Common use of Maintenance during Construction Period Clause in Contracts

Maintenance during Construction Period. 10.3.1 Developer shall be responsible for maintenance of the Work and the Project Site in accordance with Section 19 of the Technical Provisions. Upon Substantial Completion, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice; provided, however, that, if TxDOT issues Maintenance NTP1 under the Maintenance Agreement, the Maintenance Contractor shall be responsible for the Maintenance Services pursuant to the terms of the Maintenance Agreement Documents. Developer shall be relieved from responsibility for maintenance of all other portions of the Project completed and accepted at Substantial Completion, except that Developer shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit Developer’s obligations, under the Maintenance Agreement, should TxDOT issue Maintenance NTP1 thereunder. 10.3.2 Developer shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date that 10.3.3 If insurance proceeds with respect to any loss or damage for which Developer is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse Developer as repair or replacement work is performed by Developer to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to Developer shall not be a condition precedent to Developer’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.

Maintenance during Construction Period. 10.3.1 Developer During the Construction Period, the Licensee shall be responsible maintain, at its cost, the existing facilities (e.g. road, water supply system, sewerage and other) so that the Site surroundings and safety thereof are at no time materially inferior as compared to their condition 7 (seven) days prior to the date of this Agreement, and shall undertake the necessary repair and maintenance works for maintenance this purpose; provided that the Licensee may, at its cost, interrupt and divert the facility if such interruption and diversion is necessary for the efficient progress of the Work Construction Works and the Project Site in accordance with Section 19 of the Technical Provisions. Upon Substantial Completion, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period in accordance with conforms to Good Industry Practice; providedprovided further that such interruption and diversion shall be undertaken by the Licensee only with the prior written approval of the PMC which approval shall not be unreasonably withheld. For the avoidance of doubt, however, that, if TxDOT issues Maintenance NTP1 under it is agreed that the Maintenance Agreement, the Maintenance Contractor Licensee shall at all times be responsible for ensuring safe operation of the Maintenance Services pursuant Project. In respect of the Licensee’s obligations relating to the terms of the Maintenance Agreement Documents. Developer shall be relieved from responsibility for maintenance of all other portions Detailed Project Report (DPR) of the Project completed and accepted at Substantial Completion, except that Developer shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities as set forth in Schedule-I, the Technical Provisionsfollowing shall apply: The Licensee shall, at its cost, charges and expenses, prepare or cause preparation and submit within 60 (sixty) days of the Effective Date, with reasonable promptness the Designs and Drawings for the Project Facilities including landscape maintenance during civil, electrical, plumbing, machine/equipment, etc., in conformity with the establishment period Detailed Project Report (DPR) and in accordance such sequence as is consistent with the Project Completion Schedule, 3 (three) copies each of all the documents to the Licensor/PMC for review. By submitting the Detailed Designs and Drawings for review to the Licensor/ PMC, the Licensee shall be deemed to have represented that it has determined and verified that the Detailed Project Report (DPR), Designs and Drawings are in conformity with the Scope of the Project, Specifications and Standards, Applicable Laws and Good Industry Practice. This Section 10.3.1 Within 15 (fifteen) days of the receipt of the Designs and Drawings, the PMC shall not apply to, review the same and convey its observations to the Licensee with particular reference to their conformity or limit Developer’s obligations, under otherwise with the Maintenance Agreement, should TxDOT issue Maintenance NTP1 thereunder. 10.3.2 Developer shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction Scope of the Project and the Specifications and Standards. If the aforesaid observations of the Licensor/ PMC indicate that is injured the Designs and Drawings are not in conformity with the Scope of the Project or damaged prior the Specifications and Standards or the Detailed Project Report (DPR), such documents shall be revised by the Licensee and resubmitted to the date that 10.3.3 If insurance proceeds Licensor/ PMC for review. The Licensor/ PMC shall give its observations, if any, within 21 (twenty one) days of receipt of the revised documents. No review and/or observation of the Licensor/ PMC and/or its failure to review and/or convey its observations on any Drawings shall not relieve the Licensee of its obligations and liabilities under this Agreement in any manner nor shall the PMC or the Licensor be liable for the same in any manner. The project development guidelines which may be considered by the Licensor with respect to any loss or damage for which Developer is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT ecosystem of the project surrounding area shall arrange for such proceeds to reimburse Developer as repair or replacement work is performed be incorporated by Developer the Licensee. Without prejudice to the extent that TxDOT has not previously paid foregoing provisions of this Clause 14.3, the Licensee shall submit to the Licensor for such repair or replacement work; providedits information, however, that release its Designs and Drawings. The Licensor shall respond within 30 (thirty) days of the receipt of such proceeds documents. The Licensee will be obliged to Developer make changes, if any, as suggested by the Licensor. The provisions of this Clause 14.3 shall apply mutatis mutandis to the review and comments hereunder. Within 90 (ninety) days of COD, the Licensee shall furnish to the Licensor and the PMC a complete set of as-built Drawings, in 2 (two) hard copies and in CD/DVD or in such other medium as may be acceptable to the Licensor, reflecting the Project/Project Facilities as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Project Facilities and setback lines, if any, of the buildings and structures forming part of the Project Facilities. The Licensee shall not be entitled to any extension of time for completing construction or any other relief on account of delay caused due to providing any clarification or in resubmitting the Designs and Drawings. Provided however the Licensor may suitably extend the Construction Period or provide other relief to compensate for any such delay not attributable to the Licensee and which has a condition precedent Material Adverse Effect. The Licensee shall not change any DPR, Designs and Drawings, specifications and calculations approved by the PMC and the Licensor under this Agreement, without the prior written consent of the Licensor. The Licensee shall obtain sanction to Developer’s obligation the building plans for the Project Facilities, with necessary designs, plans and specifications, as necessary to perform such replacement commence and undertake construction, from the proper municipal/local bodies/State or repair work Central Government departments or indicate that such replacement or repair work has been approved Authority, at its own expense. At any time during the License Period, the Licensee shall not revise the DPR, Designs and accepted by TxDOTDrawings, including expansion of existing Project Facilities/develop additional Project Facilities as permitted under the provisions of this Agreement, without the prior approval of the Licensor.

Maintenance during Construction Period. 10.3.1 Developer shall be responsible for maintenance of the Work and the Project Site in accordance with Section 19 of the Technical Provisions. Upon Substantial CompletionCompletion of each Segment, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice; provided, however, that, if TxDOT issues Maintenance NTP1 under the Capital Maintenance Agreement, the Maintenance Contractor shall be responsible for the Maintenance Services pursuant to the terms of the Maintenance Agreement Documents. Developer shall be relieved from responsibility for maintenance of all other portions of the Project completed and accepted at each Substantial Completion, except that Developer shall be responsible for: : (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit Developer’s obligations, under the Maintenance Agreement, should TxDOT issue Maintenance NTP1 thereunder. 10.3.2 Developer shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date thatand 10.3.3 If insurance proceeds with respect to any loss or damage for which Developer is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse Developer as repair or replacement work is performed by Developer to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to Developer shall not be a condition precedent to Developer’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.

Maintenance during Construction Period. 10.3.1 Developer During the Construction Period, the Licensee shall be responsible maintain, at its cost, the existing facilities (e.g. road, water supply system, sewerage and other) so that the Site surroundings and safety thereof are at no time materially inferior as compared to their condition 7 (seven) days prior to the date of this Agreement, and shall undertake the necessary repair and maintenance works for maintenance this purpose; provided that the Licensee may, at its cost, interrupt and divert the facility if such interruption and diversion is necessary for the efficient progress of the Work Construction Works and the Project Site in accordance with Section 19 of the Technical Provisions. Upon Substantial Completion, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period in accordance with conforms to Good Industry Practice; providedprovided further that such interruption and diversion shall be undertaken by the Licensee only with the prior written approval of the PMC which approval shall not be unreasonably withheld. For the avoidance of doubt, however, that, if TxDOT issues Maintenance NTP1 under it is agreed that the Maintenance Agreement, the Maintenance Contractor Licensee shall at all times be responsible for ensuring safe operation of the Maintenance Services pursuant Project. In respect of the Licensee’s obligations relating to the terms of the Maintenance Agreement Documents. Developer shall be relieved from responsibility for maintenance of all other portions Detailed Project Report (DPR) of the Project completed and accepted at Substantial Completion, except that Developer shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities as set forth in Schedule-I, the Technical Provisionsfollowing shall apply: The Licensee shall, at its cost, charges and expenses, prepare or cause preparation and submit within 60 (sixty) days of the Effective Date, with reasonable promptness the Designs and Drawings for the Project Facilities including landscape maintenance during civil, electrical, plumbing, machine/equipment, etc., in conformity with the establishment period Detailed Project Report (DPR) and in accordance such sequence as is consistent with the Project Completion Schedule, 3 (three) copies each of all the documents to the Licensor/PMC for review. By submitting the Detailed Designs and Drawings for review to the Licensor/ PMC, the Licensee shall be deemed to have represented that it has determined and verified that the Detailed Project Report (DPR), Designs and Drawings are in conformity with the Scope of the Project, Specifications and Standards, Applicable Laws and Good Industry Practice. This Section 10.3.1 Within 15 (fifteen) days of the receipt of the Designs and Drawings, the PMC shall not apply to, review the same and convey its observations to the Licensee with particular reference to their conformity or limit Developer’s obligations, under otherwise with the Maintenance Agreement, should TxDOT issue Maintenance NTP1 thereunder. 10.3.2 Developer shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction Scope of the Project and the Specifications and Standards. If the aforesaid observations of the Licensor/ PMC indicate that is injured the Designs and Drawings are not in conformity with the Scope of the Project or damaged prior the Specifications and Standards or the Detailed Project Report (DPR), such documents shall be revised by the Licensee and resubmitted to the date that 10.3.3 If insurance proceeds Licensor/ PMC for review. The Licensor/ PMC shall give its observations, if any, within 21 (twenty one) days of receip/t of the revised documents. No review and/or observation of the Licensor/ PMC and/or its failure to review and/or convey its observations on any Drawings shall not relieve the Licensee of its obligations and liabilities under this Agreement in any manner nor shall the PMC or the Licensor be liable for the same in any manner. The project development guidelines which may be considered by the Licensor with respect to any loss or damage for which Developer is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT ecosystem of the project surrounding area shall arrange for such proceeds to reimburse Developer as repair or replacement work is performed be incorporated by Developer the Licensee. Without prejudice to the extent that TxDOT has not previously paid foregoing provisions of this Clause 14.3, the Licensee shall submit to the Licensor for such repair or replacement work; providedits information, however, that release its Designs and Drawings. The Licensor shall respond within 30 (thirty) days of the receipt of such proceeds documents. The Licensee will be obliged to Developer make changes, if any, as suggested by the Licensor. The provisions of this Clause 14.3 shall apply mutatis mutandis to the review and comments hereunder. Within 90 (ninety) days of COD, the Licensee shall furnish to the Licensor and the PMC a complete set of as-built Drawings, in 2 (two) hard copies and in CD/DVD or in such other medium as may be acceptable to the Licensor, reflecting the Project/Project Facilities as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Project Facilities and setback lines, if any, of the buildings and structures forming part of the Project Facilities. The Licensee shall not be entitled to any extension of time for completing construction or any other relief on account of delay caused due to providing any clarification or in resubmitting the Designs and Drawings. Provided however the Licensor may suitably extend the Construction Period or provide other relief to compensate for any such delay not attributable to the Licensee and which has a condition precedent Material Adverse Effect. The Licensee shall not change any DPR, Designs and Drawings, specifications and calculations approved by the PMC and the Licensor under this Agreement, without the prior written consent of the Licensor. The Licensee shall obtain sanction to Developer’s obligation the building plans for the Project Facilities, with necessary designs, plans and specifications, as necessary to perform such replacement commence and undertake construction, from the proper municipal/local bodies/State or repair work Central Government departments or indicate that such replacement or repair work has been approved Authority, at its own expense. At any time during the License Period, the Licensee shall not revise the DPR, Designs and accepted by TxDOTDrawings, including expansion of existing Project Facilities/develop additional Project Facilities as permitted under the provisions of this Agreement, without the prior approval of the Licensor.

Maintenance during Construction Period. Formatted: No underline, Font color: Black Formatted: No underline, Font color: Black 10.3.1 Developer shall be responsible for maintenance of the Work and the Project Site in accordance with Section 19 of the Technical Provisions. Upon Substantial CompletionCompletion of each Segment, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period period) in accordance with Good Industry Practice; provided, however, (i) effective as of the date on which the Project or any portion thereof is opened to traffic, Developer shall be relieved of maintenance liability and responsibility for repair of damage caused by the traveling public to the opened portions of the Project, and (ii) that, if TxDOT issues Maintenance NTP1 under the Capital Maintenance Agreement, the Maintenance Contractor shall be responsible for the Maintenance Services pursuant to the terms of the Maintenance Agreement Documents. Developer shall be relieved from responsibility for maintenance of all other portions of the Project completed and accepted at each Substantial Completion, except that Developer shall be responsible for: : (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit Developer’s obligations, under the Maintenance Agreement, should TxDOT issue Maintenance NTP1 thereunder. 10.3.2 Developer shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date thatthat Developer’s maintenance responsibility ends as set forth in Section 10.3.1, regardless of who has title thereto under the Contract Documents and regardless of the cause of the damage or injury, at no additional cost to TxDOT, except to the extent that TxDOT is responsible for such costs in accordance with the express terms of this Agreement. Developer, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all other property within the Project ROW whether owned by Developer, TxDOT or any other Person. 10.3.3 If insurance proceeds with respect to any loss or damage for which Developer is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse Developer as repair or replacement work is performed by Developer to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to Developer shall not be a condition precedent to Developer’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.

Maintenance during Construction Period. 10.3.1 Developer DB Contractor shall be responsible for maintenance of the Work and the Project Site in accordance with Section 19 of the Technical Provisions. Upon Substantial Completion, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice); provided, however, that, that if TxDOT issues Maintenance NTP1 under the Capital Maintenance Agreement, the Maintenance Contractor shall be responsible for the Maintenance Services pursuant to the terms of the Maintenance Agreement Documents. Developer DB Contractor shall be relieved from responsibility for maintenance of all other portions of the Project completed and accepted at Substantial Completion, except that Developer DB Contractor shall be responsible for: : (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DeveloperDB Contractor’s obligations, under the Capital Maintenance Agreement, should TxDOT issue Maintenance NTP1 thereunder. 10.3.2 Developer DB Contractor shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date thator 10.3.3 If insurance proceeds with respect to any loss or damage for which Developer DB Contractor is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse Developer DB Contractor as repair or replacement work is performed by Developer DB Contractor to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to Developer DB Contractor shall not be a condition precedent to DeveloperDB Contractor’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.