Common use of Maintenance Management Plan Clause in Contracts

Maintenance Management Plan. 5.5.1 On or before 60 days after the date of issuance of Maintenance NTP1, Maintenance Contractor shall prepare and submit, for TxDOT’s review and approval, a Maintenance Management Plan. The Maintenance Management Plan shall meet the requirements set forth in Section 1903 of Exhibit 2, and comply with the Capital Maintenance Agreement Documents, applicable Government Approvals, and applicable Law. Following the delivery of the initial Maintenance Management Plan, Maintenance Contractor shall submit to TxDOT, for TxDOT’s review and approval, a Maintenance Management Plan update meeting the requirements of Section 1903 of Exhibit 2 by each anniversary of the Initial Maintenance Term Commencement Date. 5.5.2 The Maintenance Management Plan and each update shall show the timing of and methodology for performing the various Maintenance Services. The duration and number of working days of any Maintenance Services set forth in the Maintenance Management Plan that require lane closures shall be subject to the written approval of TxDOT. 5.5.3 TxDOT shall review the Maintenance Management Plan and each update and shall meet with Maintenance Contractor within 30 Days after its submittal to discuss revisions and clarifications or to resolve any disagreements. Within 15 Days after such meeting, Maintenance Contractor shall resubmit the Maintenance Management Plan to TxDOT. TxDOT will either approve or disapprove the Maintenance Management Plan within 15 Days, with comments, objections, recommendations or disapprovals noted in writing. If TxDOT disapproves the Maintenance Management Plan, within ten days after receiving written notice of comments, objections, recommendations or disapprovals from TxDOT, Maintenance Contractor shall submit to TxDOT a revised initial or updated Maintenance Management Plan rectifying such matters and, for matters Maintenance Contractor disagrees with, a written notice setting forth those comments, objections, recommendations and disapprovals that Maintenance Contractor disputes, which notice shall give details of Maintenance Contractor’s grounds for dispute. If Maintenance Contractor fails to give such notice within such time period, it shall be deemed to have accepted the comments, objections and recommendations and the initial or updated Maintenance Management Plan, as applicable, shall thereupon be deemed revised to incorporate the comments and recommendations and to rectify the objections or disapprovals. After timely delivery of any such notice, Maintenance Contractor and TxDOT shall endeavor in good faith to reach agreement as to the matters listed in the notice. If no agreement is reached as to any such matter within 30 days after Maintenance Contractor delivers its notice, either Party may refer the Dispute to the disputes resolution procedures applicable to this Capital Maintenance Agreement. 5.5.4 All portions of the initial or updated Maintenance Management Plan that have been agreed to by the Parties shall govern. Until resolution of any portion of the initial or updated Maintenance Management Plan that is in Dispute, the treatment of that portion in the immediately preceding approved Maintenance Management Plan shall remain in effect and govern.

Maintenance Management Plan. 5.5.1 5.6.1 On or before 60 days after the date of issuance of Maintenance NTP1Substantial Completion, Maintenance Contractor Developer shall prepare and submit, for TxDOT’s review and approval, a Maintenance Management Plan. The Maintenance Management Plan shall meet the requirements set forth in Section 1903 19.9 of Exhibit 2the Technical Provisions, and comply with the Capital Maintenance Agreement Contract Documents, applicable Government Approvals, and applicable Law. Following the delivery of the initial Maintenance Management Plan, Maintenance Contractor Developer shall submit to TxDOT, for TxDOT’s review and approval, a Maintenance Management Plan update meeting the requirements of Section 1903 of Exhibit 2 by each anniversary of the Initial Maintenance Term Commencement Date.the 5.5.2 5.6.2 The Maintenance Management Plan and each update shall show the timing of and methodology for performing the various Maintenance ServicesO&M Work. The duration and number of working days of any Maintenance Services O&M Work set forth in the Maintenance Management Plan that require lane closures requires Lane Closures shall be subject to the written approval of TxDOT. 5.5.3 5.6.3 TxDOT shall review the Maintenance Management Plan and each update and shall meet with Maintenance Contractor Developer within 30 Days after its submittal to discuss revisions and clarifications or to resolve any disagreements. Within 15 Days after such meeting, Maintenance Contractor Developer shall resubmit the Maintenance Management Plan to TxDOT. TxDOT will either approve or disapprove the Maintenance Management Plan within 15 Days, with comments, objections, recommendations or disapprovals noted in writing. If TxDOT disapproves the Maintenance Management Plan, within ten days after receiving written notice of comments, objections, recommendations or disapprovals from TxDOT, Maintenance Contractor Developer shall submit to TxDOT a revised initial or updated Maintenance Management Plan rectifying such matters and, for matters Maintenance Contractor disagrees withwith which Developer disagrees, a written notice setting forth those comments, objections, recommendations and disapprovals that Maintenance Contractor disputesDeveloper Disputes, which notice shall give details of Maintenance Contractor’s Developer's grounds for disputeDispute. If Maintenance Contractor Developer fails to give such notice within such time period, it shall be deemed to have accepted the comments, objections and recommendations and the initial or updated Maintenance Management Plan, as applicable, shall thereupon be deemed revised to incorporate the comments and recommendations and to rectify the objections or disapprovals. After timely delivery of any such notice, Maintenance Contractor Developer and TxDOT shall endeavor in good faith to reach agreement as to the matters listed in the notice. If no agreement is reached as to any such matter within 30 days after Maintenance Contractor Developer delivers its notice, either Party may refer the Dispute to the disputes Disputes resolution procedures applicable to this Capital Maintenance Agreement. 5.5.4 5.6.4 All portions of the initial or updated Maintenance Management Plan that have been agreed to by the Parties shall govern. Until resolution of any portion of the initial or updated Maintenance Management Plan that is in Dispute, the treatment of that portion in the immediately preceding approved Maintenance Management Plan shall remain in effect and govern.

Maintenance Management Plan. 5.5.1 On or before 60 days after the date of issuance of Maintenance NTP1, Maintenance Contractor shall prepare and submit, for TxDOT’s review and approvalapproval in its good faith discretion, a Maintenance Management Plan. Approval by TxDOT of the Maintenance 5.5.2 The Maintenance Management Plan shall meet the requirements set forth in Section 1903 0120 of Exhibit 22 to this Comprehensive Maintenance Agreement, and comply with the Capital Maintenance Agreement COMA Documents, applicable Government Approvals, and applicable Law. Following the delivery of the initial Maintenance Management Plan, Maintenance Contractor shall submit to TxDOT, for TxDOT’s review and approval, a Maintenance Management Plan update meeting the requirements of Section 1903 of Exhibit 2 by each anniversary of the Initial Maintenance Term Commencement Date. 5.5.2 The Maintenance Management Plan and each update shall show the timing of timing, frequencies and methodology for performing the various Maintenance Services, including Maintenance Contractor’s plan and schedule for performing routine maintenance. The duration and number of working days of any Maintenance Services set forth in the Maintenance Management Plan that require lane closures Lane Closures shall be subject to the written approval of TxDOT. 5.5.3 TxDOT shall review the Maintenance Management Plan and each update and shall meet with Maintenance Contractor within 30 Days after its submittal to discuss revisions and clarifications or to resolve any disagreements. Within 15 Days after such meeting, Maintenance Contractor shall resubmit the Maintenance Management Plan to TxDOT. TxDOT will either approve or disapprove the Maintenance Management Plan within 15 Days, with comments, objections, recommendations or disapprovals noted in writing. If TxDOT disapproves the Maintenance Management Plan, within ten days after receiving written notice of comments, objections, recommendations or disapprovals from TxDOT, Maintenance Contractor shall submit to TxDOT a revised initial or updated Maintenance Management Plan rectifying such matters and, for matters Maintenance Contractor disagrees with, a written notice setting forth those comments, objections, recommendations and disapprovals that Maintenance Contractor disputes, which notice shall give details of Maintenance Contractor’s grounds for dispute. If Maintenance Contractor fails to give such notice within such time period, it shall be deemed to have accepted the comments, objections and recommendations and the initial or updated Maintenance Management Plan, as applicable, shall thereupon be deemed revised to incorporate the comments and recommendations and to rectify the objections or disapprovals. After timely delivery of any such notice, Maintenance Contractor and TxDOT shall endeavor in good faith to reach agreement as to the matters listed in the notice. If no agreement is reached as to any such matter within 30 days after Maintenance Contractor delivers its notice, either Party may refer the Dispute to the disputes resolution procedures applicable to this Capital Comprehensive Maintenance Agreement. 5.5.4 All portions of the initial or updated Maintenance Management Plan that have been agreed to by the Parties shall govern. Until resolution of any portion of the initial or updated Maintenance Management Plan that is in Dispute, the treatment of that portion in the immediately preceding approved Maintenance Management Plan shall remain in effect and govern.

Maintenance Management Plan. 5.5.1 On or before 60 days after the date of issuance of Maintenance NTP1, Maintenance Contractor shall prepare and submit, for TxDOT’s review and approval, a Maintenance Management Plan. The Maintenance Management Plan shall meet the requirements set forth in Section 1903 of Exhibit 2, and comply with the Capital Maintenance Agreement Documents, applicable Government Approvals, and applicable Law. Following the delivery of the initial Maintenance Management Plan, Maintenance Contractor shall submit to TxDOT, for TxDOT’s review and approval, a Maintenance Management Plan update meeting the requirements of Section 1903 of Exhibit 2 by each anniversary of the Initial Maintenance Term Commencement Date. 5.5.2 The Maintenance Management Plan and each update shall show the timing of and methodology for performing the various Maintenance Services. The duration and number of working days of any Maintenance Services set forth in the Maintenance Management Plan that require lane closures Lane Closures shall be subject to the written approval of TxDOT. 5.5.3 TxDOT shall review the Maintenance Management Plan and each update and shall meet with Maintenance Contractor within 30 Days after its submittal to discuss revisions and clarifications or to resolve any disagreements. Within 15 Days after such meeting, Maintenance Contractor shall resubmit the Maintenance Management Plan to TxDOT. TxDOT will either approve or disapprove the Maintenance Management Plan within 15 Days, with comments, objections, recommendations or disapprovals noted in writing. If TxDOT disapproves the Maintenance Management Plan, within ten days after receiving written notice of comments, objections, recommendations or disapprovals from TxDOT, Maintenance Contractor shall submit to TxDOT a revised initial or updated Maintenance Management Plan rectifying such matters and, for matters Maintenance Contractor disagrees with, a written notice setting forth those comments, objections, recommendations and disapprovals that Maintenance Contractor disputes, which notice shall give details of Maintenance Contractor’s grounds for dispute. If Maintenance Contractor fails to give such notice within such time period, it shall be deemed to have accepted the comments, objections and recommendations and the initial or updated Maintenance Management Plan, as applicable, shall thereupon be deemed revised to incorporate the comments and recommendations and to rectify the objections or disapprovals. After timely delivery of any such notice, Maintenance Contractor and TxDOT shall endeavor in good faith to reach agreement as to the matters listed in the notice. If no agreement is reached as to any such matter within 30 days after Maintenance Contractor delivers its notice, either Party may refer the Dispute to the disputes resolution procedures applicable to this Capital Maintenance Agreement. 5.5.4 All portions of the initial or updated Maintenance Management Plan that have been agreed to by the Parties shall govern. Until resolution of any portion of the initial or updated Maintenance Management Plan that is in Dispute, the treatment of that portion in the immediately preceding approved Maintenance Management Plan shall remain in effect and govern.

Maintenance Management Plan. 5.5.1 On or before 60 days after the date of issuance of Maintenance NTP1, Maintenance Contractor shall prepare and submit, for TxDOT’s review and approval, a Maintenance Management Plan. The Maintenance Management Plan shall meet the requirements set forth in Section 1903 of Exhibit 2, and comply with the Capital Maintenance Agreement CMA Documents, applicable Government Approvals, and applicable Law. Following the delivery of the initial Maintenance Management Plan, Maintenance Contractor shall submit to TxDOT, for TxDOT’s review and approval, a Maintenance Management Plan update meeting the requirements of Section 1903 of Exhibit 2 by each anniversary of the Initial Maintenance Term Commencement Date. 5.5.2 The Maintenance Management Plan and each update shall show the timing of and methodology for performing the various Maintenance Services. The duration and number of working days of any Maintenance Services set forth in the Maintenance Management Plan that require lane closures Lane Closures shall be subject to the written approval of TxDOT. 5.5.3 TxDOT shall review the Maintenance Management Plan and each update and shall meet with Maintenance Contractor within 30 Days after its submittal to discuss revisions and clarifications or to resolve any disagreements. Within 15 Days after such meeting, Maintenance Contractor shall resubmit the Maintenance Management Plan to TxDOT. TxDOT will either approve or disapprove the Maintenance Management Plan within 15 Days, with comments, objections, recommendations or disapprovals noted in writing. If TxDOT disapproves the Maintenance Management Plan, within ten (10) days after receiving written notice of comments, objections, recommendations or disapprovals from TxDOT, Maintenance Contractor shall submit to TxDOT a revised initial or updated Maintenance Management Plan rectifying such matters and, for matters Maintenance Contractor disagrees with, a written notice setting forth those comments, objections, recommendations and disapprovals that Maintenance Contractor disputesDisputes, which notice shall give details of Maintenance Contractor’s grounds for disputeDispute. If Maintenance Contractor fails to give such notice within such time period, it shall be deemed to have accepted the comments, objections and recommendations and the initial or updated Maintenance Management Plan, as applicable, shall thereupon be deemed revised to incorporate the comments and recommendations and to rectify the objections or disapprovals. After timely delivery of any such notice, Maintenance Contractor and TxDOT shall endeavor in good faith to reach agreement as to the matters listed in the notice. If no agreement is reached as to any such matter within 30 days after Maintenance Contractor delivers its notice, either Party may refer the Dispute to the disputes Disputes resolution procedures applicable to this Capital Maintenance AgreementCMA. 5.5.4 All portions of the initial or updated Maintenance Management Plan that have been agreed to by the Parties shall govern. Until resolution of any portion of the initial or updated Maintenance Management Plan that is in Dispute, the treatment of that portion in the immediately preceding approved Maintenance Management Plan shall remain in effect and govern.

Maintenance Management Plan. 5.5.1 On or before 60 days after the date of issuance of Maintenance NTP1, Maintenance Contractor shall prepare and submit, for TxDOT’s review and approval, a Maintenance Management Plan. The Maintenance Management Plan shall meet the requirements set forth in Section 1903 of Exhibit 2, and comply with the Capital Maintenance Agreement Documents, applicable Government Approvals, and applicable Law. Following the delivery of the initial Maintenance Management Plan, Maintenance Contractor shall submit to TxDOT, for TxDOT’s review and approval, a Maintenance Management Plan update meeting the requirements of Section 1903 of Exhibit 2 by each anniversary of the Initial Maintenance Term Commencement Date. 5.5.2 The Maintenance Management Plan and each update shall show the timing of and methodology for performing the various Maintenance Services. The duration and number of working days of any Maintenance Services set forth in the Maintenance Management Plan that require lane closures Lane Closures shall be subject to the written approval of TxDOT. 5.5.3 TxDOT shall review the Maintenance Management Plan and each update and shall meet with Maintenance Contractor within 30 Days after its submittal to discuss revisions and clarifications or to resolve any disagreements. Within 15 Days after such meeting, Maintenance Contractor shall resubmit the Maintenance Management Plan to TxDOT. TxDOT will either approve or disapprove the Maintenance Management Plan within 15 Days, with comments, objections, recommendations or disapprovals noted in writing. If TxDOT disapproves the Maintenance Management Plan, within ten days after receiving written notice of comments, objections, recommendations or disapprovals from TxDOT, Maintenance Contractor shall submit to TxDOT a revised initial or updated Maintenance Management Plan rectifying such matters and, for matters Maintenance Contractor disagrees with, a written notice setting forth those comments, objections, recommendations and disapprovals that Maintenance Contractor disputes, which notice shall give details of Maintenance Contractor’s grounds for dispute. If Maintenance Contractor fails to give such notice within such time period, it shall be deemed to have accepted the comments, objections and recommendations and the initial or updated Maintenance Management Plan, as applicable, shall thereupon be deemed revised to incorporate the comments and recommendations and to rectify the objections or disapprovals. After timely delivery of any such notice, Maintenance Contractor and TxDOT shall endeavor in good faith to reach agreement as to the matters listed in the notice. If no agreement is reached as to any such matter within 30 days after Maintenance Contractor delivers its notice, either Party may refer the Dispute to the disputes resolution procedures applicable to this Capital Maintenance Agreement. 5.5.4 All portions of the initial or updated Maintenance Management Plan that have been agreed to by the Parties shall govern. Until resolution of any portion of the initial or updated Maintenance Management Plan that is in Dispute, the treatment of that portion in the immediately preceding approved Maintenance Management Plan shall remain in effect and govern.

Maintenance Management Plan. 5.5.1 5.6.1 On or before 60 days after the date of issuance of Maintenance NTP1Substantial Completion, Maintenance Contractor Developer shall prepare and submit, for TxDOT’s review and approval, a Maintenance Management Plan. The Maintenance Management Plan shall meet the requirements set forth in Section 1903 of Exhibit 2, and comply with the Capital Maintenance Agreement Documents, applicable Government Approvals, and applicable Law. Following the delivery 19.9 of the initial Maintenance Management Plan, Maintenance Contractor shall submit to TxDOT, for TxDOT’s review and approval, a Maintenance Management Plan update meeting the requirements of Section 1903 of Exhibit 2 by each anniversary of the Initial Maintenance Term Commencement Date.Technical Provisions, 5.5.2 5.6.2 The Maintenance Management Plan and each update shall show the timing of and methodology for performing the various Maintenance ServicesO&M Work. The duration and number of working days of any Maintenance Services O&M Work set forth in the Maintenance Management Plan that require lane closures requires Lane Closures shall be subject to the written approval of TxDOT. 5.5.3 5.6.3 TxDOT shall review the Maintenance Management Plan and each update and shall meet with Maintenance Contractor Developer within 30 Days after its submittal to discuss revisions and clarifications or to resolve any disagreements. Within 15 Days after such meeting, Maintenance Contractor Developer shall resubmit the Maintenance Management Plan to TxDOT. TxDOT will either approve or disapprove the Maintenance Management Plan within 15 Days, with comments, objections, recommendations or disapprovals noted in writing. If TxDOT disapproves the Maintenance Management Plan, within ten days after receiving written notice of comments, objections, recommendations or disapprovals from TxDOT, Maintenance Contractor Developer shall submit to TxDOT a revised initial or updated Maintenance Management Plan rectifying such matters and, for matters Maintenance Contractor disagrees withwith which Developer disagrees, a written notice setting forth those comments, objections, recommendations and disapprovals that Maintenance Contractor disputesDeveloper Disputes, which notice shall give details of Maintenance Contractor’s Developer's grounds for disputeDispute. If Maintenance Contractor Developer fails to give such notice within such time period, it shall be deemed to have accepted the comments, objections and recommendations and the initial or updated Maintenance Management Plan, as applicable, shall thereupon be deemed revised to incorporate the comments and recommendations and to rectify the objections or disapprovals. After timely delivery of any such notice, Maintenance Contractor Developer and TxDOT shall endeavor in good faith to reach agreement as to the matters listed in the notice. If no agreement is reached as to any such matter within 30 days after Maintenance Contractor Developer delivers its notice, either Party may refer the Dispute to the disputes Disputes resolution procedures applicable to this Capital Maintenance Agreement. 5.5.4 5.6.4 All portions of the initial or updated Maintenance Management Plan that have been agreed to by the Parties shall govern. Until resolution of any portion of the initial or updated Maintenance Management Plan that is in Dispute, the treatment of that portion in the immediately preceding approved Maintenance Management Plan shall remain in effect and govern.

Maintenance Management Plan. 5.5.1 On or before The DB Contractor shall submit the Maintenance Management Plan to TxDOT for review and approval in its sole discretion no later than 60 days after the date of issuance of Maintenance NTP1, . DB Contractor may not commence Maintenance Contractor shall prepare and submit, for TxDOT’s review and approval, a Maintenance Management Plan. The Maintenance Management Plan shall meet Services until TxDOT has approved the requirements set forth in Section 1903 of Exhibit 2, and comply with the Capital Maintenance Agreement Documents, applicable Government Approvals, and applicable Law. Following the delivery of the initial Maintenance Management Plan, Maintenance Contractor shall submit to TxDOT, for TxDOT’s review and approval, a Maintenance Management Plan update meeting the requirements of Section 1903 of Exhibit 2 by each anniversary of the Initial Maintenance Term Commencement DateMMP. 5.5.2 The Maintenance Management Plan is an umbrella document that describes the DB Contractor’s managerial approach, strategy, and each update shall show quality procedures to maintain the timing Project and achieve all requirements of and methodology for performing the various Maintenance ServicesCOMA Documents. The duration MMP shall define the process for maintenance of the Project throughout the Maintenance Period. Unless otherwise agreed by TxDOT, the MMP shall be consistent with the maintenance approach and number MMP submitted with the Proposal. Attachment 4 to Exhibit 2 lists the main contents of working days of any Maintenance Services set forth Management Plan and other Plans DB Contractor is required to include in the Maintenance Management Plan that require lane closures shall be subject to the written approval of TxDOTPlan. 5.5.3 TxDOT shall review the Maintenance Management Plan MMP and each update thereto and shall meet with Maintenance DB Contractor within 30 Days days after its submittal DB Contractor submits the MMP to discuss revisions and any revisions, clarifications or to resolve any disagreements. Within 15 Days after such meeting, Maintenance Contractor shall resubmit the Maintenance Management Plan to TxDOTpoints of disagreement. TxDOT will either approve the MMP or disapprove the Maintenance Management Plan MMP with comments or objections in writing within 15 Days, with comments, objections, recommendations or disapprovals noted in writingdays of such meeting. If TxDOT disapproves the Maintenance Management PlanMMP, within ten days after receiving written notice of comments, objections, recommendations or disapprovals from TxDOT, Maintenance DB Contractor shall within 10 days of receiving such disapproval, either (i) submit to TxDOT a revised initial MMP or updated Maintenance Management Plan rectifying such matters and, for matters Maintenance Contractor disagrees with, a written notice setting forth those comments, objections, recommendations and disapprovals that Maintenance Contractor disputes, which notice shall give details of Maintenance Contractor’s grounds for dispute. If Maintenance Contractor fails to give such notice within such time period, it shall be deemed to have accepted the comments, objections and recommendations and the initial or updated Maintenance Management Planupdate thereto, as applicable, or (ii) if DB Contractor disagrees with any of TxDOT’s comments or objections, DB Contractor shall thereupon be deemed revised to incorporate notify TxDOT of such disagreement in writing, detailing the comments and recommendations and to rectify the objections or disapprovalsgrounds for a dispute. After timely DB Contractor’s delivery of any such noticedisagreement in writing, Maintenance DB Contractor and TxDOT shall endeavor in good faith to reach agreement as to the matters listed in the noticeagreement. If no agreement is reached as to any such matter within 30 days after Maintenance Contractor delivers its noticeof DB Contractor’s delivery of notice of disagreement, either Party may refer the Dispute to the disputes resolution procedures applicable to this Capital Maintenance Agreement. 5.5.4 All portions of the initial or updated Maintenance Management Plan that have been agreed to by the Parties shall governbe resolved in accordance with Section 16. Until resolution of TxDOT approves an update to any portion of the initial or updated Maintenance Management Plan that is in DisputePlan, the treatment of that applicable portion in the immediately preceding approved Maintenance Management Plan shall remain in effect and govern. 5.5.4 As part of the MMP, DB Contractor shall submit a Maintenance Services Quality Management Plan (MSQMP) in accordance with Section 4.1 of Exhibit 2. 5.5.5 The DB Contractor shall submit an annual report to TxDOT by each anniversary of the Initial Maintenance Term Commencement Date. This annual report shall comply with the requirements of Section 6.2 of Exhibit 2 to this Comprehensive Maintenance Agreement.

Maintenance Management Plan. 5.5.1 On or before 60 days after the date of issuance of Maintenance NTP1, Maintenance Contractor shall prepare and submit, for TxDOT’s review and approval, a Maintenance Management Plan. The Maintenance Management Plan shall meet the requirements set forth in Section 1903 of Exhibit 2, and comply with the Capital Maintenance Agreement Documents, applicable Government Approvals, and applicable Law. Following the delivery of the initial Maintenance Management Plan, Maintenance Contractor shall submit to TxDOT, for TxDOT’s review and approval, a Maintenance Management Plan update meeting the requirements of Section 1903 of Exhibit 2 by each anniversary of the Initial Maintenance Term Commencement Date. 5.5.2 The Maintenance Management Plan and each update shall show the timing of and methodology for performing the various Maintenance Services. The duration and number of working days of any Maintenance Services set forth in the Maintenance Management Plan that require lane closures Lane Closures shall be subject to the written approval of TxDOT. 5.5.3 TxDOT shall review the Maintenance Management Plan and each update and shall meet with Maintenance Contractor within 30 Days after its submittal to discuss revisions and clarifications or to resolve any disagreements. Within 15 Days after such meeting, Maintenance Contractor shall resubmit the Maintenance Management Plan to TxDOT. TxDOT will either approve or disapprove the Maintenance Management Plan within 15 Days, with comments, objections, recommendations or disapprovals noted in writing. If TxDOT disapproves the Maintenance Management Plan, within ten days after receiving written notice of comments, objections, recommendations or disapprovals from TxDOT, Maintenance Contractor shall submit to TxDOT a revised initial or updated Maintenance Management Plan rectifying such matters and, for matters Maintenance Contractor disagrees with, a written notice setting forth those comments, objections, recommendations and disapprovals that Maintenance Contractor disputes, which notice shall give details of Maintenance Contractor’s grounds for dispute. If Maintenance Contractor fails to give such notice within such time period, it shall be deemed to have accepted the comments, objections and recommendations and the initial or updated Maintenance Management Plan, as applicable, shall thereupon be deemed revised to incorporate the comments and recommendations and to rectify the objections or disapprovals. After timely delivery of any such notice, Maintenance Contractor and TxDOT shall endeavor in good faith to reach agreement as to the matters listed in the notice. If no agreement is reached as to any such matter within 30 days after Texas Department of Transportation Execution Version Horseshoe Project 24 Capital Maintenance Agreement Maintenance Contractor delivers its notice, either Party may refer the Dispute to the disputes resolution procedures applicable to this Capital Maintenance Agreement. 5.5.4 All portions of the initial or updated Maintenance Management Plan that have been agreed to by the Parties shall govern. Until resolution of any portion of the initial or updated Maintenance Management Plan that is in Dispute, the treatment of that portion in the immediately preceding approved Maintenance Management Plan shall remain in effect and govern.

Maintenance Management Plan. 5.5.1 On or before 60 days after the date of issuance of Maintenance NTP1, Maintenance Contractor shall prepare and submit, for TxDOT’s review and approval, a Maintenance Management Plan. The Maintenance Management Plan shall meet the requirements set forth in Section 1903 0120 of Exhibit 2, and comply with the Capital Comprehensive Maintenance Agreement Documents, applicable Government Approvals, and applicable Law. Following the delivery of the initial Maintenance Management Plan, Maintenance Contractor shall submit to TxDOT, for TxDOT’s review and approval, a an updated Maintenance Management Plan update meeting the requirements of Section 1903 0120 of Exhibit 2 by each anniversary of the Initial Maintenance Term Commencement Date. 5.5.2 The Maintenance Management Plan and each update shall show the timing of and methodology for performing the various Maintenance Services. The duration and number of working days of any Maintenance Services set forth in the Maintenance Management Plan that require lane closures Lane Closures shall be subject to the written approval of TxDOT. 5.5.3 TxDOT shall review the Maintenance Management Plan and each update and shall meet with Maintenance Contractor within 30 Days after its submittal to discuss revisions and clarifications or to resolve any disagreements. Within 15 Days after such meeting, Maintenance Contractor shall resubmit the Maintenance Management Plan to TxDOT. TxDOT will either approve or disapprove the Maintenance Management Plan within 15 Days, with comments, objections, recommendations or disapprovals noted in writing. If TxDOT disapproves the Maintenance Management Plan, within ten days after receiving written notice of comments, objections, recommendations or disapprovals from TxDOT, Maintenance Contractor shall submit to TxDOT a revised initial or updated Maintenance Management Plan rectifying such matters and, for matters Maintenance Contractor disagrees with, a written notice setting forth those comments, objections, recommendations and disapprovals that Maintenance Contractor disputes, which notice shall give details of Maintenance Contractor’s grounds for dispute. If Maintenance Contractor fails to give such notice within such time period, it shall be deemed to have accepted the comments, objections and recommendations and the initial or updated Maintenance Management Plan, as applicable, shall thereupon be deemed revised to incorporate the comments and recommendations and to rectify the objections or disapprovals. After timely delivery of any such notice, Maintenance Contractor and TxDOT shall endeavor in good faith to reach agreement as to the matters listed in the notice. If no agreement is reached as to any such matter within 30 days after Maintenance Contractor delivers its notice, either Party may refer the Dispute to the disputes resolution procedures applicable to this Capital Comprehensive Maintenance Agreement. 5.5.4 All portions of the initial or updated Maintenance Management Plan that have been agreed to by the Parties shall govern. Until resolution of any portion of the initial or updated Maintenance Management Plan that is in Dispute, the treatment of that portion in the immediately preceding approved Maintenance Management Plan shall remain in effect and govern.

Maintenance Management Plan. 5.5.1 On or before 60 days after the date of issuance of Maintenance NTP1, Maintenance Contractor shall prepare and submit, for TxDOT’s review and approvalapproval in its good faith discretion, a Maintenance Management Plan. The Approval by TxDOT of the Maintenance Management Plan shall meet the requirements set forth in Section 1903 of Exhibit 2, and comply with the Capital be a condition precedent to Maintenance Agreement Documents, applicable Government Approvals, and applicable LawContractor’s right to commence Maintenance Services. Following the delivery of the initial Maintenance Management Plan, Maintenance Contractor shall submit to TxDOT, for TxDOT’s review and approval, a an updated Maintenance Management Plan update meeting the requirements of Section 1903 0120 of Exhibit 2 to this Comprehensive Maintenance Agreement by each anniversary of the Initial Maintenance Term Commencement Date. 5.5.2 The Maintenance Management Plan shall meet the requirements set forth in Section 0120 of Exhibit 2 to this Comprehensive Maintenance Agreement, and comply with the COMA Documents, applicable Government Approvals, and applicable Law. The Maintenance Management Plan and each update shall show the timing of timing, frequencies and methodology for performing the various Maintenance Services, including Maintenance Contractor’s plan and schedule for performing Routine Maintenance. The duration and number of working days of any Maintenance Services set forth in the Maintenance Management Plan that require lane closures Lane Closures shall be subject to the written approval of TxDOT. 5.5.3 TxDOT shall review the Maintenance Management Plan and each update and shall meet with Maintenance Contractor within 30 Days after its submittal to discuss revisions and clarifications or to resolve any disagreements. Within 15 Days after such meeting, Maintenance Contractor shall resubmit the Maintenance Management Plan to TxDOT. TxDOT will either approve or disapprove the Maintenance Management Plan within 15 Days, with comments, objections, recommendations or disapprovals noted in writing. If TxDOT disapproves the Maintenance Management Plan, within ten days after receiving written notice of comments, objections, recommendations or disapprovals from TxDOT, Maintenance Contractor shall submit to TxDOT a revised initial or updated Maintenance Management Plan rectifying such matters and, for matters Maintenance Contractor disagrees with, a written notice setting forth those comments, objections, recommendations and disapprovals that Maintenance Contractor disputes, which notice shall give details of Maintenance Contractor’s grounds for dispute. If Maintenance Contractor fails to give such notice within such time period, it shall be deemed to have accepted the comments, objections and recommendations and the initial or updated Maintenance Management Plan, as applicable, shall thereupon be deemed revised to incorporate the comments and recommendations and to rectify the objections or disapprovals. After timely delivery of any such notice, Maintenance Contractor and TxDOT shall endeavor in good faith to reach agreement as to the matters listed in the notice. If no agreement is reached as to any such matter within 30 days after Maintenance Contractor delivers its notice, either Party may refer the Dispute to the disputes resolution procedures applicable to this Capital Comprehensive Maintenance Agreement. 5.5.4 All portions of the initial or updated Maintenance Management Plan that have been agreed to by the Parties shall govern. Until resolution of any portion of the initial or updated Maintenance Management Plan that is in Dispute, the treatment of that portion in the immediately preceding approved Maintenance Management Plan shall remain in effect and govern.