Common use of Provision of Bonds Clause in Contracts

Provision of Bonds. DB Contractor shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB Contractor’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a performance bond in the initial amount of $3,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a payment bond in the initial amount of $3,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to one hundred percent (100%) of the Price allocable to Construction Work (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. After Final Acceptance, TxDOT shall provide a written release of the NTP2 Performance Bond, provided that (and upon such date after Final Acceptance that) all of the following conditions have been met: (a) DB Contractor is not in default under this Agreement, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor hereunder or under the Contract Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon the issuance by TxDOT of NTP2, the amount of the Payment Bond shall increase to one hundred percent (100%) of the Price allocable to Construction Work (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase. TxDOT will release the Payment Bond upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, and other deductions or damages owed by the DB Contractor in connection with this Agreement. 8.1.6 DB Contractor shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. 8.1.7 After Final Acceptance and subject to the requirements herein, DB Contractor may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.

Provision of Bonds. DB Contractor shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB Contractor’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a performance bond in the initial amount of $3,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a payment bond in the initial amount of $3,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to one hundred percent (100%) of the Price allocable to Construction Work (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. After Final Acceptance, TxDOT shall provide a written release of the NTP2 Performance Bond, provided that (and upon such date after Final Acceptance that) all of the following conditions have been met: (a) DB Contractor is not in default under this Agreement, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor hereunder or under the Contract Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon the issuance by TxDOT of NTP2, the amount of the Payment Bond shall increase to one hundred percent (100%) of the Price allocable to Construction Work (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase. TxDOT will release the Payment Bond upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, and other deductions or damages owed by the DB Contractor in connection with this Agreement. 8.1.6 DB Contractor shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. 8.1.7 After Final Acceptance and subject to the requirements herein, DB Contractor may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.better

Provision of Bonds. DB Contractor Developer shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB ContractorDeveloper’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor Developer shall deliver to TxDOT a performance bond in the initial amount of $3,000,000 25,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor Developer shall deliver to TxDOT a payment bond in the initial amount of $3,000,000 25,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to [Insert one hundred percent (100%) of the Price allocable to Construction Work (equal to the sum of the amounts set forth in rows 9-20 and 24 of ITP Form M-1.1).] (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. After Final Acceptance, TxDOT shall provide a written release of the NTP2 Performance Bond, Bond provided that (and upon such date after Final Acceptance that) all of the following conditions have been metoccurred: (a) DB Contractor Developer is not in default under this Agreement, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor Developer hereunder or under the Contract Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon the issuance by TxDOT of NTP2, the amount of the Payment Bond shall increase to [Insert one hundred percent (100%) of the Price allocable to Construction Work (equal to the sum of the amounts set forth in rows 9-20 and 24 of ITP Form M-1.1).] (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase. TxDOT will release the Payment Bond upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor Developer shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, and other deductions or damages owed by the DB Contractor Developer in connection with this Agreement. 8.1.6 DB Contractor Developer shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor Developer obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. 8.1.7 After Final Acceptance and subject to the requirements herein, DB Contractor Developer may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Upon Final Acceptance, the Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor Developer shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.

Provision of Bonds. DB Contractor Developer shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB ContractorDeveloper’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor Developer shall deliver to TxDOT a performance bond in the initial amount of $3,000,000 (the “NTP1 Performance Bond Amount”) 50,000,000 and in the form attached hereto as Exhibit 9. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a payment bond in the initial amount of $3,000,000 -A (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to one hundred percent (100%) of the Price allocable to Construction Work (“NTP2 Performance Bond AmountBond”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. After Final Acceptance, TxDOT shall provide a written release of the NTP2 NTP1 Performance BondBond to Surety upon issuance of NTP2, provided that (and upon such date after Final Acceptance that) all of the following conditions have been met: (a) DB Contractor Developer is in compliance with the terms of the CDA Documents and is not in default under this Agreement, thereunder; (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor Developer hereunder or under the Contract CDA Documents; and (c) TxDOT has received the NTP2 Payment Bond and NTP2 Performance Bond under Sections 8.1.3 and 8.1.4, respectively. 8.1.2 On or before the issuance by TxDOT of NTP1, Developer shall deliver to TxDOT a payment bond in the amount of $50,000,000 and in the form attached hereto as Exhibit 10-A (the “NTP1 Payment Bond”). TxDOT shall provide a written release of the NTP1 Payment Bond to Surety upon issuance of NTP2, provided that: (a) Developer is in compliance with the terms of the CDA Documents and is not in default thereunder; (b) no event has occurred that with the giving of notice or passage of time would constitute a default by Developer hereunder or under the CDA Documents; and (c) TxDOT has received the NTP2 Performance Bond and NTP2 Payment Bond under Sections 8.1.3 and 8.1.4, respectively. 8.1.3 On or before the issuance by TxDOT of NTP2, Developer shall deliver to TxDOT a Performance Bond in the form attached hereto as Exhibit 9-B and in the amount equal to the lesser of $250,000,000 or 100% of the contracted construction cost (“NTP2 Performance Bond”). TxDOT will release the NTP2 Performance Bond upon Final Acceptance, provided that all of the following conditions have been met: (a) Developer is not in default under this Agreement and (b) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon On or before the issuance by TxDOT of NTP2, Developer shall deliver to TxDOT a Payment Bond in the form attached hereto as Exhibit 10-B and in the amount equal to the lesser of $250,000,000 or 100% of the Payment Bond shall increase to one hundred percent (100%) of the Price allocable to Construction Work contracted construction cost (“NTP2 Payment Bond AmountBond”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase). TxDOT will release the NTP2 Payment Bond upon: (a) receipt of of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the NTP2 Payment Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the NTP2 Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the NTP2 Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor Developer shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 410% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, and other deductions or damages owed by the DB Contractor Developer in connection with this Agreement. 8.1.6 DB Contractor Developer shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor Developer obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the such NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. 8.1.7 After Final Acceptance and subject to the requirements herein, DB Contractor may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.

Provision of Bonds. DB Contractor shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB Contractor’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a performance bond whereby Corporation is named as obligee in the initial amount of $3,000,000 25,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. The NTP1 Performance Bond shall include a dual obligee rider whereby TxDOT is named as an additional obligee, and the rider shall be in the form attached hereto as Exhibit 9-1. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a payment bond whereby Corporation is named as obligee in the initial amount of $3,000,000 25,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. The NTP1 Payment Bond shall include a dual obligee rider whereby TxDOT is named as an additional obligee, and the rider shall be in the form attached hereto as Exhibit 10-1. 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to [ ] [insert one hundred percent (100%) of the Price allocable to Construction Work (equal to Line 24 of Form M-1.1)] (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. Upon exercise of the Xxxxxx Road Option, the NTP2 Performance Bond Amount shall be increased in an amount equal to the Option Price for the Xxxxxx Road Option. After Final Acceptance, TxDOT shall provide a written release of the NTP2 Performance Bond, provided that (and upon such date after Final Acceptance that) all of the following conditions have been metoccurred: (a) DB Contractor is not in default under this Agreement, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor hereunder or under the Contract Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon the issuance by TxDOT of NTP2, the amount of the Payment Bond shall increase to [ ] [insert one hundred percent (100%) of the Price allocable to Construction Work (equal to Line 24 of Form M-1.1)] (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase. Upon exercise of the Xxxxxx Road Option, the NTP2 Payment Bond Amount shall be increased in an amount equal to the Option Price for the Xxxxxx Road Option. TxDOT will release the Payment Bond upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, and other deductions or damages owed by the DB Contractor in connection with this Agreement. 8.1.6 DB Contractor shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. 8.1.7 After Final Acceptance and subject to the requirements herein, DB Contractor may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.

Provision of Bonds. DB Contractor Developer shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB ContractorDeveloper’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor Developer shall deliver to TxDOT a performance bond in the initial amount of $3,000,000 50,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor Developer shall deliver to TxDOT a payment bond in the initial amount of $3,000,000 50,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. . 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to one hundred percent (the lesser of $250,000,000 or 100%) % of the Price allocable to Construction Work contracted construction cost (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. After TxDOT will release the Performance Bond upon Final Acceptance, TxDOT shall provide a written release of the NTP2 Performance Bond, provided that (and upon such date after Final Acceptance that) all of the following conditions have been met: (a) DB Contractor Developer is not in default under this Agreement, Agreement and (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor hereunder or under the Contract Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon the issuance by TxDOT of NTP2, the amount of the Payment Bond shall increase to one hundred percent (the lesser of $250,000,000 or 100%) % of the Price allocable to Construction Work contracted construction cost (“NTP2 Payment Bond Amount”) in accordance with the Payment Paymont Bond rider included in Exhibit 10 effecting such increase. TxDOT will release the Payment Bond upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor Developer shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 410% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, and other deductions or damages owed by the DB Contractor Developer in connection with this Agreement. 8.1.6 DB Contractor Developer shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor Developer obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. 8.1.7 After Final Acceptance and subject to the requirements herein, DB Contractor may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.

Provision of Bonds. DB Contractor shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB Contractor’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a performance bond in the initial amount of $3,000,000 25,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a payment bond in the initial amount of $3,000,000 25,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to one hundred percent (100%) of the Price allocable to Construction Work (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. After Final Acceptance, TxDOT shall provide a written release of the NTP2 Performance Bond, provided that (and upon such date after Final Acceptance that) all of the following conditions have been met: (a) DB Contractor is not in default under this Agreement, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor hereunder or under the Contract Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon the issuance by TxDOT of NTP2, the amount of the Payment Bond shall increase to one hundred percent (100%) of the Price allocable to Construction Work (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase. TxDOT will release the Payment Bond upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, and other deductions or damages owed by the DB Contractor in connection with this Agreement. 8.1.6 DB Contractor shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8.Bond 8.1.7 After Final Acceptance and subject to the requirements herein, DB Contractor may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.

Provision of Bonds. DB Contractor shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB Contractor’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a performance bond in the initial amount of $3,000,000 15,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a payment bond in the initial amount of $3,000,000 15,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to one hundred percent (100%) of the Price allocable to Construction Work $214,874,002 (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. Upon exercise of any of Options 3A-3I, the NTP2 Performance Bond Amount shall be increased in an amount equal to the Option Price allocable to Construction Work for such Option(s) (including any associated Authority Options). After Final AcceptanceAcceptance of the Project, TxDOT shall provide a written release of the Performance Bond with respect to the Project in the NTP2 Performance BondBond Amount, provided that (and upon such date after Final Acceptance of the Project that) all of the following conditions have been met: (a) DB Contractor is not in default under this AgreementDBA, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor hereunder or under the Contract DBA Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon the issuance by TxDOT of NTP2, the amount of the Payment Bond shall increase to one hundred percent (100%) of the Price allocable to Construction Work $214,874,002 (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase. Upon exercise of any of Options 3A-3I, the NTP2 Payment Bond Amount shall be increased in an amount equal to the Option Price allocable to Construction Work for such Option(s) (including any associated Authority Options). TxDOT will release the Payment Bond with respect to the Project in the amount of the NTP2 Payment Bond Amount upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond with respect to the Project have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment BondBond with respect to the Project, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond with respect to the Project if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, Lane Rental Charges, Performance Assessment Charges, failure to deliver Record Drawings and other deductions or damages owed by the DB Contractor in connection with this AgreementDBA. 8.1.6 DB Contractor shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. 8.1.7 After Final Acceptance and subject to the requirements herein, DB Contractor may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.

Provision of Bonds. DB Contractor Developer shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB ContractorDeveloper’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor Developer shall deliver to TxDOT a performance bond in the initial amount of $3,000,000 25,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor Developer shall deliver to TxDOT a payment bond in the initial amount of $3,000,000 25,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to [one hundred percent (100%) of the Price allocable to Construction Work Work] (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. After Final Acceptance, TxDOT shall provide a written release of the NTP2 Performance Bond, provided that (and upon such date after Final Acceptance that) all of the following conditions have been metoccurred: (a) DB Contractor Developer is not in default under this Agreement, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor Developer hereunder or under the Contract Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon the issuance by TxDOT of NTP2, the amount of the Payment Bond shall increase to [one hundred percent (100%) of the Price allocable to Construction Work Work] (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase. TxDOT will release the Payment Bond upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor Developer shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, and other deductions or damages owed by the DB Contractor Developer in connection with this Agreement. 8.1.6 DB Contractor Developer shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor Developer obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8.increased 8.1.7 After Final Acceptance and subject to the requirements herein, DB Contractor Developer may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Warranty Bond shall apply upon Final Acceptance and shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor Developer shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.

Provision of Bonds. DB Contractor shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB Contractor’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a performance bond whereby Corporation is named as obligee in the initial amount of $3,000,000 25,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. The NTP1 Performance Bond shall include a dual obligee rider whereby TxDOT is named as an additional obligee, and the rider shall be in the form attached hereto as Exhibit 9-1. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a payment bond whereby Corporation is named as obligee in the initial amount of $3,000,000 25,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. The NTP1 Payment Bond shall include a dual obligee rider whereby TxDOT is named as an additional obligee, and the rider shall be in the form attached hereto as Exhibit 10-1. 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to [ ] [insert one hundred percent (100%) of the Price allocable to Construction Work (equal to Line 25 of Form BAFO M-1.1)] (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. Upon exercise of the H-West Option, the NTP2 Performance Bond Amount shall be increased in an amount equal to the Option Price for the Xxxxxx Road Option. After Final Acceptance, TxDOT shall provide a written release of the NTP2 Performance Bond, provided that (and upon such date after Final Acceptance that) all of the following conditions have been metoccurred: (a) DB Contractor is not in default under this Agreement, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor hereunder or under the Contract Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon the issuance by TxDOT of NTP2, the amount of the Payment Bond shall increase to [ ] [insert one hundred percent (100%) of the Price allocable to Construction Work (equal to Line 25 of Form BAFO M-1.1)] (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase. Upon exercise of the H-West Option, the NTP2 Payment Bond Amount shall be increased in an amount equal to the Option Price for the H-West Option. TxDOT will release the Payment Bond upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, and other deductions or damages owed by the DB Contractor in connection with this Agreement. 8.1.6 DB Contractor shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. 8.1.7 After Final Acceptance and subject to the requirements herein, DB Contractor may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.

Provision of Bonds. DB Contractor shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB Contractor’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a performance bond in the initial amount of $3,000,000 15,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a payment bond in the initial amount of $3,000,000 15,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to [ ] [insert one hundred percent (100%) of the Price allocable to Construction Work (equal to Line of Form M-1.1)]] (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. After Final AcceptanceAcceptance of each of Section 1A and Section 1B and Segment 2, as applicable, TxDOT shall provide a written release of the NTP2 Performance BondBond for such Section or Section and Segment, provided that (and upon such date after Final Acceptance of such Section or Section and Segment that) all of the following conditions have been metoccurred: (a) DB Contractor is not in default under this Agreement, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor hereunder or under the Contract Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon the issuance by TxDOT of NTP2, the amount of the Payment Bond shall increase to [ ] [insert one hundred percent (100%) of the Price allocable to Construction Work (equal to Line of Form M-1.1)]] (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase. TxDOT will release the Payment Bond upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, Noncompliance Charges and Lane Rental Charges, failure to deliver Record Drawings and other deductions or damages owed by the DB Contractor in connection with this Agreement. 8.1.6 DB Contractor shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. 8.1.7 After Final Acceptance and subject to the requirements herein, DB Contractor may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.

Provision of Bonds. DB Contractor shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB Contractor’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a performance bond in the initial amount of $3,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a payment bond in the initial amount of $3,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to one hundred percent (100%) of the Price allocable to Construction Work $83,309,391.66 (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. After Final AcceptanceAcceptance of the Project, TxDOT shall provide a written release of the Performance Bond with respect to the Project in the NTP2 Performance BondBond Amount, provided that (and upon such date after Final Acceptance of the Project that) all of the following conditions have been met: (a) DB Contractor is not in default under this AgreementDBA, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor hereunder or under the Contract DBA Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7Sections 8.1.7 and 8.1.8. 8.1.4 Upon the issuance by TxDOT of NTP2, the amount of the Payment Bond shall increase to one hundred percent (100%) of the Price allocable to Construction Work on the Project (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase. TxDOT will release the Payment Bond with respect to the Project in the amount of the NTP2 Payment Bond Amount upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond with respect to the Project have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, and other deductions or damages owed by the DB Contractor in connection with this Agreement. 8.1.6 DB Contractor shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. 8.1.7 After Final Acceptance and subject respect to the requirements hereinProject, DB Contractor may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.or

Provision of Bonds. DB Contractor shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB Contractor’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a performance bond whereby Corporation is named as obligee in the initial amount of $3,000,000 25,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. The NTP1 Performance Bond shall include a dual obligee rider whereby TxDOT is named as an additional obligee, and the rider shall be in the form attached hereto as Exhibit 9-1. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a payment bond whereby Corporation is named as obligee in the initial amount of $3,000,000 25,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. The NTP1 Payment Bond shall include a dual obligee rider whereby TxDOT is named as an additional obligee, and the rider shall be in the form attached hereto as Exhibit 10-1. 8.1.3 Upon the issuance by TxDOT of NTP2 or a Limited NTP2, the amount of the Performance Bond shall increase to one hundred percent (100%) of the Price allocable to Construction Work $815,220,517.69 (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. Upon exercise of the H-West Option, the NTP2 Performance Bond Amount shall be increased in an amount equal to the Option Price for the Xxxxxx Road Option. After Final Acceptance, TxDOT shall provide a written release of the NTP2 Performance Bond, provided that (and upon such date after Final Acceptance that) all of the following conditions have been metoccurred: (a) DB Contractor is not in default under this Agreement, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor hereunder or under the Contract Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon the issuance by TxDOT of NTP2 or a Limited NTP2, the amount of the Payment Bond shall increase to one hundred percent (100%) of the Price allocable to Construction Work $815,220,517.69 (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase. Upon exercise of the H-West Option, the NTP2 Payment Bond Amount shall be increased in an amount equal to the Option Price for the H-West Option. TxDOT will release the Payment Bond upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2 or a Limited NTP2, DB Contractor shall deliver to TxDOT a Retainage Bond whereby Corporation is named as obligee in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, and other deductions or damages owed by the DB Contractor in connection with this Agreement. The Retainage Bond shall include a dual obligee rider whereby TxDOT is named as an additional obligee, and the rider shall be in the form attached hereto as Exhibit 11-1. 8.1.6 DB Contractor shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. 8.1.7 After Final Acceptance and subject to the requirements herein, DB Contractor may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall name Corporation as obligee and shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Warranty Bond shall include a dual obligee rider whereby TxDOT is named as an additional obligee, and the rider shall be in the form attached hereto as Exhibit 12-1. The Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.and

Provision of Bonds. DB Contractor Developer shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB ContractorDeveloper’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor Developer shall deliver to TxDOT a performance bond in the initial amount of $3,000,000 25,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor Developer shall deliver to TxDOT a payment bond in the initial amount of $3,000,000 25,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to [Insert one hundred percent (100%) of the Price allocable to Construction Work (equal to the sum of the amounts set forth in rows 9-20 and 24 of ITP Form M-1.1).] (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. After Final Acceptance, TxDOT shall provide a written release of the NTP2 Performance Bond, Bond provided that (and upon such date after Final Acceptance that) all of the following conditions have been metoccurred: (a) DB Contractor Developer is not in default under this Agreement, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor Developer hereunder or under the Contract Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon the issuance by TxDOT of NTP2, the amount of the Payment Bond shall increase to [Insert one hundred percent (100%) of the Price allocable to Construction Work (equal to the sum of the amounts set forth in rows 9-20 and 24 of ITP Form M-1.1).] (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase. TxDOT will release the Payment Bond upon: : (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor Developer shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, and other deductions or damages owed by the DB Contractor Developer in connection with this Agreement. 8.1.6 DB Contractor Developer shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor Developer obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. 8.1.7 After Final Acceptance and subject to the requirements herein, DB Contractor Developer may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Upon Final Acceptance, the Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor Developer shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.

Provision of Bonds. DB Contractor Developer shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB ContractorDeveloper’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor Developer shall deliver to TxDOT a performance bond in the initial amount of $3,000,000 25,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor Developer shall deliver to TxDOT a payment bond in the initial amount of $3,000,000 25,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to [one hundred percent (100%) of the Price allocable to Construction Work Work] (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. After Final Acceptance, TxDOT shall provide a written release of the NTP2 Performance Bond, provided that (and upon such date after Final Acceptance that) all of the following conditions have been metoccurred: (a) DB Contractor Developer is not in default under this Agreement, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor Developer hereunder or under the Contract Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon the issuance by TxDOT of NTP2, the amount of the Payment Bond shall increase to [one hundred percent (100%) of the Price allocable to Construction Work Work] (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase. TxDOT will release the Payment Bond upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor Developer shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated DamagesDa mages, and other deductions or damages owed by the DB Contractor Developer in connection with this Agreement. 8.1.6 DB Contractor Developer shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor Developer obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8.increased 8.1.7 After Final Acceptance and subject to the requirements requirem ents herein, DB Contractor Developer may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment pa yment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Warranty Bond shall apply upon Final Acceptance and shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor Developer shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.

Provision of Bonds. DB Contractor shall provide payment, performance, retainage performance and warranty bonds to TxDOT securing DB Contractor’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a performance bond in the initial amount of $3,000,000 18,400,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a payment bond in the initial amount of $3,000,000 18,400,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. 8.1.3 Upon the issuance by TxDOT of Segment 1 NTP2, the amount of the Performance Bond shall increase to [ ] [insert one hundred percent (100%) of the Segment 1 Price allocable to Construction Work (including any Option Work) (equal to Line(s) of Form(s) M- ]] (“Segment 1 NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider for Segment 1 included in Exhibit 9 effecting such increase. Upon the issuance by TxDOT of Segment 2 NTP2 , the amount of the Performance Bond shall increase to [ ] [add to the Segment 1 NTP Performance Bond Amount one hundred percent (100%) of the Segment 2 Price allocable to the Construction Work (including any Option Work) (equal to Line(s) of Form(s) M- [ ]) (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider for Segment 2 included in Exhibit 9 effecting such increase. After Final AcceptanceAcceptance of Segment 1 and Final Acceptance of Segment 2, as applicable, TxDOT shall provide a written release of the NTP2 Performance BondBond for such Segment, provided that (and upon such date after Final Acceptance of such Segment that) all of the following conditions have been met: occurred: (a) DB Contractor is not in default under this Agreement, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor hereunder or under the Contract Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon the issuance by TxDOT of Segment 1 NTP2, the amount of the Payment Bond shall increase to [ ] [insert one hundred percent (100%) of the Segment 1 Price allocable to Construction Work (including any Option Work) (equal to Line(s) of Form M-[ ])] (“Segment 1 NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider for Segment 1 included in Exhibit 10 effecting such increase. Upon the issuance by TxDOT of Segment 2 NTP2, the amount of the Payment Bond shall increase to [ ] [add to the Segment 1 NTP Performance Bond Amount one hundred percent (100%) of the Segment 2 Price allocable to Construction Work (including any Option Work) (equal to Line(s) of Form M-[ ])] (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider for Segment 2 included in Exhibit 10 effecting such increase. TxDOT will release the Payment Bond upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, and other deductions or damages owed by the DB Contractor in connection with this Agreement. 8.1.6 DB Contractor shall not commence or permit or suffer commencement of any Design Work or Construction Work in Segment 1 until DB Contractor obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the Segment 1 NTP2 Performance Bond Amount and the Segment 1 NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. DB Contractor shall not commence or permit or suffer commencement of any Design Work or Construction Work in Segment 2 until DB Contractor obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and the NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. 8.1.7 8.1.6 After (i) Final Acceptance of Segment 1 and (ii) Final Acceptance of Segment 2 and subject to the requirements herein, DB Contractor may obtain a release of the Performance Bond and Payment Bonds Bond for Segment 1 or Segment 2, as applicable, by providing a warranty bond which that shall guarantee performance of the Development Work required to be performed during the Warranty period for each such Section or Segment and which that shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 1211. Initially, the Warranty Bond shall apply to the Final Acceptance of Segment 1. Upon Final Acceptance of Segment 2, DB Contractor may provide a rider to the Warranty Bond adding the remaining Work for such Segment to the scope of the Warranty Bond, provided that the penal sum shall not change. The Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 8.1.7 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.

Provision of Bonds. DB Contractor shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB Contractor’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a performance bond in the initial amount of $3,000,000 25,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a payment bond in the initial amount of $3,000,000 25,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to [ ] [insert one hundred percent (100%) of the Price allocable to Construction Work (equal to Line 24 of Form M-1.1)]] (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. Upon exercise of the Xxxxxx Road Option, the NTP2 Performance Bond Amount shall be increased in an amount equal to the Option Price for the Xxxxxx Road Option. After Final Acceptance, TxDOT shall provide a written release of the NTP2 Performance Bond, provided that (and upon such date after Final Acceptance that) all of the following conditions have been metoccurred: (a) DB Contractor is not in default under this Agreement, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor hereunder or under the Contract Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon the issuance by TxDOT of NTP2, the amount of the Payment Bond shall increase to [ ] [insert one hundred percent (100%) of the Price allocable to Construction Work (equal to Line 24 of Form M-1.1)]] (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase. Upon exercise of the Xxxxxx Road Option, the NTP2 Payment Bond Amount shall be increased in an amount equal to the Option Price for the Xxxxxx Road Option. TxDOT will release the Payment Bond upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, and other deductions or damages owed by the DB Contractor in connection with this Agreement. 8.1.6 DB Contractor shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. 8.1.7 After Final Acceptance and subject to the requirements herein, DB Contractor may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.

Provision of Bonds. DB Contractor Developer shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB ContractorDeveloper’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor Developer shall deliver to TxDOT a performance bond in the initial amount of $3,000,000 25,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor Developer shall deliver to TxDOT a payment bond in the initial amount of $3,000,000 25,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to [Insert one hundred percent (100%) of the Price allocable to Construction Work (equal to the sum of the amounts set forth in rows 9-20 and 24 of ITP Form M-1.1).] (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. After Final Acceptance, TxDOT shall provide a written release of the NTP2 Performance Bond, Bond provided that (and upon such date after Final Acceptance that) all of the following conditions have been metoccurred: (a) DB Contractor Developer is not in default under this Agreement, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor Developer hereunder or under the Contract Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7. 8.1.4 Upon the issuance by TxDOT of NTP2, the amount of the Payment Bond shall increase to [Insert one hundred percent (100%) of the Price allocable to Construction Work (equal to the sum of the amounts set forth in rows 9-20 and 24 of ITP Form M-1.1).] (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase. TxDOT will release the Payment Bond upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor Developer shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, and other deductions or damages owed by the DB Contractor Developer in connection with this Agreement. 8.1.6 DB Contractor Developer shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor Developer obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. 8.1.7 After Final Acceptance and subject to the requirements herein, DB Contractor may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.

Provision of Bonds. DB Contractor shall provide payment, performance, retainage and warranty bonds to TxDOT securing DB Contractor’s obligations hereunder, and shall maintain such bonds in full force and effect as described below. 8.1.1 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a performance bond in the initial amount of $3,000,000 (the “NTP1 Performance Bond Amount”) and in the form attached hereto as Exhibit 9. 8.1.2 On or before the issuance by TxDOT of NTP1, DB Contractor shall deliver to TxDOT a payment bond in the initial amount of $3,000,000 (the “NTP1 Payment Bond Amount”) and in the form attached hereto as Exhibit 10. 8.1.3 Upon the issuance by TxDOT of NTP2, the amount of the Performance Bond shall increase to [one hundred percent (100%) of the Price allocable to Construction Work on the Project] (“NTP2 Performance Bond Amount”), in accordance with the Performance Bond rider included in Exhibit 9 effecting such increase. After Final AcceptanceAcceptance of the Project, TxDOT shall provide a written release of the Performance Bond with respect to the Project in the NTP2 Performance BondBond Amount, provided that (and upon such date after Final Acceptance of the Project that) all of the following conditions have been met: (a) DB Contractor is not in default under this AgreementDBA, (b) no event has occurred that with the giving of notice or passage of time would constitute a default by DB Contractor hereunder or under the Contract DBA Documents; and (c) TxDOT has received the Warranty Bond in accordance with Section 8.1.7Sections 8.1.7 and 8.1.8. 8.1.4 Upon the issuance by TxDOT of NTP2, the amount of the Payment Bond shall increase to one hundred percent (100%) of the Price allocable to Construction Work on the Project (“NTP2 Payment Bond Amount”) in accordance with the Payment Bond rider included in Exhibit 10 effecting such increase. TxDOT will release the Payment Bond with respect to the Project in the amount of the NTP2 Payment Bond Amount upon: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Payment Bond with respect to the Project have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed a preliminary notice of a claim against the Payment Bond, or (b) expiration of the statutory period for Subcontractors to file a claim against the Payment Bond if no claims have been filed. 8.1.5 On or before the issuance by TxDOT of NTP2, DB Contractor shall deliver to TxDOT a Retainage Bond in the form attached hereto as Exhibit 11. The Retainage Bond shall be in the amount of 4% of the Price, and is to be used as a guaranty for the protection of any claimants and TxDOT for overpayments, Liquidated Damages, and other deductions or damages owed by the DB Contractor in connection with this Agreement. 8.1.6 DB Contractor shall not commence or permit or suffer commencement of any Design Work or Construction Work until DB Contractor obtains from its Sureties and provides to TxDOT written confirmation that the Performance Bond and Payment Bond amounts have been increased to equal the NTP2 Performance Bond Amount and NTP2 Payment Bond Amount, respectively, in accordance with this Section 8. 8.1.7 After Final Acceptance and subject respect to the requirements hereinProject, DB Contractor may obtain a release of the Performance and Payment Bonds by providing a warranty bond which shall guarantee performance of the Development Work required to be performed during the Warranty period and which shall also constitute a payment bond guaranteeing payment to Persons performing such Development Work (“Warranty Bond”). The Warranty Bond shall be in an amount equal to 10% of the Price and shall be in the form attached hereto as Exhibit 12. The Warranty Bond shall be released upon expiration of the Warranty Term and: (a) receipt of (i) evidence satisfactory to TxDOT that all Persons eligible to file a claim against the Warranty Bond have been fully paid and (ii) unconditional releases of Liens and stop notices from all Subcontractors who filed preliminary notice of a claim against the Warranty Bond, and (b) expiration of the statutory period for Subcontractors to file a claim against the Warranty Bond if no claims have been filed. 8.1.8 Each bond required hereunder shall be issued by a Surety authorized to do business in the State with a rating of at least A minus (A-) or better and Class VIII or better by A.M. Best Company or rated in the top two categories by two nationally recognized rating agencies, or as otherwise approved by TxDOT in its sole discretion. If any bond previously provided becomes ineffective, or if the Surety that provided the bond no longer meets the requirements hereof, DB Contractor shall provide a replacement bond in the same form issued by a surety meeting the foregoing requirements, or other assurance satisfactory to TxDOT in its sole discretion. If the Price is increased in connection with a Change Order, TxDOT may, in its sole discretion, require a corresponding proportionate increase in the amount of each bond or alternative security.or