Matters Not Eligible for Maintenance Price Increase. 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 4.5 and Section 5 of the CMA 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:
Matters Not Eligible for Maintenance Price Increase. Maintenance 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 Maintenance Contractor shall bear full responsibility for the consequences of all other events and circumstances. Matters which are Maintenance Contractor’s exclusive responsibility include the following:
Matters Not Eligible for Maintenance Price Increase. Maintenance 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 Maintenance Contractor shall bear full responsibility for the consequences of all other events and circumstances. Matters which are Maintenance Contractor’s exclusive responsibility include the following: delay from TxDOT or other parties’ maintenance activities; repairs to damage caused by third parties, except where the value of such damage exceeds $50,000 per incident; 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 Maintenance Contractor-Related Entity or Developer-Related Entity; changes arising out of design or construction of the Project or the materials and supplies used with the construction; acts, omissions, negligence, intentional misconduct or breach of contract, Law, or any Governmental Approval by any Maintenance Contractor- Related Entity or Developer-Related Entity; costs to the extent they could be avoided through mitigation by the Maintenance Contractor or by re-sequencing, re-allocating or redeploying workforces; materials replacing, re-seeding and re-vegetation for erosion; design or construction defects, omissions, errors, flaws or inaccuracies. any costs covered by insurance proceeds received by (or on behalf of) Maintenance Contractor; action or inaction of adjoining property owners or TxDOT's other contractors (unless arising from causes which otherwise give rise to a right to a Change Order); groundwater levels or subsurface moisture content; correction of Nonconforming Work and review and acceptance thereof by TxDOT (including rejected design submittals); any suspensions, terminations, interruptions, denials, non-renewals of, or delays in issuance of a Governmental Approval that is required to be obtained by Maintenance Contractor, any failure to obtain such Governmental Approval, and compliance with the terms and conditions of all Governmental Approvals; any situations (other than Force Majeure Events) which, while not within one of the categories delineated above, were or should have been anticipated because such situations are referred to elsewhere in this Capital Maintenance Agreement o...
