Importance of Timely Response. Maintenance Contractor acknowledges and agrees that, due to limitations on funding for the Project, timely delivery of PCO Notices and Requests for Change Orders and updates thereto are of vital importance to TxDOT. TxDOT is relying on Maintenance Contractor to evaluate promptly upon the occurrence of any event or situation whether the event or situation will affect the Maintenance Price and, if so, whether Maintenance Contractor believes a Maintenance Price increase is required hereunder. If an event or situation occurs which may affect the Maintenance Price, TxDOT will evaluate the situation and determine whether it wishes to make any changes to the definition of the Project so as to bring it within TxDOT’s funding and time restraints. The following matters (among others) shall be considered in determining whether TxDOT has been prejudiced by Maintenance Contractor’s failure to provide timely notice: (a) the effect of the delay on alternatives available to TxDOT (that is, a comparison of alternatives which are available at the time notice was actually given and alternatives which would have been available had notice been given within ten days after occurrence of the event or when such occurrence should have been discovered in the exercise of reasonable prudence); and (b) the impact of the delay on TxDOT’s ability to obtain and review objective information contemporaneously with the event.
Importance of Timely Response. DB Contractor acknowledges and agrees that, due to limitations on funding for the Project, timely delivery of PCO Notices and Requests for Change Orders and updates thereto are of vital importance to TxDOT. TxDOT is relying on DB Contractor to evaluate promptly upon the occurrence of any event or situation whether the event or situation will affect the Maintenance Price and, if so, whether DB Contractor believes a Maintenance Price increase is required hereunder. The following matters (among others) shall be considered in determining whether TxDOT has been prejudiced by DB Contractor’s failure to provide timely notice: (a) the effect of the delay on alternatives available to TxDOT (that is, a comparison of alternatives that are available at the time notice was actually given and alternatives that would have been available had notice been given within ten days after occurrence of the event or when such occurrence should have been discovered in the exercise of reasonable prudence); and (b) the impact of the delay on TxDOT’s ability to obtain and review objective information contemporaneously with the event.
