Common use of Implementation of Warranty Clause in Contracts

Implementation of Warranty. 9.3.1 Within seven Days of receipt by 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 Maintenance Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which Maintenance Contractor is responsible to enforce, Maintenance Contractor and TxDOT shall mutually agree when and how 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, 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. Maintenance Contractor and TxDOT shall promptly meet in order to agree on a remedy. If Maintenance Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if 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 Maintenance Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days after Maintenance Contractor’s receipt of an invoice therefor. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT to Maintenance Contractor pursuant to this Comprehensive Maintenance Agreement. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.2.

Implementation of Warranty. 9.3.1 Within seven Days of receipt by Maintenance 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 Maintenance that DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which Maintenance that DB Contractor is responsible to enforce, Maintenance DB Contractor and TxDOT shall mutually agree when and how Maintenance 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, Maintenance 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. Maintenance DB Contractor and TxDOT shall promptly meet in order to agree on a remedy. If Maintenance DB Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if Maintenance 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 Maintenance DB Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten 10 Days after Maintenance 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 Maintenance DB Contractor pursuant to this Comprehensive Maintenance AgreementCMA. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.2.

Implementation of Warranty. 9.3.1 Within seven Days of receipt by 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 Maintenance Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which Maintenance Contractor is responsible to enforce, Maintenance Contractor and TxDOT shall mutually agree when and how 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, 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. Maintenance Contractor and TxDOT shall promptly meet in order to agree on a remedy. If Maintenance Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if 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 Maintenance Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days after Maintenance Contractor’s receipt of an invoice therefor. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT to Maintenance Contractor pursuant to this Comprehensive Capital Maintenance Agreement. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.2.

Implementation of Warranty. 9.3.1 3.7.2.1 Within seven Days days of receipt by Maintenance 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 Maintenance that DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which Maintenance that DB Contractor is responsible to enforce, Maintenance DB Contractor and TxDOT shall mutually agree when and how Maintenance 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, Maintenance 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. Maintenance DB Contractor and TxDOT shall promptly meet in order to agree on a remedy. If Maintenance DB Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if Maintenance 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 Maintenance DB Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days days after Maintenance 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 Maintenance 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.

Implementation of Warranty. 9.3.1 Within seven Days of receipt by Maintenance 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 Maintenance DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which Maintenance DB Contractor is responsible to enforce, Maintenance DB Contractor and TxDOT shall mutually agree when and how Maintenance 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, Maintenance 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. Maintenance DB Contractor and TxDOT shall promptly meet in order to agree on a remedy. If Maintenance DB Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if Maintenance 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 Maintenance DB Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days after Maintenance 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 Maintenance DB Contractor pursuant to this Comprehensive Capital Maintenance Agreement. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.2.

Implementation of Warranty. 9.3.1 Within seven Days of receipt by Maintenance 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 Maintenance that DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which Maintenance that DB Contractor is responsible to enforce, Maintenance 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 Maintenance 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, Maintenance 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. Maintenance DB Contractor and TxDOT shall promptly meet in order to agree on a remedy. If Maintenance DB Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if Maintenance 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 Maintenance DB Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten 10 Days after Maintenance 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 Maintenance DB Contractor pursuant to this Comprehensive Maintenance AgreementCMA. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.2.

Implementation of Warranty. 9.3.1 Within seven Days of receipt by 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 Maintenance Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation which Maintenance Contractor is responsible to enforce, Maintenance Contractor and TxDOT shall mutually agree when and how 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, 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. Maintenance Contractor and TxDOT shall promptly meet in order to agree on a remedy. If Maintenance Contractor does not use its best efforts to effectuate such remedy within the agreed time, or if 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 Maintenance Contractor. Reimbursement for TxDOT’s Recoverable Costs associated with such work shall be payable to TxDOT within ten Days after Maintenance Contractor’s receipt of an invoice therefor. Alternatively, TxDOT, in its sole discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT to Maintenance Contractor pursuant to this Comprehensive Capital Maintenance Agreement. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.9.25.12.2.