Renewal Work. 8.5.1 The Performance and Measurement Table and related provisions of the Technical Provisions set forth Performance Requirements for the Elements of the Project. Developer shall diligently perform Renewal Work as and when necessary to maintain compliance with such Performance Requirements. Developer also shall perform Renewal Work according to the other applicable terms of the Technical Provisions, including, when applicable, the Handback Requirements. Developer shall use the Renewal Work Schedule, as updated from time to time, as the principal guide for scheduling and performing Renewal Work.
8.5.2 Not later than 90 days after the end of each calendar year, Developer shall deliver to TxDOT and the Independent Engineer a written report of the Renewal Work performed in the immediately preceding calendar year. The report shall describe by location, Element as listed in the Renewal Work Schedule and other component the type of work performed, the dates of commencement and completion and the cost, as well as the total cost of all Renewal Work performed during the calendar year. During the period the Handback Requirements Reserve is in effect, the report also shall set forth the total draws from the Handback Requirements Reserve in the immediately preceding calendar year and the date, amount and use of each draw (including any use for Safety Compliance work).
Renewal Work. 8.5.1 The Performance Requirements for the Elements of the Facility are set forth in the Performance and Measurement Table Baseline and related provisions of the Technical Provisions. Developer shall diligently perform Renewal Work as and when necessary to maintain compliance with such Performance Requirements. Developer also shall perform Renewal Work according to the other applicable terms of the Technical Provisions, including, when applicable, the Handback Requirements. Developer shall use the Renewal Work Schedule, as updated from time to time, as the principal guide for scheduling and performing Renewal Work.
8.5.2 Not later than 90 days after the end of each calendar year, Developer shall deliver to TxDOT and the Independent Engineer a written report of the Renewal Work performed in the immediately preceding calendar year. The report shall describe by location, Element as listed in the Renewal Work Schedule and other component the type of work performed, the dates of commencement and completion and the cost, as well as the total cost of all Renewal Work performed during the calendar year. During the period the Handback Requirements Reserve is in effect, the report also shall set forth the total draws from the Handback Requirements Reserve in the immediately preceding calendar year and the date, amount and use of each draw (including any use for Safety Compliance work).
Renewal Work. Section 19 of the Technical Provisions sets forth Performance Requirements. Developer shall diligently perform Renewal Work as and when necessary to maintain compliance with such Performance Requirements. Developer also shall perform Renewal Work according to the other applicable terms of the Technical Provisions, including, when applicable, the Handback Requirements. Developer shall use the O&M Work Schedule, as updated from time to time, as the principal guide for scheduling and performing Renewal Work; but complying with the O&M Work Schedule shall not excuse or be a defense to any failure to comply with the Performance Requirements.
5.8.1 Section 19 of the Technical Provisions details the requirements for the O&M Work Schedule. Not later than 90 days before the Phase 1 Substantial Completion Date, Developer shall prepare and submit to TxDOT for review and comment an O&M Work Schedule.
5.8.2 Developer shall estimate the Useful Life of each Element within the O&M Work Schedule based on (a) Developer’s reasonable expectations respecting the manner of use, levels and mix of traffic, environmental conditions, and wear and tear and (b) the assumption that, when subject to Routine Maintenance, the Element will comply throughout its Useful Life with each applicable Performance Requirement. Developer shall estimate the Residual Life of each Element within the O&M Work Schedule based on its Age and whether (i) the Element has performed in service in the manner and with the levels and mix of traffic and wear and tear originally expected by Developer (ii) Developer has performed Routine Maintenance of the Element, and (iii) the Element has complied throughout its Age with each applicable Performance Requirement.
5.8.3 Not later than 90 days before the beginning of the second full calendar year after the Phase 1 Substantial Completion Date and each calendar year thereafter, Developer shall prepare and submit to TxDOT for review and comment either (a) a revised O&M Work Schedule or (b) the then-existing O&M Work Schedule accompanied by a statement that Developer intends to continue in effect the then-existing O&M Work Schedule without revision (in either case, referred to as the “Updated O&M Work Schedule”). Developer shall make revisions as reasonably indicated by experience and then-existing conditions respecting the O&M Limits, the factors described in Section 19 of the Technical Provisions, changes in estimated costs of Renewal Work, changes in technology, chang...
Renewal Work. 4.1.16.1 DB Contractor shall diligently perform and complete Renewal Work when required in accordance with Section 9.7.7 of the CMA Specification.
4.1.16.2 DB Contractor shall complete all Renewal Work required under this Section 4.1.16:
(a) prior to the expiration of the Maintenance Term; or
(b) if the Capital Maintenance Contract is terminated for any reason prior to the expiration of the Maintenance Term, within 90 days after the effective date of termination. If DB Contractor, despite diligent efforts, is unable to complete such Renewal Work prior to such period or TxDOT elects, at its discretion, to perform such Renewal Work, then in lieu of DB Contractor’s completion of such Renewal Work, DB Contractor shall reimburse TxDOT, within 10 days of delivery of an invoice therefor, for TxDOT’s Recoverable Costs of completing such Renewal Work. In lieu of reimbursement, TxDOT may elect, in its discretion, to deduct such amounts from any amounts payable to DB Contractor under this Capital Maintenance Contract.
Renewal Work. 5.5.1 Developer shall diligently perform Renewal Work as and when necessary to maintain compliance with such performance measures and standards. Developer also shall perform Renewal Work according to the other applicable terms of the Technical Volumes, including, when applicable, the Handback Requirements. Developer shall use the Renewal Work Schedule, as updated from time to time, for scheduling and performing Renewal Work.
5.5.2 No later than [90] days after the end of each Calendar Year, Developer shall deliver to the Department a written report of the Renewal Work performed as required under [Section of Division __]. The report also shall set forth the total draws and deposits made from and to the Renewal Work Reserve in the immediately preceding Calendar Year and the date, amount and use of each draw (including any use for Compliance Work or Handback Requirements work).
5.5.3 If at any time the Department determines that Developer has failed to complete any part of the Renewal Work within the time required under the Contract Documents, the Department shall give written notice thereof to Developer. If Developer has failed to complete the Renewal Work within [30] days after the Department delivers such notice, then the Department shall have the right, but not the obligation, to perform and complete such Renewal Work at the expense and for the account of Developer, and to make draws from the Renewal Work Reserve to pay the costs of such action, subject to the Lenders’ rights to cure such failure and the Lenders’ rights in and to the Renewal Work Reserve established in the Financing Documents. If the amounts in the Renewal Work Reserve are insufficient or the Department is unable to make draws from the Renewal Work Reserve, the Department shall have the right to use and apply payments otherwise payable to Developer by the Department under this Agreement to pay the costs of such action. The foregoing remedy is in addition to any other remedies available to the Department under the Contract Documents on account of such failure, including the assessment of Noncompliance Points, and its right to intervene immediately and without notice to address Safety Compliance.
5.5.4 Developer may, by notice to the Department, object to any demand by the Department under Section 5.5.3 on the grounds that Developer has completed the Renewal Work specified in the Department’s demand or that such Renewal Work is not then required, which notice shall give details of the groun...
Renewal Work. 8.5.1 The Performance Requirements for the Elements of the Facility are set forth in the Performance and Measurement Table Baseline and related provisions of the Technical Provisions. Developer shall diligently perform Renewal Work as and when necessary to maintain compliance with such Performance Requirements. Developer also shall perform Renewal Work according to the other applicable terms of the Technical Provisions, including, when applicable, the Handback Requirements. Developer shall use the Renewal Work Schedule, as updated from time to time, as the principal guide for scheduling and performing Renewal Work.
8.5.2 Not later than 90 days after the end of each calendar year, Developer shall deliver to TxDOT and the Independent Engineer a written report of the Renewal Work performed in the immediately preceding calendar year. The report shall describe by location,
Renewal Work. 8.5.1 The Performance and Measurement Table and related provisions of the Technical Provisions set forth Performance Requirements for the Elements of the Project. Developer shall diligently perform Renewal Work as and when necessary to maintain compliance with such Performance Requirements. Developer also shall perform Renewal Work according to the other applicable terms of the Technical Provisions, including, when applicable, the Handback Requirements. Developer shall use the Renewal Work Schedule, as updated from time to time, as the principal guide for scheduling and performing Renewal Work.
8.5.2 Not later than 90 days after the end of each calendar year, Developer shall deliver to TxDOT and the Independent Engineer a written report of the Renewal Work performed in the immediately preceding calendar year. The report shall describe by location, Element as listed in the Renewal Work Schedule and other component the type of work performed, the dates of
Renewal Work. 5.7.1 Section 19 of the Technical Provisions sets forth Performance Requirements for the Elements. Developer shall diligently perform Renewal Work as and when necessary to maintain compliance with such Performance Requirements and restore the Useful Life of each Element at the end of its Residual Life. Developer also shall perform Renewal Work according to the other applicable terms of the Technical Provisions, including, when applicable, the Handback Requirements. Developer shall use the O&M Work Schedule, as updated from time to time, as the principal guide for scheduling and performing Renewal Work; but complying with the O&M Work Schedule shall not excuse or be a defense to any failure to comply with the Performance Requirements.
Renewal Work. 4.1.16.1 DB Contractor shall diligently perform and complete Renewal Work when required by the Renewal Work Submittal and updates thereto approved by TxDOT. In addition, DB Contractor shall diligently perform and complete Renewal Work when required in accordance with Section 50.7.6 of CMA Standard Specification Item 9.
4.1.16.2 DB Contractor shall complete all Renewal Work required under this Section 4.1.16 according to the schedule in the approved Renewal Work Submittal and approved updates thereto, or at any earlier time needed to comply with the CMC Documents, and in any event:
(a) prior to the expiration of the Maintenance Term; or
(b) if the Capital Maintenance Contract is terminated for any reason prior to the expiration of the Maintenance Term, within 90 days after the effective date of termination. If DB Contractor, despite diligent efforts, is unable to complete such Renewal Work prior to such period or TxDOT elects, at its discretion, to perform such Renewal Work, then in lieu of DB Contractor’s completion of such Renewal Work, DB Contractor shall reimburse TxDOT, within ten days of delivery of an invoice therefor, for TxDOT’s Recoverable Costs of completing such Renewal Work. In lieu of reimbursement, TxDOT may elect, in its discretion, to deduct such amounts from any amounts payable to DB Contractor under this Capital Maintenance Contract.
Renewal Work. BREP will provide the Renewal Work for which it is responsible as set forth in Exhibit “D” attached hereto at its sole cost and expense. BREP will give Lessor at least thirty (30) days’ prior notice of its commencement of any Renewal Work.
