Common use of Maintenance After Construction Period Clause in Contracts

Maintenance After Construction Period. Under the Maintenance Agreement, TxDOT, at its sole option, has the right to require Developer to perform certain maintenance services for each Segment and the Project after Substantial Completion of each Segment. If TxDOT issues Maintenance NTP1 under the Maintenance Agreement to Developer, the Parties’ maintenance rights and obligations shall be as set forth in the Maintenance Agreement Documents. Neither TxDOT’s issuance of Maintenance NTP1 nor failure to issue Maintenance NTP1 shall relieve Developer from its obligations under the Contract Documents, including Developer’s warranty and indemnity obligations.

Maintenance After Construction Period. Under the Maintenance Agreement, TxDOT, at its sole option, has the right to require Developer to perform certain maintenance services for each Segment and the Project after Substantial Completion of each SegmentCompletion. If TxDOT issues Maintenance NTP1 under the Maintenance Agreement to Developer, the Parties’ maintenance rights and obligations shall be as set forth in the Maintenance Agreement Documents. Neither TxDOT’s issuance of Maintenance NTP1 nor failure to issue Maintenance NTP1 shall relieve Developer from its obligations under the Contract CDA Documents, including Developer’s warranty and indemnity obligations.