Matters Not Eligible for Maintenance Price Increase. 10.10.1 DB Contractor acknowledges and agrees that no increase in the Maintenance Price is available except in circumstances expressly provided for herein, that such Maintenance Price increase shall be available only as provided in this Section 10, and that DB Contractor shall bear full responsibility for the consequences of all other events and circumstances. Matters that are DB Contractor’s exclusive responsibility include the following:
(a) Delay from TxDOT’s or other parties’ maintenance activities;
(b) Maintenance, replacement or repair of any component (whether or not it is a Maintained Element), necessitated by any act, omission, negligence, intentional misconduct, or breach of applicable Law, contract or Governmental Approval by any DB Contractor-Related Entity;
(c) Changes arising out of the design or construction of the Project, the volume or characteristics of traffic using the Project, or the materials and supplies used with the construction;
(d) Acts, omissions, negligence, intentional misconduct or breach of contract, Law, or any Governmental Approval by any DB Contractor-Related Entity;
(e) Costs to the extent they could be avoided through mitigation by DB Contractor or by resequencing, reallocating or redeploying workforces;
(f) Materials replacement, re-seeding and re-vegetation for erosion;
(g) Design or construction Errors;
(h) any costs covered by insurance available to DB Contractor, any deductible or self-insured retention associated with such insurance, or any costs that would have been covered by any insurance that is deemed to be self-insured by DB Contractor under Section 7.8.4;
(i) Action or inaction of adjoining property owners or TxDOT’s other contractors (unless arising from causes that otherwise give rise to a right to a Change Order);
(j) Groundwater levels or subsurface moisture content;
(k) Correction of Nonconforming Work and review and acceptance thereof by TxDOT (including rejected design submittals);
(l) Any suspensions, terminations, interruptions, denials, nonrenewals of, or delays in the issuance of, a Governmental Approval that is required to be obtained by DB Contractor, any failure to obtain such Governmental Approval, and compliance with the terms and conditions of all Governmental Approvals;
(m) Any situations (other than Force Majeure Events) that, while not within one of the categories delineated above, were or should have been anticipated, because such situations are referred to elsewhere in this CMA or aris...
