Maintenance Contractor. To engage at its sole cost a bona fide maintenance contractor to provide routine preventative maintenance and any necessary repairs to all plumbing, heating, air conditioning and any other power or mechanical or utility systems servicing the Property or any Building forming pert thereof and to only engage such contractor as the Landlord has approved in writing prior to his engagement, such approval is not to be unreasonably withheld;
Maintenance Contractor. 11 5.9 Glass..............................................................11 5.10 Overload...........................................................11
Maintenance Contractor assumes the risk of the design and construction of the Project; design defects, omissions, errors or inaccuracies; construction defects and flaws; the materials and supplies used in connection with the construction of the Project; the Maintenance Services; and the actions, omissions, negligence, intentional misconduct, or breach of applicable Law or contract by any member of the Maintenance Contractor-Related Entities and the Developer-Related Entities and acknowledges and agrees that it has incorporated into the Maintenance Price all costs associated with such risks.
Maintenance Contractor acknowledges and agrees that the Maintenance Manager and Maintenance Safety Manager positions are of critical importance to TxDOT and the Project. In addition to the approval rights of TxDOT set forth in this Section 5.4 and the damages set forth in Sections 5.4.7 and 5.4.8, if the individual in the Maintenance Manager or Maintenance Safety Manager position leaves that position for a reason other than as set forth in clauses (a)-(c) of Section 5.4.9, TxDOT shall have the right to terminate this Comprehensive Maintenance Agreement for default under Section 12, unless Maintenance Contractor provides TxDOT a replacement acceptable to TxDOT within 30 Days after the earlier of: (a) the date on which such individual has left his/her position; or (b) Maintenance Contractor or TxDOT becomes aware that such individual intends to leave his/her position.
