Common use of Implementation of Warranty Clause in Contracts

Implementation of Warranty. 9.3.1 Within seven Days of receipt by DB Contractor of notice from TxDOT specifying: (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which DB Contractor is responsible to enforce, DB Contractor and TxDOT shall mutually agree when and how DB Contractor shall remedy such failure or misrepresentation; provided, however, that in case of an Emergency requiring immediate curative action or a situation which poses a significant safety risk, DB Contractor shall implement such action as it deems necessary and shall immediately notify TxDOT in writing of the Emergency and the urgency of the decision. DB Contractor and TxDOT shall promptly meet in order to agree on a remedy. If DB Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if DB Contractor and TxDOT fail to reach such an agreement within such seven-Day period (or immediately, in the case of emergency conditions), TxDOT shall have the right, but not the obligation, to perform or have performed by third parties the necessary remedy, and the costs thereof shall be borne by DB Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days after DB 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 DB Contractor pursuant to this Comprehensive Maintenance Agreement. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.2. 9.3.2 DB Contractor shall be responsible for obtaining any required encroachment permits and required consents from any other Persons in connection with the performance of Maintenance Services required under this Section 9. DB Contractor shall bear all costs of such Maintenance Services, including additional testing and inspections.

Implementation of Warranty. 9.3.1 Within seven Days of receipt by DB Maintenance Contractor of notice from TxDOT specifying: (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which DB Maintenance Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which DB Maintenance Contractor is responsible to enforce, DB Maintenance Contractor and TxDOT shall mutually agree when and how DB Maintenance Contractor shall remedy such failure or misrepresentation; provided, however, that in case of an Emergency requiring immediate curative action or a situation which poses a significant safety risk, DB Maintenance Contractor shall implement such action as it deems necessary and shall immediately notify TxDOT in writing of the Emergency and the urgency of the decision. DB Maintenance Contractor and TxDOT shall promptly meet in order to agree on a remedy. If DB Maintenance Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if DB Maintenance Contractor and TxDOT fail to reach such an agreement within such seven-Day period (or immediately, in the case of emergency conditions), TxDOT shall have the right, but not the obligation, to perform or have performed by third parties the necessary remedy, and the costs thereof shall be borne by DB Maintenance Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days after DB 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 DB Maintenance Contractor pursuant to this Comprehensive Maintenance Agreement. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.2. 9.3.2 DB Maintenance Contractor shall be responsible for obtaining any required encroachment permits and required consents from any other Persons in connection with the performance of Maintenance Services required under this Section 9. DB Maintenance Contractor shall bear all costs of such Maintenance Services, including additional testing and inspections.

Implementation of Warranty. 9.3.1 Within seven Days of receipt by DB Contractor of notice from TxDOT specifying: specifying (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which that DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which that DB Contractor is responsible to enforce, DB Contractor and TxDOT shall mutually agree when and how DB Contractor shall remedy such failure or misrepresentation; provided, however, that that, in case of an Emergency requiring immediate curative action or a situation which that poses a significant safety risk, DB Contractor shall implement such action as it deems necessary and shall immediately notify TxDOT in writing of the Emergency and the urgency of the decision. DB Contractor and TxDOT shall promptly meet in order to agree on a remedy. If DB Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if DB Contractor and TxDOT fail to reach such an agreement within such seven-Day period (or immediately, in the case of emergency conditions), TxDOT shall have the right, but not the obligation, to perform or have performed by third parties the necessary remedy, and the costs thereof shall be borne by DB Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten 10 Days after DB 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 DB Contractor pursuant to this Comprehensive Capital Maintenance Agreement. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.2. 9.3.2 DB Contractor shall be responsible for obtaining any required encroachment permits and required consents from any other Persons in connection with the performance of Maintenance Services required under this Section 9. DB Contractor shall bear all costs of such Maintenance Services, including additional testing and inspections.

Implementation of Warranty. 9.3.1 Within seven Days of receipt by DB Maintenance Contractor of notice from TxDOT specifying: (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which DB Maintenance Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which DB Maintenance Contractor is responsible to enforce, DB Maintenance Contractor and TxDOT shall mutually agree when and how DB Maintenance Contractor shall remedy such failure or misrepresentation; provided, however, that in case of an Emergency emergency requiring immediate curative action or a situation which poses a significant safety risk, DB Maintenance Contractor shall implement such action as it deems necessary and shall immediately notify TxDOT in writing of the Emergency emergency and the urgency of the decision. DB Maintenance Contractor and TxDOT shall promptly meet in order to agree on a remedy. If DB Maintenance Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if DB Maintenance Contractor and TxDOT fail to reach such an agreement within such seven-Day period (or immediately, in the case of emergency conditions), TxDOT shall have the right, but not the obligation, to perform or have performed by third parties the necessary remedy, and the costs thereof shall be borne by DB Maintenance Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days after DB 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 DB Maintenance Contractor pursuant to this Comprehensive Capital Maintenance Agreement. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.2. 9.3.2 DB Maintenance Contractor shall be responsible for obtaining any required encroachment permits and required consents from any other Persons in connection with the performance of Maintenance Services required under this Section 9. DB Maintenance Contractor shall bear all costs of such Maintenance Services, including additional testing and inspections, and Maintenance Contractor shall reimburse TxDOT or pay TxDOT’s expenses made necessary thereby, including any costs incurred by TxDOT for independent quality assurance and/or quality control with respect to such Maintenance Services within ten days after Maintenance Contractor’s receipt of invoices therefor (including, subject to the limitations in Section 12.6). 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.

Implementation of Warranty. 9.3.1 Within seven Days of receipt by DB Contractor of notice from TxDOT specifying: specifying (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which that DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which that DB Contractor is responsible to enforce, DB Contractor and TxDOT shall mutually agree when and how DB Contractor shall remedy such failure or misrepresentation; provided, however, that that, in case of an Emergency requiring immediate curative action or a situation which that poses a significant safety risk, DB Contractor shall implement such action as it deems necessary and shall immediately notify TxDOT in writing of the Emergency and the urgency of the decision. DB Contractor and TxDOT shall promptly meet in order to agree on a remedy. If DB Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if DB Contractor and TxDOT fail to reach such an agreement within such seven-Day period (or immediately, in the case of emergency conditions), TxDOT shall have the right, but not the obligation, to perform or have performed by third parties the necessary remedy, and the costs thereof shall be borne by DB Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten 10 Days after DB 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 DB Contractor pursuant to this Comprehensive Maintenance AgreementCMA. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.2. 9.3.2 DB Contractor shall be responsible for obtaining any required encroachment permits and required consents from any other Persons in connection with the performance of Maintenance Services required under this Section 9. DB Contractor shall bear all costs of such Maintenance Services, including additional testing and inspections.

Implementation of Warranty. 9.3.1 3.7.2.1 Within seven Days days of receipt by DB Contractor of notice from TxDOT specifying: (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which that DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which that DB Contractor is responsible to enforce, DB Contractor and TxDOT shall mutually agree when and how DB Contractor shall remedy such failure or misrepresentation; provided, however, that in case of an Emergency requiring immediate curative action or a situation which that poses a significant safety risk, DB Contractor shall implement such action as it deems necessary and shall immediately notify TxDOT in writing of the Emergency and the urgency of the decision. DB Contractor and TxDOT shall promptly meet in order to agree on a remedy. If DB Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if DB Contractor and TxDOT fail to reach such an agreement within such seven-Day day period (or immediately, in the case of emergency conditions), TxDOT shall have the right, but not the obligation, to perform or have performed by third parties the necessary remedy, and the costs thereof shall be borne by DB Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days days after DB 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 DB Contractor pursuant to this Comprehensive Capital Maintenance AgreementContract. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.25.3.2. 9.3.2 3.7.2.2 DB Contractor shall be responsible for obtaining any required encroachment permits and required consents from any other Persons in connection with the performance of Maintenance Services required under this Section 93.7. DB Contractor shall bear all costs of such Maintenance Services, including additional testing and inspections.

Implementation of Warranty. 9.3.1 Within seven Days of receipt by DB Contractor of notice from TxDOT specifying: (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which DB Contractor is responsible to enforce, DB Contractor and TxDOT shall mutually agree when and how DB Contractor shall remedy such failure or misrepresentation; provided, however, that in case of an Emergency requiring immediate curative action or a situation which poses a significant safety risk, DB Contractor shall implement such action as it deems necessary and shall immediately notify TxDOT in writing of the Emergency and the urgency of the decision. DB Contractor and TxDOT shall promptly meet in order to agree on a remedy. If DB Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if DB Contractor and TxDOT fail to reach such an agreement within such seven-Day period (or immediately, in the case of emergency conditions), TxDOT shall have the right, but not the obligation, to perform or have performed by third parties the necessary remedy, and the costs thereof shall be borne by DB Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days after DB 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 DB Contractor pursuant to this Comprehensive Capital Maintenance Agreement. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.2. 9.3.2 DB Contractor shall be responsible for obtaining any required encroachment permits and required consents from any other Persons in connection with the performance of Maintenance Services required under this Section 9. DB Contractor shall bear all costs of such Maintenance Services, including additional testing and inspections.

Implementation of Warranty. 9.3.1 3.6.2.1 Within seven Days days of receipt by DB Contractor of notice from TxDOT specifying: (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which that DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which that DB Contractor is responsible to enforce, DB Contractor and TxDOT shall mutually agree when and how DB Contractor shall remedy such failure or misrepresentation; provided, however, that in case of an Emergency requiring immediate curative action or a situation which that poses a significant safety risk, DB Contractor shall implement such action as it deems necessary and shall immediately notify TxDOT in writing of the Emergency and the urgency of the decision. DB Contractor and TxDOT shall promptly meet in order to agree on a remedy. If DB Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if DB Contractor and TxDOT fail to reach such an agreement within such seven-Day day period (or immediately, in the case of emergency conditions), TxDOT shall have the right, but not the obligation, to perform or have performed by third parties the necessary remedy, and the costs thereof shall be borne by DB Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days days after DB 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 DB Contractor pursuant to this Comprehensive Capital Maintenance AgreementContract. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.25.3.2. 9.3.2 3.6.2.2 DB Contractor shall be responsible for obtaining any required encroachment permits and required consents from any other Persons in connection with the performance of Maintenance Services required under this Section 93.6. DB Contractor shall bear all costs of such Maintenance Services, including additional testing and inspections.

Implementation of Warranty. 9.3.1 Within seven Days of receipt by DB Maintenance Contractor of notice from TxDOT specifying: (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which DB Maintenance Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which DB Maintenance Contractor is responsible to enforce, DB Maintenance Contractor and TxDOT shall mutually agree when and how DB Maintenance Contractor shall remedy such failure or misrepresentation; provided, however, that in case of an Emergency emergency requiring immediate curative action or a situation which poses a significant safety risk, DB Maintenance Contractor shall implement such action as it deems necessary and shall immediately notify TxDOT in writing of the Emergency emergency and the urgency of the decision. DB Maintenance Contractor and TxDOT shall promptly meet in order to agree on a remedy. If DB Maintenance Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if DB Maintenance Contractor and TxDOT fail to reach such an agreement within such seven-Day period (or immediately, in the case of emergency conditions), TxDOT shall have the right, but not the obligation, to perform or have performed by third parties the necessary remedy, and the costs thereof shall be borne by DB Maintenance Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days after DB 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 DB Maintenance Contractor pursuant to this Comprehensive Capital Maintenance Agreement. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.2. 9.3.2 DB Maintenance Contractor shall be responsible for obtaining any required encroachment permits and required consents from any other Persons in connection with the performance of Maintenance Services required under this Section 9. DB Maintenance Contractor shall bear all costs of such Maintenance Services, including additional testing and inspections, and Maintenance Contractor shall reimburse TxDOT or pay TxDOT’s expenses made necessary thereby, including any costs incurred by TxDOT for independent quality assurance and/or quality control with respect to such Maintenance Services within ten days after Maintenance Contractor’s receipt of invoices therefor (including, subject to the limitations in Section 12.6, any lost revenue arising from or relating to such Maintenance Services). 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.

Implementation of Warranty. 9.3.1 Within seven Days of receipt by DB Maintenance Contractor of notice from TxDOT specifying: (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which DB Maintenance Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which DB Maintenance Contractor is responsible to enforce, DB Maintenance Contractor and TxDOT shall mutually agree when and how DB Maintenance Contractor shall remedy such failure or misrepresentation; provided, however, that in case of an Emergency requiring immediate curative action or a situation which poses a significant safety risk, DB Maintenance Contractor shall implement such action as it deems necessary and shall immediately notify TxDOT in writing of the Emergency and the urgency of the decision. DB Maintenance Contractor and TxDOT shall promptly meet in order to agree on a remedy. If DB Maintenance Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if DB Maintenance Contractor and TxDOT fail to reach such an agreement within such seven-Day period (or immediately, in the case of emergency Emergency conditions), TxDOT shall have the right, but not the obligation, to perform or have performed by third parties the necessary remedy, and the costs thereof shall be borne by DB Maintenance Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days after DB 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 DB Maintenance Contractor pursuant to this Comprehensive Maintenance AgreementCMA. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.2. 9.3.2 DB Maintenance Contractor shall be responsible for obtaining any required encroachment permits and required consents from any other Persons in connection with the performance of Maintenance Services required under this Section 9. DB Maintenance Contractor shall bear all costs of such Maintenance Services, including additional testing and inspections, and Maintenance Contractor shall reimburse TxDOT or pay TxDOT’s expenses made necessary thereby, including any costs incurred by TxDOT for independent quality assurance and/or quality control with respect to such Maintenance Services within ten days after Maintenance Contractor’s receipt of invoices therefor (including, subject to the limitations in Section 12.6, any lost revenue arising from or relating to such Maintenance Services). 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 CMA.

Implementation of Warranty. 9.3.1 3.6.2.1 Within seven Days days of receipt by DB Contractor of notice from TxDOT specifying: (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which that DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which that DB Contractor is responsible to enforce, DB Contractor and TxDOT shall mutually agree when and how DB Contractor shall remedy such failure or misrepresentation; provided, however, that in case of an Emergency requiring immediate curative action or a situation which that poses a significant safety risk, DB Contractor shall implement such action as it deems necessary and shall immediately notify TxDOT in writing of the Emergency and the urgency of the decision. DB Contractor and TxDOT shall promptly meet in order to agree on a remedy. If DB Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if DB Contractor and TxDOT fail to reach such an agreement within such seven-Day day period (or immediately, in the case of emergency conditions), TxDOT shall have the right, but not the obligation, to perform or have performed by third parties the necessary remedy, and the costs thereof shall be borne by DB Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days 10 days after DB 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 DB Contractor pursuant to this Comprehensive Capital Maintenance AgreementContract. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.25.3.2. 9.3.2 3.6.2.2 DB Contractor shall be responsible for obtaining any required encroachment permits and required consents from any other Persons in connection with the performance of Maintenance Services required under this Section 93.6. DB Contractor shall bear all costs of such Maintenance Services, including additional testing and inspections.

Implementation of Warranty. 9.3.1 3.6.2.1 Within seven Days days of receipt by DB Contractor of notice from TxDOT specifying: (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which that DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which that DB Contractor is responsible to enforce, DB Contractor and TxDOT shall mutually agree when and how DB Contractor shall remedy such failure or misrepresentation; provided, however, that in case of an Emergency requiring immediate curative action or a situation which that poses a significant safety risk, DB Contractor shall implement such action as it deems necessary and shall immediately notify TxDOT in writing of the Emergency and the urgency of the decision. DB Contractor and TxDOT shall promptly meet DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8 in order to agree on a remedy. If DB Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if DB Contractor and TxDOT fail to reach such an agreement within such seven-Day day period (or immediately, in the case of emergency conditions), TxDOT shall have the right, but not the obligation, to perform or have performed by third parties the necessary remedy, and the costs thereof shall be borne by DB Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days 10 days after DB 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 DB Contractor pursuant to this Comprehensive Capital Maintenance AgreementContract. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.25.3.2. 9.3.2 3.6.2.2 DB Contractor shall be responsible for obtaining any required encroachment permits and required consents from any other Persons in connection with the performance of Maintenance Services required under this Section 93.6. DB Contractor shall bear all costs of such Maintenance Services, including additional testing and inspections.

Implementation of Warranty. 9.3.1 3.6.2.1 Within seven Days days of receipt by DB Contractor of notice from TxDOT specifying: (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which that DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which that DB Contractor is responsible to enforce, DB Contractor and TxDOT shall mutually agree when and how DB Contractor shall remedy such failure or misrepresentation; provided, however, that in case of an Emergency requiring immediate curative action or a situation which that poses a significant safety risk, DB Contractor shall implement such action as it deems necessary and shall immediately notify TxDOT in writing of the Emergency and the urgency of the decision. DB Contractor and TxDOT shall promptly meet DocuSign Envelope ID: 8320AD6C-99DF-41FA-9908-4E441F89A70B in order to agree on a remedy. If DB Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if DB Contractor and TxDOT fail to reach such an agreement within such seven-Day day period (or immediately, in the case of emergency conditions), TxDOT shall have the right, but not the obligation, to perform or have performed by third parties the necessary remedy, and the costs thereof shall be borne by DB Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days 10 days after DB 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 DB Contractor pursuant to this Comprehensive Capital Maintenance AgreementContract. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.25.3.2. 9.3.2 3.6.2.2 DB Contractor shall be responsible for obtaining any required encroachment permits and required consents from any other Persons in connection with the performance of Maintenance Services required under this Section 93.6. DB Contractor shall bear all costs of such Maintenance Services, including additional testing and inspections.

Implementation of Warranty. 9.3.1 Within seven Days of receipt by DB Contractor of notice from TxDOT specifying: specifying (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which that DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which that DB Contractor is responsible to enforce, DB Contractor and TxDOT shall mutually agree when and Texas Department of Transportation - 54 - Execution Version I-635 LBJ East Project Capital Maintenance Agreement how DB Contractor shall remedy such failure or misrepresentation; provided, however, that that, in case of an Emergency requiring immediate curative action or a situation which that poses a significant safety risk, DB Contractor shall implement such action as it deems necessary and shall immediately notify TxDOT in writing of the Emergency and the urgency of the decision. DB Contractor and TxDOT shall promptly meet in order to agree on a remedy. If DB Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if DB Contractor and TxDOT fail to reach such an agreement within such seven-Day period (or immediately, in the case of emergency conditions), TxDOT shall have the right, but not the obligation, to perform or have performed by third parties the necessary remedy, and the costs thereof shall be borne by DB Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten 10 Days after DB 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 DB Contractor pursuant to this Comprehensive Maintenance AgreementCMA. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.2. 9.3.2 DB Contractor shall be responsible for obtaining any required encroachment permits and required consents from any other Persons in connection with the performance of Maintenance Services required under this Section 9. DB Contractor shall bear all costs of such Maintenance Services, including additional testing and inspections.

Implementation of Warranty. 9.3.1 Within seven Days of receipt by DB Maintenance Contractor of notice from TxDOT specifying: (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which DB Maintenance Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which DB Maintenance Contractor is responsible to enforce, DB Maintenance Contractor and TxDOT shall mutually agree when and how DB Maintenance Contractor shall remedy such failure or misrepresentation; provided, however, that in case of an Emergency requiring immediate curative action or a situation which poses a significant safety risk, DB Maintenance Contractor shall implement such action as it deems necessary and shall immediately notify TxDOT in writing of the Emergency and the urgency of the decision. DB Maintenance Contractor and TxDOT shall promptly meet in order to agree on a remedy. If DB Maintenance Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if DB Maintenance Contractor and TxDOT fail to reach such an agreement within such seven-Day period (or immediately, in the case of emergency conditions), TxDOT shall have the right, but not the obligation, to perform or have performed by third parties the necessary remedy, and the costs thereof shall be borne by DB Maintenance Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days after DB 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 DB Maintenance Contractor pursuant to this Comprehensive Maintenance Agreement. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.2. 9.3.2 DB Maintenance Contractor shall be responsible for obtaining any required encroachment permits and required consents from any other Persons in connection with the performance of Maintenance Services required under this Section 9. DB Maintenance Contractor shall bear all costs of such Maintenance Services, including additional testing and inspections, and Maintenance Contractor shall reimburse TxDOT or pay TxDOT’s expenses made necessary thereby, including any costs incurred by TxDOT for independent quality assurance and/or quality control with respect to such Maintenance Services within ten days after Maintenance Contractor’s receipt of invoices therefor (including, subject to the limitations in Section 12.6, any lost revenue arising from or relating to such Maintenance Services). 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 Comprehensive Maintenance Agreement.

Implementation of Warranty. 9.3.1 Within seven Days of receipt by DB Maintenance Contractor of notice from TxDOT specifying: (a) a failure of the Maintenance Services to satisfy the Warranties, (b) the failure of any Subcontractor warranty, guarantee or obligation which DB Maintenance Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which DB Maintenance Contractor is responsible to enforce, DB Maintenance Contractor and TxDOT shall mutually agree when and how DB Maintenance Contractor shall remedy such failure or misrepresentation; provided, however, that in case of an Emergency requiring immediate Texas Department of Transportation Loop 375 - Border Highway West Extension Project December 20, 2013 40 Request for Proposals Comprehensive Maintenance Agreement curative action or a situation which poses a significant safety risk, DB Maintenance Contractor shall implement such action as it deems necessary and shall immediately notify TxDOT in writing of the Emergency and the urgency of the decision. DB Maintenance Contractor and TxDOT shall promptly meet in order to agree on a remedy. If DB Maintenance Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if DB Maintenance Contractor and TxDOT fail to reach such an agreement within such seven-Day period (or immediately, in the case of emergency conditions), TxDOT shall have the right, but not the obligation, to perform or have performed by third parties the necessary remedy, and the costs thereof shall be borne by DB Maintenance Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days after DB 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 DB Maintenance Contractor pursuant to this Comprehensive Maintenance Agreement. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.2. 9.3.2 DB Maintenance Contractor shall be responsible for obtaining any required encroachment permits and required consents from any other Persons in connection with the performance of Maintenance Services required under this Section 9. DB Maintenance Contractor shall bear all costs of such Maintenance Services, including additional testing and inspections, and Maintenance Contractor shall reimburse TxDOT or pay TxDOT’s expenses made necessary thereby, including any costs incurred by TxDOT for independent quality assurance and/or quality control with respect to such Maintenance Services within ten days after Maintenance Contractor’s receipt of invoices therefor (including, subject to the limitations in Section 12.6, any lost revenue arising from or relating to such Maintenance Services). 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 Comprehensive Maintenance Agreement.