Renewal Work under Handback Requirements. Developer shall diligently perform and complete all Renewal Work required to be performed and completed prior to reversion of the Facility to TxDOT, based on the required adjustments and changes to the Renewal Work Schedule resulting from the inspections and analysis under the Handback Requirements. Developer shall complete all such work: 8.10.3.1 Prior to the Termination Date, if transfer of the Facility is to occur at the expiration of the full Term; or 8.10.3.2 As close as possible to the Early Termination Date. If Developer, despite diligent efforts, is unable to complete such work prior to the Early Termination Date, then in lieu of completion of such work any applicable measure of Termination Compensation based on (a) Fair Market Value shall take into consideration such non-completion as provided in Section B.4(e) of Exhibit 20 and (b) other than Fair Market Value shall be adjusted as provided in Section B.3(f) and comparable provisions of Exhibit 20.
Appears in 13 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Renewal Work under Handback Requirements. Developer shall diligently perform and complete all Renewal Work required to be performed and completed prior to reversion of the Facility to TxDOT, based on the required adjustments and changes to the Renewal Work Schedule resulting from the inspections and analysis under the Handback Requirements. Developer shall complete all such work:
8.10.3.1 Prior to the Termination Date, if transfer of the Facility is to occur at the expiration of the full Term; or
8.10.3.2 As close as possible to the Early Termination Date. If Developer, despite diligent efforts, is unable to complete such work prior to the Early Termination Date, then in lieu of completion of such work any applicable measure of Termination Compensation based on (a) Fair Market Value shall take into consideration such non-completion as provided in Section B.4(eB.5(e) of Exhibit 20 and (b) other than Fair Market Value shall be adjusted as provided in Section B.3(fB.4(f) and comparable provisions of Exhibit 20.
Appears in 1 contract
Samples: Facility Agreement