Common use of Limitation on Maintenance Price Increases Clause in Contracts

Limitation on Maintenance Price Increases. Any increase in the Maintenance Price allowed hereunder shall exclude (a) costs incurred by DB Contractor arising out of or relating to the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract, or Governmental Approval by any DB Contactor-Related Entity, (b) costs to the extent that they are unnecessary or could reasonably be avoided by DB Contractor, including by re-sequencing, reallocating or redeploying its forces to other portions of the Maintenance Services or to other activities unrelated to the Maintenance Services, and (c) costs for remediation of any Nonconforming Work. Costs incurred for the purpose of mitigating further costs as described in clause (b) above, and not otherwise disallowed hereunder, would be reimbursable.

Appears in 7 contracts

Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement

AutoNDA by SimpleDocs

Limitation on Maintenance Price Increases. Any increase in the Maintenance Price allowed hereunder shall exclude exclude: (a) costs incurred by DB Contractor arising out of or relating to the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract, or Governmental Approval by any DB Contactor-Related Entity, ; (b) costs to the extent that they are unnecessary or could reasonably be avoided by DB Contractor, including by re-sequencing, reallocating or redeploying its forces to other portions of the Maintenance Services or to other activities unrelated to the Maintenance Services, ; and (c) costs for remediation of any Nonconforming Work. Costs incurred for the purpose of mitigating further costs as described in clause (b) above, and not otherwise disallowed hereunder, would be reimbursable.

Appears in 6 contracts

Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Comprehensive Maintenance Agreement

AutoNDA by SimpleDocs

Limitation on Maintenance Price Increases. Any increase in the Maintenance Price allowed hereunder shall exclude exclude: (a) costs incurred caused by DB Contractor arising out of or relating to the acts, omissions, negligence, intentional misconduct, or breach of applicable Law, contract, contract or Governmental Approval by any DB ContactorContractor-Related Entity, ; (b) costs to the extent that they are unnecessary or could reasonably be avoided by DB Contractor, including by re-sequencing, reallocating or redeploying its forces to other portions of the Maintenance Services or to other activities unrelated to the Maintenance Services, ; and (c) costs for remediation of any Nonconforming Work. Costs incurred for the purpose of mitigating further costs damages as described in clause (b) above, and not otherwise disallowed hereunder, would be reimbursable.

Appears in 4 contracts

Samples: Capital Maintenance Agreement, www.txdot.gov, Capital Maintenance Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!