Initial Maintenance Term. 4.1.1 The initial maintenance term shall commence on the Initial Maintenance Term Commencement Date, provided that TxDOT, in its discretion, has issued Maintenance NTP1 in accordance with Section 2.1, and shall continue for a period of five years, unless terminated earlier in accordance with the terms of this CMA (the “Initial Maintenance Term”).
4.1.2 Pre-CMA Transition and Condition Inspection
4.1.2.1 General Transition Requirements
Initial Maintenance Term. The initial maintenance term shall commence on the date of Substantial Completion of the Project in accordance with the DB Agreement provided TxDOT has issued Maintenance NTP1 (the “Initial Maintenance Term Commencement Date”), and shall continue for a period of five years, unless terminated earlier in accordance with the terms of this Capital Maintenance Agreement (the “Initial Maintenance Term”). During the first year of the Initial Maintenance Term, in which the construction warranties under the Design-Build Agreement are in effect, for any failures of any of the work that is the subject of the warranties, DB Contractor shall be required to correct such work pursuant to the DB Agreement and shall bear the costs associated with correcting such warranted work under the DB Agreement. These costs are not included in the Maintenance Price set forth in Exhibit 4 of this Capital Maintenance Agreement.
Initial Maintenance Term. The Initial Maintenance Term shall commence one year after Final Acceptance of the Project to be constructed in accordance with the Design-Build Agreement (the “Initial Maintenance Term Commencement Date”), and shall continue for a period of five years, unless terminated earlier in accordance with the terms of this Capital Maintenance Agreement.
Initial Maintenance Term. 4.1.1 TxDOT, in its sole and absolute discretion, shall have the option to enforce this Comprehensive Maintenance Agreement and initiate the Initial Maintenance Term. If TxDOT elects to exercise such option, the Initial Maintenance Term shall commence upon Substantial Completion of the Project to be constructed in accordance with the Design-Build Agreement (the “Initial Maintenance Term Commencement Date”), and shall continue for a period of five years, unless terminated earlier in accordance with the terms of this Comprehensive Maintenance Agreement.
4.1.2 TxDOT may elect to exercise its option rights for an Initial Maintenance Term by issuing Maintenance NTP1 to Maintenance Contractor on or before 180 Days prior to Substantial Completion of the Project to be constructed under the Design-Build Agreement. If TxDOT does not deliver Maintenance NTP1 to Maintenance Contractor by such date, TxDOT shall be deemed to have elected to terminate this Comprehensive Maintenance Agreement, unless the Parties otherwise agree in writing. TxDOT shall have no liability to Maintenance Contractor for a failure to issue Maintenance NTP1.
Initial Maintenance Term. In the event TxDOT issues Maintenance NTP1 in accordance with Section 2.2, the Initial Maintenance Term option shall commence two years after Final Acceptance of the Project to be constructed in accordance with the Development Agreement (the “Initial Maintenance Term Commencement Date”), and shall continue for a period of five years, unless terminated earlier in accordance with the terms of this Capital Maintenance Agreement.
Initial Maintenance Term. The initial term ("Initial Term") of this Agreement for all modules, shall begin thirty (30) days following the Software Acceptance Date ("Maintenance Agreement Effective Date") for Jurymark. Unless sooner terminated in accordance with §15 hereof, or unless extended in accordance with §4 hereof, the term of this Agreement shall remain in effect for a period ending on the date immediately prior to the third (3rd) annual anniversary date of the Maintenance Agreement Effective Date.
Initial Maintenance Term. 4.1.1 The Initial Maintenance Term shall commence upon Final Acceptance of the Project to be constructed in accordance with the Development Agreement (the “Initial Maintenance Term Commencement Date”), and shall continue for a period of five years, unless terminated earlier in accordance with the terms of this Comprehensive Maintenance Agreement. During the first year of the Initial Maintenance Term, in which the construction warranties under the Development Agreement are in effect, for any failures of any of the work that is the subject of any such warranties, Maintenance Contractor shall not be required to correct or bear any of the costs associated with correcting such warranteed work. Maintenance Contractor shall not include these costs in the Maintenance Price set forth in Exhibit 4 of this Comprehensive Maintenance Agreement.
Initial Maintenance Term. In connection with AP's initial distribution of Selected PSC Products in conjunction with each AP license of Covered Application(s) to an AP customer, PSC maintenance coverage for such Selected PSC Products during the initial maintenance term shall be subject to royalties specified in Section 4(d) above. The above-mentioned fee is based upon a twelve (12) month initial maintenance term.
Initial Maintenance Term. The initial maintenance term of this agreement shall run from the date service commenced as provided under clause 3 (hereinafter called “date of commencement of service”) and shall continue for a minimum period of one year there from. CHARGES:
Initial Maintenance Term. The initial term ("Initial Term") of this Agreement shall begin following the expiration of the Warranty Period pursuant to Section 11.2 of the XXXX ("Maintenance Agreement Effective Date"). Unless sooner terminated in accordance with Section 15 hereof, the Initial Term of this Agreement shall remain in effect for a period of one (1) year from the Maintenance Agreement Effective Date.
