Common use of Implementation of Warranty Clause in Contracts

Implementation of Warranty. 3.6.2.1 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 that DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation 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 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 days after DB Contractor’s receipt of an invoice therefor. Alternatively, TxDOT, in its discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor pursuant to this Capital Maintenance Contract. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.3.2.

Implementation of Warranty. 3.6.2.1 9.3.1 Within seven days 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 that DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation 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 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 discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor pursuant to this Capital Maintenance ContractAgreement. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.3.25.9.2.

Implementation of Warranty. 3.6.2.1 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 that DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation 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 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 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 discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor pursuant to this Capital Maintenance Contract. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.3.2.

Implementation of Warranty. 3.6.2.1 9.3.1 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 that which DB Contractor is responsible to enforce, or (c) a misrepresentation by a Subcontractor regarding an obligation that 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 that 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 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 Capital Comprehensive Maintenance ContractAgreement. TxDOT may agree to accept Nonconforming Work in accordance with Section 5.3.25.9.2.