section 7.8.1.47.8.1.5). During such notice period, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis, with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review by the three parties (but not necessarily a joint inspection and review) of the applicable Facility Segment and the data and documentation submitted by Developer, and TxDOT’s issuance of a written certificate authorizing Service Commencement of the applicable Facility Segment when all the conditions set forth in Section 7.8.3.1 are satisfied. 7.8.3.3 During the period specified in Section 7.8.3.2, the Independent Engineer shall conduct an inspection of the Facility Segment and such other review of reports, data and documentation as may be necessary to evaluate whether all of the conditions to Service Commencement have been satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection and review and within five days after the end of the period specified in Section 7.87.8.3.2. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection and review within the period specified in Section 7.8.3.2. 7.8.3.4 Developer shall provide TxDOT and the Independent Engineer a second written notification when Developer determines that it has satisfied all of the foregoing conditions (other than in Section 7.8.3.1(a)). Within five days after expiration of the period specified in Section 7.8.3.2, TxDOT’s and the Independent Engineer’s receipt of the second notification and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, and provided the condition precedent set forth in Section 7.8.3.1(a) is satisfied, TxDOT shall either (a) issue a certificate authorizing Service Commencement for the Facility Segment or (b) notify Developer in writing setting forth, as applicable, why the conditions to Service Commencement have not been satisfied. If at the time the foregoing conditions (other than in Section 7.8.3.1(a)) are satisfied Substantial Completion for a Facility Segment is not yet achieved, then as a condition to TxDOT’s issuance of a certificate authorizing Service Commencement for such Facility Segment TxDOT shall have the right to verify that at the time of Substantial Completion the condition precedent set forth in Section 7.8.3.1(j) remains satisfied. If TxDOT and Developer cannot agree as to the date of Service Commencement, such Dispute shall be resolved according to the Dispute Resolution Procedures.

Conditions to Service Commencement. 7.8.3.1 Developer shall not initiate, permit or suffer Service Commencement for any Facility Toll Segment until TxDOT issues a written certificate that all of the following conditions have been satisfied. TxDOT will issue such a written certificate immediately upon satisfaction of all the following conditions for the applicable Facility Toll Segment: (a) TxDOT has issued a certificate of Substantial Completion, or the Disputes Board has determined that TxDOT should have issued such certificate (regardless of whether TxDOT subsequently contests such determination); (b) [RESERVED] (c) All component parts, plans and documentation of the Facility Project Management Plan required to be prepared, submitted and approved prior to Service Commencement have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Project Management Plan; (cd) All Submittals required by the Facility Project Management Plan or CDA Documents to be submitted to and approved by TxDOT or the Independent Engineer prior to Service Commencement have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Project Management Plan or CDA Documents; (de) Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation of the Facility Toll Segment, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals; (ef) Developer, and, if applicable, TxDOT and the Independent Engineer Engineer, have completed preparation of the Punch List in accordance with Section 7.8.2; (fg) All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4; (gh) Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT; (hi) Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT; (ij) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Service Commencement pursuant to Section 22.5; and (jk) There exists no uncured Developer Default that is the subject of a Warning Notice, unless (i) Service Commencement will effect its cure, (ii) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Project Trust Agreement and has delivered to TxDOT any letter of credit required pursuant to Section 17.3.5.3(b) regarding the amount in dispute, or (iii) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period. 7.8.3.2 [RESERVED] 7.8.3.3 Developer shall provide TxDOT and the Independent Engineer with not less than 20 days prior written notification of the date Developer determines that it will satisfy all of the foregoing conditions (other than in Section 7.8.3.1(a), which is governed by the separate notice provisions under Section 7.8.1.47.8.1.5). During such notice period, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis, with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the applicable Facility Toll Segment and the data and documentation submitted by Developer, and TxDOT’s issuance of a written certificate authorizing Service Commencement of the Facility Toll Segment when all the conditions set forth in Section 7.8.3.1 are satisfied. 7.8.3.3 7.8.3.4 During the period specified in Section 7.8.3.27.8.3.3, the Independent Engineer shall conduct an inspection of the Facility Toll Segment and such other review of reports, data and documentation as may be necessary to evaluate whether all of the conditions to Service Commencement have been satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection and review and within five days after the end of the period specified in Section 7.87.8.3.3. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection and review within the period specified in Section 7.8.3.3. 7.8.3.5 Developer shall provide TxDOT and the Independent Engineer a second written notification when Developer determines that it has satisfied all of the foregoing conditions (other than in Section 7.8.3.1(a)). Within five days after expiration of the period specified in Section 7.8.3.3, TxDOT’s and the Independent Engineer’s receipt of the second notification and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, and provided the condition precedent set forth in Section 7.8.3.1(a) is satisfied, TxDOT shall either (a) issue a certificate authorizing Service Commencement for the Toll Segment or (b) notify Developer in writing setting forth, as applicable, why the conditions to Service Commencement for the Toll Segment have not been satisfied. If at the time the foregoing conditions (other than in Section 7.8.3.1(a)) are satisfied Developer has not yet achieved Substantial Completion for a Toll Segment, then as a condition to TxDOT’s issuance of a certificate authorizing Service Commencement of the Toll Segment TxDOT shall have the right to verify that at the time of Substantial Completion the condition precedent set forth in Section 7.8.3.1(k) remains satisfied. If TxDOT and Developer cannot agree as to the date of Service Commencement, such Dispute shall be resolved according to the Dispute Resolution Procedures.

Conditions to Service Commencement. 7.8.3.1 Developer shall not initiate, permit or suffer Service Commencement for any Facility Toll Segment until TxDOT issues a written certificate that all of the following conditions have been satisfied. TxDOT will issue such a written certificate immediately upon satisfaction of all the following conditions for the applicable Facility Toll Segment: (a) TxDOT has issued a certificate of Substantial Completion, or the Disputes Board has determined that TxDOT should have issued such certificate (regardless of whether TxDOT subsequently contests such determination); (b) [RESERVED] (c) All component parts, plans and documentation of the Facility Project Management Plan required to be prepared, submitted and approved prior to Service Commencement have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Project Management Plan; (cd) All Submittals required by the Facility Project Management Plan or CDA Documents to be submitted to and approved by TxDOT or the Independent Engineer prior to Service Commencement have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Project Management Plan or CDA Documents; (de) Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation of the Facility Toll Segment, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals; (ef) Developer, and, if applicable, TxDOT and the Independent Engineer Engineer, have completed preparation of the Punch List in accordance with Section 7.8.2; (fg) All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4; (gh) Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT; (hi) Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT; (ij) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Service Commencement pursuant to Section 22.5; and (jk) There exists no uncured Developer Default that is the subject of a Warning Notice, unless (i) Service Commencement will effect its cure, (ii) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Project Trust Agreement and has delivered to TxDOT any letter of credit required pursuant to Section 17.3.5.3(b) regarding the amount in dispute, or (iii) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period. 7.8.3.2 [RESERVED] 7.8.3.3 Developer shall provide TxDOT and the Independent Engineer with not less than 20 days prior written notification of the date Developer determines that it will satisfy all of the foregoing conditions (other than in Section 7.8.3.1(a), which is governed by the separate notice provisions under Section 7.8.1.47.8.1.5). During such notice period, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis, with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the applicable Facility Toll Segment and the data and documentation submitted by Developer, and TxDOT’s issuance of a written certificate authorizing Service Commencement of the Facility Toll Segment when all the conditions set forth in Section 7.8.3.1 are satisfied. 7.8.3.3 7.8.3.4 During the period specified in Section 7.8.3.27.8.3.3, the Independent Engineer shall conduct an inspection of the Facility Toll Segment and such other review of reports, data and documentation as may be necessary to evaluate whether all of the conditions to Service Commencement have been satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection and review and within five days after the end of the period specified in Section 7.8.review

Conditions to Service Commencement. 7.8.3.1 Developer shall not initiate, permit or suffer Service Commencement for any Facility Segment until TxDOT issues a written certificate that all of the following conditions have been satisfied. TxDOT will issue such a written certificate immediately upon satisfaction of all the following conditions for the applicable Facility Segmentconditions: (a) TxDOT has issued a certificate of Substantial Completion, or the Disputes Board has determined that TxDOT should have issued such certificate (regardless of whether TxDOT subsequently contests such determination); (b) All component parts, plans and documentation of the Facility Management Plan required to be prepared, submitted and approved prior to Service Commencement have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Management Plan; (c) All Submittals required by the Facility Management Plan or CDA Documents to be submitted to and approved by TxDOT or the Independent Engineer prior to Service Commencement have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Management Plan or CDA Documents; (d) Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation of the Facility Segmentoperation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals; (e) Developer, and, if applicable, TxDOT and the Independent Engineer have completed preparation of the Punch List in accordance with Section 7.8.2List; (f) All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4; (g) Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT; (h) Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT; (i) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Service Commencement pursuant to Section 22.5; and (j) There exists no uncured Developer Default that is the subject of a Warning Notice, unless (i) Service Commencement will effect its cure, (ii) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement and has delivered to TxDOT any letter of credit required pursuant to Section 17.3.5.3(b) regarding the amount in dispute, or (iii) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period. 7.8.3.2 Developer shall provide TxDOT and the Independent Engineer with not less than 20 days prior written notification of the date Developer determines that it will satisfy all of the foregoing conditions (other than in Section 7.8.3.1(a), which is governed by the separate notice provisions under Section 7.8.1.4). During the 20-day period following receipt of such notice periodnotification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis, with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the applicable Facility Segment and the data and documentation submitted by Developer, and TxDOT’s issuance of a written certificate authorizing Service Commencement of the Facility Segment when all the conditions set forth in Section 7.8.3.1 are satisfied. 7.8.3.3 During the period specified in Section 7.8.3.2such 20-day period, the Independent Engineer shall conduct an inspection of the Facility Segment and such other review of reports, data and documentation as may be necessary to evaluate whether all of the conditions to Service Commencement have been satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection and review and within five days after the end of such 20-day period. TxDOT may, but is not obligated to, jointly with the period specified Independent Engineer or independently conduct such inspection and review within such 20- day period. 7.8.3.4 Developer shall provide TxDOT and the Independent Engineer a second written notification when Developer determines that it has satisfied all of the foregoing conditions (other than in Section 7.87.8.3.1(a)). Within five days after expiration of such 20-day period, TxDOT’s and the Independent Engineer’s receipt of the second notification and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, and provided the condition precedent set forth in Section 7.8.3.1(a) is satisfied, TxDOT shall either (a) issue a certificate authorizing Service Commencement or (b) notify Developer in writing setting forth, as applicable, why the conditions to Service Commencement have not been satisfied. If at the time the foregoing conditions (other than in Section 7.8.3.1(a)) are satisfied Developer has not yet achieved Substantial Completion, then as a condition to TxDOT’s issuance of a certificate authorizing Service Commencement TxDOT shall have the right to verify that at the time of Substantial Completion the condition precedent set forth in Section 7.8.3.1(j) remains satisfied. If TxDOT and Developer cannot agree as to the date of Service Commencement, such Dispute shall be resolved according to the Dispute Resolution Procedures.

Conditions to Service Commencement. 7.8.3.1 Developer shall not initiate, permit or suffer Service Commencement for any Facility Toll Segment until TxDOT issues a written certificate that all of the following conditions have been satisfied. TxDOT will issue such a written certificate immediately upon satisfaction of all the following conditions for the applicable Facility Toll Segment: (a) TxDOT has issued a certificate of Substantial Completion, or the Disputes Board has determined that TxDOT should have issued such certificate (regardless of whether TxDOT subsequently contests such determination); (b) [RESERVED] (c) All component parts, plans and documentation of the Facility Project Management Plan required to be prepared, submitted and approved prior to Service Commencement have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Project Management Plan; (cd) All Submittals required by the Facility Project Management Plan or CDA Documents to be submitted to and approved by TxDOT or the Independent Engineer prior to Service Commencement have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Project Management Plan or CDA Documents; (de) Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation of the Facility Toll Segment, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals; (ef) Developer, and, if applicable, TxDOT and the Independent Engineer Engineer, have completed preparation of the Punch List in accordance with Section 7.8.2; (fg) All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4; (gh) Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT; (hi) Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT; (ij) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Service Commencement pursuant to Section 22.5; and (jk) There exists no uncured Developer Default that is the subject of a Warning Notice, unless (i) Service Commencement will effect its cure, (ii) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Project Trust Agreement and has delivered to TxDOT any letter of credit required pursuant to Section 17.3.5.3(b) regarding the amount in dispute, or (iii) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period. 7.8.3.2 [RESERVED] 7.8.3.3 Developer shall provide TxDOT and the Independent Engineer with not less than 20 days prior written notification of the date Developer determines that it will satisfy all of the foregoing conditions (other than in Section 7.8.3.1(a), which is governed by the separate notice provisions under Section 7.8.1.47.8.1.5). During such notice period, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis, with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the applicable Facility ProjectToll Segment and the data and documentation submitted by Developer, and TxDOT’s issuance of a written certificate authorizing Service Commencement of the Facility Toll Segment when all the conditions set forth in Section 7.8.3.1 are satisfied. 7.8.3.3 7.8.3.4 During the period specified in Section 7.8.3.27.8.3.3, the Independent Engineer shall conduct an inspection of the Facility ProjectToll Segment and such other review of reports, data and documentation as may be necessary to evaluate whether all of the conditions to Service Commencement have been satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection and review and within five days after the end of the period specified in Section 7.87.8.3.3. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection and review within the period specified in Section 7.8.3.3. 7.8.3.5 Developer shall provide TxDOT and the Independent Engineer a second written notification when Developer determines that it has satisfied all of the foregoing conditions (other than in Section 7.8.3.1(a)). Within five days after expiration of the period specified in Section 7.8.3.3, TxDOT’s and the Independent Engineer’s receipt of the second notification and TxDOT’s receipt of the Independent Engineer’s report of findings and recommendations, and provided the condition precedent set forth in Section 7.8.3.1(a) is satisfied, TxDOT shall either (a) issue a certificate authorizing Service Commencement for the Toll Segment or (b) notify Developer in writing setting forth, as applicable, why the conditions to Service Commencement for the Toll Segment have not been satisfied. If at the time the foregoing conditions (other than in Section 7.8.3.1(a)) are satisfied Developer has not yet achieved Substantial Completion for a Toll Segment, then as a condition to TxDOT’s issuance of a certificate authorizing Service Commencement of the Toll Segment TxDOT shall have the right to verify that at the time of Substantial Completion the condition precedent set forth in Section 7.8.3.1(k) remains satisfied. If TxDOT and Developer cannot agree as to the date of Service Commencement, such Dispute shall be resolved according to the Dispute Resolution Procedures.

Conditions to Service Commencement. 7.8.3.1 Developer shall not initiate, permit or suffer Service Commencement for any Facility Segment until TxDOT issues a written certificate that all of the following conditions have been satisfied. TxDOT will issue such a written certificate immediately upon satisfaction of all the following conditions for the applicable Facility Segment: (a) TxDOT has issued a certificate of Substantial Completion, or the Disputes Board has determined that TxDOT should have issued such certificate (regardless of whether TxDOT subsequently contests such determination); (b) All component parts, plans and documentation of the Facility Management Plan required to be prepared, submitted and approved prior to Service Commencement have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Management Plan; (c) All Submittals required by the Facility Management Plan or CDA Documents to be submitted to and approved by TxDOT or the Independent Engineer prior to Service Commencement have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Management Plan or CDA Documents; (d) Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation of the Facility Segment, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals; (e) Developer, and, if applicable, TxDOT and the Independent Engineer have completed preparation of the Punch List in accordance with Section 7.8.2; (f) All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4; (g) Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT; (h) Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT; (i) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Service Commencement pursuant to Section 22.5; and (j) There exists no uncured Developer Default that is the subject of a Warning Notice, unless (i) Service Commencement will effect its cure, (ii) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Trust Agreement and has delivered to TxDOT any letter of credit required pursuant to Section 17.3.5.3(b) regarding the amount in dispute, or (iii) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period. 7.8.3.2 Developer shall provide TxDOT and the Independent Engineer with not less than 20 days prior written notification of the date Developer determines that it will satisfy all of the foregoing conditions (other than in Section 7.8.3.1(a), which is governed by the separate notice provisions under Section 7.8.1.4). During the 20-day period following receipt of such notice periodnotification, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis, with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the applicable Facility Segment and the data and documentation submitted by Developer, and TxDOT’s issuance of a written certificate authorizing Service Commencement of the Facility Segment when all the conditions set forth in Section 7.8.3.1 are satisfied. 7.8.3.3 During the period specified in Section 7.8.3.2, the Independent Engineer shall conduct an inspection of the Facility Segment and such other review of reports, data and documentation as may be necessary to evaluate whether all of the conditions to Service Commencement have been satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection and review and within five days after the end of the period specified in Section 7.8.

Conditions to Service Commencement. 7.8.3.1 Developer shall not initiate, permit or suffer Service Commencement for any Facility Project Segment until TxDOT issues a written certificate that all of the following conditions have been satisfied. TxDOT will issue such a written certificate immediately upon satisfaction of all the following conditions for the applicable Facility Project Segment: (a) TxDOT has issued a certificate of Substantial Completion, or the Disputes Board has determined that TxDOT should have issued such certificate (regardless of whether TxDOT subsequently contests such determination); (b) [RESERVED] (c) All component parts, plans and documentation of the Facility Project Management Plan required to be prepared, submitted and approved prior to Service Commencement have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Facility Project Management Plan; (cd) All Submittals required by the Facility Project Management Plan or CDA Documents to be submitted to and approved by TxDOT or the Independent Engineer prior to Service Commencement have been submitted to and approved by TxDOT and the Independent Engineer, in the form and content required by the Facility Project Management Plan or CDA Documents; (de) Developer has received, and paid all associated fees for, all applicable Governmental Approvals and other third party approvals required for use and operation of the Facility Project Segment, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals; (ef) Developer, and, if applicable, TxDOT and the Independent Engineer Engineer, have completed preparation of the Punch List in accordance with Section 7.8.2; (fg) All Insurance Policies required under this Agreement during the Operating Period have been obtained and Developer has delivered to TxDOT verification thereof as required under Section 16.1.2.4; (gh) Any Payment and Performance Bonds, including dual obligee riders in favor of TxDOT, required under Section 16.2 during the Operating Period have been obtained and Developer has delivered the same to TxDOT; (hi) Any other guaranty of payment or performance required pursuant to Section 16.4 during the Operating Period has been delivered to TxDOT; (ij) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Service Commencement pursuant to Section 22.5; and (jk) There exists no uncured Developer Default that is the subject of a Warning Notice, unless (i) Service Commencement will effect its cure, (ii) with respect to a monetary default that Developer has disputed in writing, Developer is current in its deposit of funds into the TxDOT Claims Account in accordance with the Facility Project Trust Agreement and has delivered to TxDOT any letter of credit required pursuant to Section 17.3.5.3(b) regarding the amount in dispute, or (iii) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period. 7.8.3.2 [RESERVED] 7.8.3.3 Developer shall provide TxDOT and the Independent Engineer with not less than 20 days prior written notification of the date Developer determines that it will satisfy all of the foregoing conditions (other than in Section 7.8.3.1(a), which is governed by the separate notice provisions under Section 7.8.1.47.8.1.5). During such notice period, Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular cooperative basis, with the goal being TxDOT's and the Independent Engineer’s orderly, timely inspection and review of the applicable Facility Project Segment and the data and documentation submitted by DeveloperXxxxxxxxx, and TxDOT’s issuance of a written certificate authorizing Service Commencement of the Facility Project Segment when all the conditions set forth in Section 7.8.3.1 are satisfied. 7.8.3.3 7.8.3.4 During the period specified in Section 7.8.3.27.8.3.3, the Independent Engineer shall conduct an inspection of the Facility Project Segment and such other review of reports, data and documentation as may be necessary to evaluate whether all of the conditions to Service Commencement have been satisfied. The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection and review and within five days after the end of the period specified in Section 7.8.