Common use of Obligation to Uncover Finished Construction Work Clause in Contracts

Obligation to Uncover Finished Construction Work. Maintenance Contractor shall inform TxDOT in writing of any construction work to be performed under this Comprehensive Maintenance Agreement that is to be covered, to allow adequate opportunity to TxDOT to inspect and test such work. Maintenance Contractor shall remove or uncover such portions of the finished work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, Maintenance Contractor shall restore the work to the standard required by the COMA Documents. If the work exposed or examined is not in conformance with the requirements of the COMA Documents, then uncovering, removing and restoring of such work and any delay to occasioned thereby shall be at Maintenance Contractor’s cost. Furthermore, any construction work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT or without inspection in accordance with COMA Documents may be ordered uncovered, removed or restored at Maintenance Contractor’s cost, even if such work proves acceptable and conforming after uncovering. Except with respect to the construction work done or materials used without providing TxDOT adequate notice as described in the foregoing sentence, if the work exposed or examined under this Section 5.7.3 is in conformance with the requirements of the COMA Documents, Maintenance Contractor shall be entitled to recover the reasonable and documented cost of such efforts.

Obligation to Uncover Finished Construction Work. Whenever DB Contractor performs design work and construction work as part of the Maintenance Services, such work shall be governed by the requirements for Design Work and Construction Work (each as defined in the DBC) as set forth in the Design-Build Contract and shall follow the procedures for design work and construction work set forth in the PMP. DB Contractor shall inform TxDOT in writing of any construction work to be performed under this Comprehensive Maintenance Agreement CMA that is to be covered, covered to allow adequate opportunity to TxDOT to inspect and test such work. Maintenance DB Contractor shall remove or uncover such portions of the finished work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, Maintenance DB Contractor shall restore the work to the standard required by the COMA CMA Documents. If the work exposed or examined is not in conformance with the requirements of the COMA CMA Documents, then uncovering, removing and restoring of such work and any delay to occasioned thereby shall be at Maintenance DB Contractor’s cost. Furthermore, any construction work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT or without inspection in accordance with COMA CMA Documents may be ordered uncovered, removed or restored at Maintenance DB Contractor’s cost, even if such work proves acceptable and conforming after uncovering. Except with respect to the construction work done or materials used without providing TxDOT adequate notice as described in the foregoing sentence, if the work exposed or examined under this Section 5.7.3 is in conformance with the requirements of the COMA CMA Documents, Maintenance DB Contractor shall be entitled to recover the reasonable and documented cost of such efforts.

Obligation to Uncover Finished Construction Work. Maintenance Contractor shall inform TxDOT in writing of any construction work to be performed under this Comprehensive Capital Maintenance Agreement that is to be covered, to allow adequate opportunity to TxDOT to inspect and test such work. Maintenance Contractor shall remove or uncover such portions of the finished work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, Maintenance Contractor shall restore the work to the standard required by the COMA CMA Documents. If the work exposed or examined is not in conformance with the requirements of the COMA CMA Documents, then uncovering, removing and restoring of such work and any delay to occasioned thereby shall be at Maintenance Contractor’s cost. Furthermore, any construction work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT or without inspection in accordance with COMA CMA Documents may be ordered uncovered, removed or restored at Maintenance Contractor’s cost, even if such work proves acceptable and conforming after uncovering. Except with respect to the construction work done or materials used without providing TxDOT adequate notice as described in the foregoing sentence, if the work exposed or examined under this Section 5.7.3 is in conformance with the requirements of the COMA CMA Documents, Maintenance Contractor shall be entitled to recover the reasonable and documented cost of such efforts.

Obligation to Uncover Finished Construction Work. Maintenance Contractor shall inform TxDOT in writing of any construction work to be performed under this Comprehensive Capital Maintenance Agreement that is to be covered, to allow adequate opportunity to TxDOT to inspect and test such work. Maintenance Contractor shall remove or uncover such portions of the finished work as directed by TxDOTXxXXX. After examination by TxDOT and any other Persons designated by TxDOT, Maintenance Contractor shall restore the work to the standard required by the COMA CMA Documents. If the work exposed or examined is not in conformance with the requirements of the COMA CMA Documents, then uncovering, removing and restoring of such work and any delay to occasioned thereby shall be at Maintenance Contractor’s cost. Furthermore, any construction work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT or without inspection in accordance with COMA CMA Documents may be ordered uncovered, removed or restored at Maintenance Contractor’s cost, even if such work proves acceptable and conforming after uncovering. Except with respect to the construction work done or materials used without providing TxDOT adequate notice as described in the foregoing sentence, if the work exposed or examined under this Section 5.7.3 is in conformance with the requirements of the COMA CMA Documents, Maintenance Contractor shall be entitled to recover the reasonable and documented cost of such efforts.

Obligation to Uncover Finished Construction Work. Whenever DB Contractor performs design work and construction work as part of the Maintenance Services, such work shall be governed by the requirements for Design Work and Construction Work (each as defined in the DBA) as set forth in the Design-Build Agreement and shall follow the procedures for design work and construction work set forth in the PMP. DB Contractor shall inform TxDOT in writing of any construction work to be performed under this Comprehensive Capital Maintenance Agreement that is to be covered, covered to allow adequate opportunity to TxDOT to inspect and test such work. Maintenance DB Contractor shall remove or uncover such portions of the finished work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, Maintenance DB Contractor shall restore the work to the standard required by the COMA CMA Documents. If the work exposed or examined is not in conformance with the requirements of the COMA CMA Documents, then uncovering, removing and restoring of such work and any delay to occasioned thereby shall be at Maintenance DB Contractor’s cost. Furthermore, any construction work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT or without inspection in accordance with COMA CMA Documents may be ordered uncovered, removed or restored at Maintenance DB Contractor’s cost, even if such work proves acceptable and conforming after uncovering. Except with respect to the construction work done or materials used without providing TxDOT adequate notice as described in the foregoing sentence, if the work exposed or examined under this Section 5.7.3 is in conformance with the requirements of the COMA CMA Documents, Maintenance DB Contractor shall be entitled to recover the reasonable and documented cost of such efforts.

Obligation to Uncover Finished Construction Work. Whenever DB Contractor performs design work and construction work as part of the Maintenance Services such work shall be governed by the requirements for Design Work and Construction Work as defined in the DB Agreement and shall follow the procedures for design work and construction work set forth in the PMP. DB Contractor shall inform TxDOT in writing of any construction work to be performed under this Comprehensive Capital Maintenance Agreement that is to be covered, to allow adequate opportunity to TxDOT to inspect and test such work. Maintenance DB Contractor shall remove or uncover such portions of the finished work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, Maintenance DB Contractor shall restore the work to the standard required by the COMA CMA Documents. If the work exposed or examined is not in conformance with the requirements of the COMA CMA Documents, then uncovering, removing and restoring of such work and any delay to occasioned thereby shall be at Maintenance DB Contractor’s cost. Furthermore, any construction work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT or without inspection in accordance with COMA CMA Documents may be ordered uncovered, removed or restored at Maintenance DB Contractor’s cost, even if such work proves acceptable and conforming after uncovering. Except with respect to the construction work done or materials used without providing TxDOT adequate notice as described in the foregoing sentence, if the work exposed or examined under this Section 5.7.3 is in conformance with the requirements of the COMA CMA Documents, Maintenance DB Contractor shall be entitled to recover the reasonable and documented cost of such efforts. 5.8 Effect of Oversight, Spot Checks, Audits, Tests, Acceptance and Approvals

Obligation to Uncover Finished Construction Work. Whenever DB Contractor performs design work and construction work as part of the Maintenance Services such work shall be governed by the requirements for Design Work and Construction Work as defined in the DB Agreement and shall follow the procedures for design work and construction work set forth in the PMP. DB Contractor shall inform TxDOT in writing of any construction work to be performed under this Comprehensive Maintenance Agreement that is to be covered, to allow adequate opportunity to TxDOT to inspect and test such work. Maintenance DB Contractor shall remove or uncover such portions of the finished work as directed by TxDOTXxXXX. After examination by TxDOT and any other Persons designated by TxDOT, Maintenance DB Contractor shall restore the work to the standard required by the COMA Documents. If the work exposed or examined is not in conformance with the requirements of the COMA Documents, then uncovering, removing and restoring of such work and any delay to occasioned thereby shall be at Maintenance DB Contractor’s cost. Furthermore, any construction work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT or without inspection in accordance with COMA Documents may be ordered uncovered, removed or restored at Maintenance DB Contractor’s cost, even if such work proves acceptable and conforming after uncovering. Except with respect to the construction work done or materials used without providing TxDOT adequate notice as described in the foregoing sentence, if the work exposed or examined under this Section 5.7.3 is in conformance with the requirements of the COMA Documents, Maintenance DB Contractor shall be entitled to recover the reasonable and documented cost of such efforts.

Obligation to Uncover Finished Construction Work. Whenever DB Contractor performs design work and construction work as part of the Maintenance Services such work shall be governed by the requirements for Design Work and Construction Work as defined in the DB Agreement and shall follow the procedures for design work and construction work set forth in the PMP. DB Contractor shall inform TxDOT in writing of any construction work to be performed under this Comprehensive Capital Maintenance Agreement that is to be covered, to allow adequate opportunity to TxDOT to inspect and test such work. Maintenance DB Contractor shall remove or uncover such portions of the finished work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, Maintenance DB Contractor shall restore the work to the standard required by the COMA CMA Documents. If the work exposed or examined is not in conformance with the requirements of the COMA CMA Documents, then uncovering, removing and restoring of such work and any delay to occasioned thereby shall be at Maintenance DB Contractor’s cost. Furthermore, any construction work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT or without inspection in accordance with COMA CMA Documents may be ordered uncovered, removed or restored at Maintenance DB Contractor’s cost, even if such work proves acceptable and conforming after uncovering. Except with respect to the construction work done or materials used without providing TxDOT adequate notice as described in the foregoing sentence, if the work exposed or examined under this Section 5.7.3 is in conformance with the requirements of the COMA CMA Documents, Maintenance DB Contractor shall be entitled to recover the reasonable and documented cost of such efforts.

Obligation to Uncover Finished Construction Work. Maintenance Contractor shall inform TxDOT in writing of any construction work to be performed under this Comprehensive Capital Maintenance Agreement that is to be covered, to allow adequate opportunity to TxDOT to inspect and test such work. Maintenance Contractor shall remove or uncover such portions of the finished work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, Maintenance Contractor shall restore the work to the standard required by the COMA CMA Documents. If the work exposed or examined is not in conformance with the requirements of the COMA CMA Documents, then uncovering, removing and restoring of such work and any delay to occasioned thereby shall be at Maintenance Contractor’s cost. Furthermore, any construction work done or materials used without adequate notice to and opportunity for Texas Department of Transportation Execution Version Horseshoe Project 26 Capital Maintenance Agreement prior inspection by TxDOT or without inspection in accordance with COMA CMA Documents may be ordered uncovered, removed or restored at Maintenance Contractor’s cost, even if such work proves acceptable and conforming after uncovering. Except with respect to the construction work done or materials used without providing TxDOT adequate notice as described in the foregoing sentence, if the work exposed or examined under this Section 5.7.3 is in conformance with the requirements of the COMA CMA Documents, Maintenance Contractor shall be entitled to recover the reasonable and documented cost of such efforts.

Obligation to Uncover Finished Construction Work. Maintenance Contractor shall inform TxDOT in writing of any construction work to be performed under this Comprehensive Capital Maintenance Agreement that is to be covered, to allow adequate opportunity to TxDOT to inspect and test such work. Maintenance Contractor shall remove or uncover such portions of the finished work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, Maintenance Contractor shall restore the work to the standard required by the COMA CMA Documents. If the work exposed or examined is not in conformance with the requirements of the COMA CMA Documents, then uncovering, removing and restoring of such work and any delay to occasioned thereby shall be at Maintenance Contractor’s cost. Furthermore, any construction work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with COMA CMA Documents may be ordered uncovered, removed or restored at Maintenance Contractor’s cost, even if such work proves acceptable and conforming after uncovering. Except with respect to the construction work done or materials used without providing TxDOT adequate notice as described in the foregoing sentence, if the work exposed or examined under this Section 5.7.3 is in conformance with the requirements of the COMA CMA Documents, Maintenance Contractor shall be entitled to recover the reasonable and documented cost of such efforts.

Obligation to Uncover Finished Construction Work. Maintenance DB Contractor shall inform TxDOT in writing of any construction work to be performed under this Comprehensive Maintenance Agreement that is to be covered, to allow adequate opportunity to TxDOT to inspect and test such work. Maintenance DB Contractor shall remove or uncover such portions of the finished work as directed by TxDOTXxXXX. After examination by TxDOT and any other Persons designated by TxDOT, Maintenance DB Contractor shall restore the work to the standard required by the COMA Documents. If the work exposed or examined is not in conformance with the requirements of the COMA Documents, then uncovering, removing and restoring of such work and any delay to occasioned thereby shall be at Maintenance DB Contractor’s cost. Furthermore, any construction work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT or without inspection in accordance with COMA Documents may be ordered uncovered, removed or restored at Maintenance DB Contractor’s cost, even if such work proves acceptable and conforming after uncovering. Except with respect to the construction work done or materials used without providing TxDOT adequate notice as described in the foregoing sentence, if the work exposed or examined under this Section 5.7.3 is in conformance with the requirements of the COMA Documents, Maintenance DB Contractor shall be entitled to recover the reasonable and documented cost of such efforts.

Obligation to Uncover Finished Construction Work. Maintenance DB Contractor shall inform TxDOT in writing of any construction work to be performed under this Comprehensive Maintenance Agreement that is to be covered, to allow adequate opportunity to TxDOT to inspect and test such work. Maintenance DB Contractor shall remove or uncover such portions of the finished work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, Maintenance DB Contractor shall restore the work to the standard required by the COMA Documents. If the work exposed or examined is not in conformance with the requirements of the COMA Documents, then uncovering, removing and restoring of such work and any delay to occasioned thereby shall be at Maintenance DB Contractor’s cost. Furthermore, any construction work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT or without inspection in accordance with COMA Documents may be ordered uncovered, removed or restored at Maintenance DB Contractor’s cost, even if such work proves acceptable and conforming after uncovering. Except with respect to the construction work done or materials used without providing TxDOT adequate notice as described in the foregoing sentence, if the work exposed or examined under this Section 5.7.3 is in conformance with the requirements of the COMA Documents, Maintenance DB Contractor shall be entitled to recover the reasonable and documented cost of such efforts.

Obligation to Uncover Finished Construction Work. Whenever DB Contractor performs design work and construction work as part of the Maintenance Services such work shall be governed by the requirements for Design Work and Construction Work as defined in the DB Agreement and shall follow the procedures for design work and construction work set forth in the PMP. DB Contractor shall inform TxDOT in writing of any construction work to be performed under this Comprehensive Maintenance Agreement that is to be covered, to allow adequate opportunity to TxDOT to inspect and test such work. Maintenance DB Contractor shall remove or uncover such portions of the finished work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, Maintenance DB Contractor shall restore the work to the standard required by the COMA Documents. If the work exposed or examined is not in conformance with the requirements of the COMA Documents, then uncovering, removing and restoring of such work and any delay to occasioned thereby shall be at Maintenance DB Contractor’s cost. Furthermore, any construction work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT or without inspection in accordance with COMA Documents may be ordered uncovered, removed or restored at Maintenance DB Contractor’s cost, even if such work proves acceptable and conforming after uncovering. Except with respect to the construction work done or materials used without providing TxDOT adequate notice as described in the foregoing sentence, if the work exposed or examined under this Section 5.7.3 is in conformance with the requirements of the COMA Documents, Maintenance DB Contractor shall be entitled to recover the reasonable and documented cost of such efforts.

Obligation to Uncover Finished Construction Work. Whenever DB Contractor performs design work and construction work as part of the Maintenance Services, such work shall be governed by the requirements for Design Work and Construction Work (each as defined in the DBA) as set forth in the Design-Build Agreement and shall follow the procedures for design work and construction work set forth in the PMP. DB Contractor shall inform TxDOT in writing of any construction work to be performed under this Comprehensive Capital Maintenance Agreement that is to be covered, covered to allow adequate opportunity to TxDOT to inspect and test such work. Maintenance DB Contractor shall remove or uncover such portions of the finished work as directed by TxDOTXxXXX. After examination by TxDOT and any other Persons designated by TxDOT, Maintenance DB Contractor shall restore the work to the standard required by the COMA CMA Documents. If the work exposed or examined is not in conformance with the requirements of the COMA CMA Documents, then uncovering, removing and restoring of such work and any delay to occasioned thereby shall be at Maintenance DB Contractor’s cost. Furthermore, any construction work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT or without inspection in accordance with COMA CMA Documents may be ordered uncovered, removed or restored at Maintenance DB Contractor’s cost, even if such work proves acceptable and conforming after uncovering. Except with respect to the construction work done or materials used without providing TxDOT adequate notice as described in the foregoing sentence, if the work exposed or examined under this Section 5.7.3 is in conformance with the requirements of the COMA CMA Documents, Maintenance DB Contractor shall be entitled to recover the reasonable and documented cost of such efforts.

Obligation to Uncover Finished Construction Work. Maintenance Contractor shall inform TxDOT in writing of any construction work to be performed under this Comprehensive Maintenance Agreement CMA that is to be covered, to allow adequate opportunity to TxDOT to inspect and test such work. Maintenance Contractor shall remove or uncover such portions of the finished work as directed by TxDOTXxXXX. After examination by TxDOT and any other Persons designated by TxDOT, Maintenance Contractor shall restore the work to the standard required by the COMA CMA Documents. If the work exposed or examined is not in conformance with the requirements of the COMA CMA Documents, then uncovering, removing and restoring of such work and any delay to occasioned thereby shall be at Maintenance Contractor’s cost. Furthermore, any construction work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT or without inspection in accordance with COMA CMA Documents may be ordered uncovered, removed or restored at Maintenance Contractor’s cost, even if such work proves acceptable and conforming after uncovering. Except with respect to the construction work done or materials used without providing TxDOT adequate notice as described in the foregoing sentence, if the work exposed or examined under this Section 5.7.3 is in conformance with the requirements of the COMA CMA Documents, Maintenance Contractor shall be entitled to recover the reasonable and documented cost of such efforts.