Common use of Initial Maintenance Term Clause in Contracts

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 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 Comprehensive 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 Comprehensive Maintenance Agreement.