Common use of Risk of Loss or Damage; Maintenance and Repair of Work Clause in Contracts

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor shall be responsible for maintenance of the Work and the Site in accordance with Section 19 of the Technical Provisions. Upon Substantial Completion, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice); provided, however, that, upon the issuance of Maintenance NTP1 under the Capital Maintenance Agreement, the Maintenance Contractor shall be responsible for the Maintenance Services pursuant to the terms of the Maintenance Agreement Documents. DB Contractor shall be relieved from responsibility for maintenance of all other portions of the Project completed and accepted at Substantial Completion, except that DB Contractor shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB Contractor’s obligations, under the Capital Maintenance Agreement. 10.3.2 DB Contractor shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date that DB Contractor’s maintenance responsibility ends as set forth in Section 10.3.1, regardless of who has title thereto under the Contract Documents and regardless of the cause of the damage or injury, at no additional cost to TxDOT, except to the extent that TxDOT is responsible for such costs in accordance with the express terms of this Agreement. DB Contractor, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all other property within the Project ROW whether owned by DB Contractor, TxDOT or any other Person. 10.3.3 If insurance proceeds with respect to any loss or damage for which DB Contractor is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse DB Contractor as repair or replacement work is performed by DB Contractor to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to DB Contractor shall not be a condition precedent to DB Contractor’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor shall be responsible for maintenance of the Work and the Project Site in accordance with Section 19 of the Technical Provisions. Upon Substantial CompletionCompletion of (a) Section 1A or (b) Section 1B and Segment 2, as applicable, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period period) in accordance with Good Industry Practice); provided, provided however, that(i) effective as of the date on which the Project or any portion thereof is opened to traffic, upon DB Contractor shall be relieved of maintenance liability and responsibility for repair of damage caused by the issuance traveling public to the opened portions of the Project, and (ii) if TxDOT issues Maintenance NTP1 under the Capital Maintenance AgreementCMA, the Maintenance (a) DB Contractor shall be responsible for the Maintenance Services for Section 1A pursuant to the terms of the Capital Maintenance Agreement Documents, and (b) upon Substantial Completion of Section 1B and Segment 2, DB Contractor shall be responsible for the Maintenance Services of such Section 1B and Segment 2 pursuant to the terms of the Capital Maintenance Agreement. DB Contractor shall be relieved from responsibility for maintenance of all other portions each of the Project Section 1A and Section 1B and Segment 2 completed and accepted at each Substantial Completion, except that DB Contractor shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB Contractor’s obligations, under the Capital Maintenance Agreement. 10.3.2 DB Contractor shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date that DB Contractor’s maintenance responsibility ends as set forth in Section 10.3.1, regardless of who has title thereto under the Contract Documents and regardless of the cause of the damage or injury, at no additional cost to TxDOT, except to the extent that TxDOT is responsible for such costs in accordance with the express terms of this Agreement. DB Contractor, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all other property within the Project ROW whether owned by DB Contractor, TxDOT or any other Person. 10.3.3 If insurance proceeds with respect to any loss or damage for which DB Contractor is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse DB Contractor as repair or replacement work is performed by DB Contractor to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to DB Contractor shall not be a condition precedent to DB Contractor’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor shall be responsible for maintenance of the Work and the Project Site in accordance with Section 19 of the Technical Provisions. Upon Substantial Completion, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice); provided, however, that, upon the Completion and TxDOT’s issuance of Maintenance NTP1 under the Capital Maintenance AgreementNTP1, the Maintenance DB Contractor shall assume maintenance responsibility and be responsible for the Maintenance Services pursuant to the terms of the Comprehensive Maintenance Agreement Documents. DB Contractor shall be relieved from responsibility for maintenance of all other portions of the Project completed and accepted at Substantial Completion, except that DB Contractor shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB Contractor’s obligations, under the Capital Comprehensive Maintenance Agreement. 10.3.2 DB Contractor shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date that DB Contractor’s maintenance responsibility ends as set forth in Section 10.3.1, regardless of who has title thereto under the Contract Documents and regardless of the cause of the damage or injury, at no additional cost to TxDOT, except to the extent that TxDOT is responsible for such costs in accordance with the express terms of this Agreement. DB Contractor, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all other property within the Project ROW whether owned by DB Contractor, TxDOT or any other Person; provided however, DB Contractor shall not be responsible for rebuilding, repairing and restoring Project-related property that the Contract Documents provide will be maintained by third parties, unless such property is damaged due to negligent or willful acts of a DB Contractor-Related Entity. 10.3.3 If insurance proceeds with respect to any loss or damage for which DB Contractor is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse DB Contractor as repair or replacement work is performed by DB Contractor to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to DB Contractor shall not be a condition precedent to DB Contractor’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor shall be responsible for maintenance of the Work and the Project Site in accordance with Section 19 of the Technical ProvisionsProvisions until Final Acceptance unless TxDOT issues Maintenance NTP1 under the Comprehensive Maintenance Agreement. Upon If TxDOT issues Maintenance NTP1 under the Comprehensive Maintenance Agreement, upon Substantial Completion, TxDOT Maintenance Contractor shall assume the maintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice); provided, however, that, upon the issuance of Maintenance NTP1 under the Capital Maintenance Agreement, the Maintenance Contractor shall be responsible for the and provide Maintenance Services pursuant to the terms of the Comprehensive Maintenance Agreement Documents. In such case, DB Contractor shall be relieved from responsibility for maintenance of all other portions of the Project completed and accepted at Substantial Completion, except that DB Contractor shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, parties and (b) maintenance of mitigation sites sites, if any, in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions Provisions, and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB Contractor’s obligations, under the Capital Comprehensive Maintenance Agreement. 10.3.2 DB Contractor shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date that DB Contractor’s maintenance responsibility ends as set forth in Section 10.3.1, regardless of who has title thereto under the Contract DBA Documents and regardless of the cause of the damage or injury, at no additional cost to TxDOT, except to the extent that TxDOT is responsible for such costs in accordance with the express terms of this AgreementDBA. DB Contractor, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all other property within the Project ROW whether owned by DB Contractor, TxDOT or any other Person. 10.3.3 If insurance proceeds with respect to any loss or damage for which DB Contractor is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse DB Contractor as repair or replacement work is performed by DB Contractor to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to DB Contractor shall not be a condition precedent to DB Contractor’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor shall be responsible for maintenance of the Work and the Project Site in accordance with Section 19 of the Technical Provisions. Upon Substantial CompletionCompletion of each of Section 1A, Section 1B and Segment 2, as applicable, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period period) for such Section or Segment in accordance with Good Industry Practice); provided, provided however, that(i) effective as of the date on which the Project or any portion thereof is opened to traffic, upon DB Contractor shall be relieved of maintenance liability and responsibility for repair of damage caused by the issuance traveling public to the opened portions of the Project, and (ii) if TxDOT issues Maintenance NTP1 under the Capital Maintenance AgreementCMA, the Maintenance (a) DB Contractor shall be responsible for the Maintenance Services for Section 1A pursuant to the terms of the Capital Maintenance Agreement Documents, and (b) upon Substantial Completion of each of Section 1B and Segment 2, DB Contractor shall be responsible for the Maintenance Services of such Section 1B or Segment 2, as applicable, pursuant to the terms of the Capital Maintenance Agreement. DB Contractor shall be relieved from responsibility for maintenance of all other portions each of the Project Section 1A, Section 1B and Segment 2 completed and accepted at each Substantial Completion, except that DB Contractor shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB Contractor’s obligations, under the Capital Maintenance Agreement. 10.3.2 DB Contractor shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date that DB Contractor’s maintenance responsibility ends as set forth in Section 10.3.1, regardless of who has title thereto under the Contract Documents and regardless of the cause of the damage or injury, at no additional cost to TxDOT, except to the extent that TxDOT is responsible for such costs in accordance with the express terms of this Agreement. DB Contractor, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all other property within the Project ROW whether owned by DB Contractor, TxDOT or any other Person; provided however, that DB Contractor shall not be responsible for rebuilding, repairing and restoring Project-related property that the Contract Documents provide will be maintained by third parties, unless such property is damaged due to negligent or willful acts of a DB Contractor-Related Entity. 10.3.3 If insurance proceeds with respect to any loss or damage for which DB Contractor is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse DB Contractor as repair or replacement work is performed by DB Contractor to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to DB Contractor shall not be a condition precedent to DB Contractor’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor Developer shall be responsible for maintenance of the Work and the Project Site in accordance with Section 19 of the Technical Provisions. Upon Substantial CompletionCompletion of each Segment, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period period) in accordance with Good Industry Practice); provided, however, that(i) effective as of the date on which the Project or any portion thereof is opened to traffic, upon Developer shall be relieved of maintenance liability and responsibility for repair of damage caused by the issuance traveling public to the opened portions of Maintenance NTP1 under the Capital Maintenance AgreementProject, and (ii) the Maintenance Contractor shall be responsible for the Maintenance Services pursuant to the terms of the Maintenance Agreement Documents. DB Contractor Developer shall be relieved from responsibility for maintenance of all other portions of the Project completed and accepted at each Substantial Completion, except that DB Contractor Developer shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB ContractorDeveloper’s obligations, under the Capital Maintenance Agreement. 10.3.2 DB Contractor Developer shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date that DB ContractorDeveloper’s maintenance responsibility ends as set forth in Section 10.3.1, regardless of who has title thereto under the Contract Documents and regardless of the cause of the damage or injury, at no additional cost to TxDOT, except to the extent that TxDOT is responsible for such costs in accordance with the express terms of this Agreement. DB ContractorDeveloper, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all other property within the Project ROW whether owned by DB ContractorDeveloper, TxDOT or any other Person. 10.3.3 If insurance proceeds with respect to any loss or damage for which DB Contractor Developer is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse DB Contractor Developer as repair or replacement work is performed by DB Contractor Developer to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to DB Contractor Developer shall not be a condition precedent to DB ContractorDeveloper’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor shall be responsible for maintenance of the Construction Work and the Site in accordance with Section 19 of the Technical Provisions. Upon The Authority will be responsible for operation and maintenance of the Toll Lanes and the Authority Improvements from and after Substantial Completion, although DB Contractor will still be responsible for completing all aspects of the Work in order to achieve Final Acceptance of the Toll Lanes. Upon Final Acceptance, TxDOT shall assume the maintenance obligations (except for landscape maintenance during all other portions of the establishment period in accordance Project completed and accepted at such Final Acceptance, with Good Industry Practice); provided, however, that, upon the issuance of Maintenance NTP1 under the Capital Maintenance Agreement, the Maintenance Contractor shall be Authority remaining responsible for the Maintenance Services pursuant to the terms maintenance obligations of the Maintenance Agreement Documents. Toll Lanes and the Authority Improvements, and DB Contractor shall be relieved from responsibility for maintenance of all other such portions of the Project completed and accepted at Substantial CompletionProject; provided, except however, that DB Contractor shall be responsible for: (a) for maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB Contractor’s obligations, under the Capital Maintenance Agreement. 10.3.2 DB Contractor shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date that DB Contractor’s maintenance responsibility ends as set forth in Section 10.3.1, regardless of who has title thereto under the Contract DBA Documents and regardless of the cause of the damage or injury, at no additional cost to TxDOT, except to the extent that TxDOT is responsible for such costs in accordance with the express terms of this AgreementDBA. DB Contractor, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all other property within the Project ROW whether owned by DB Contractor, TxDOT or any other Person. 10.3.3 If insurance proceeds with respect to any loss or damage for which DB Contractor is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse DB Contractor as repair or replacement work is performed by DB Contractor to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to DB Contractor shall not be a condition precedent to DB Contractor’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.then

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor shall be responsible for maintenance of the Work and the Site with respect to each Location in accordance with Section 19 of the Technical Provisions. This maintenance obligation shall begin upon the commencement of Construction Work for each Location. Upon Substantial CompletionCompletion of each Location, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice); providedeach such Location, however, that, upon the issuance of Maintenance NTP1 under the Capital Maintenance Agreement, the Maintenance Contractor shall be responsible for the Maintenance Services pursuant to the terms of the Maintenance Agreement Documents. and DB Contractor shall be relieved from responsibility for maintenance of all other such portions of the Project completed and accepted at Substantial CompletionProject; provided, except however, that DB Contractor shall be responsible for: (a) for maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB Contractor’s obligations, under the Capital Maintenance Agreement. 10.3.2 DB Contractor shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date that DB Contractor’s maintenance responsibility ends as set forth in Section 10.3.1, regardless of who has title thereto under the Contract DBC Documents and regardless of the cause of the damage or injury, at no additional cost to TxDOT, except to the extent that TxDOT is responsible for such costs in accordance with the express terms of this AgreementDBC. DB Contractor, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all other property within the Project ROW at each Location, whether owned by DB Contractor, TxDOT or any other Person; provided, however, that this maintenance obligation shall only begin upon the commencement of Construction Work for a Location and shall continue until Substantial Completion of the Location. 10.3.3 If insurance proceeds with respect to any loss or damage for which DB Contractor is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse DB Contractor as repair or replacement work is performed by DB Contractor to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to DB Contractor shall not be a condition precedent to DB Contractor’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor shall be responsible for maintenance of the Construction Work and the Site in accordance with Section 19 of the Technical Provisions. Upon The Authority will be responsible for operation and maintenance of the Toll Lanes and the Authority Improvements from and after Substantial Completion, although DB Contractor will still be responsible for completing all aspects of the Work in order to achieve Final Acceptance of the Toll Lanes. Upon Final Acceptance, TxDOT shall assume the maintenance obligations (except for landscape maintenance during all other portions of the establishment period in accordance Project completed and accepted at such Final Acceptance, with Good Industry Practice); provided, however, that, upon the issuance of Maintenance NTP1 under the Capital Maintenance Agreement, the Maintenance Contractor shall be Authority remaining responsible for the Maintenance Services pursuant to the terms maintenance obligations of the Maintenance Agreement Documents. Toll Lanes and the Authority Improvements, and DB Contractor shall be relieved from responsibility for maintenance of all other such portions of the Project completed and accepted at Substantial CompletionProject; provided, except however, that DB Contractor shall be responsible for: (a) for maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB Contractor’s obligations, under the Capital Maintenance Agreement. 10.3.2 DB Contractor shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date that DB Contractor’s maintenance responsibility ends as set forth in Section 10.3.1, regardless of who has title thereto under the Contract DBA Documents and regardless of the cause of the damage or injury, at no additional cost to TxDOT, except to the extent that TxDOT is responsible for such costs in accordance with the express terms of this AgreementDBA. DB Contractor, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all other property within the Project ROW whether owned by DB Contractor, TxDOT or any other Person. 10.3.3 If insurance proceeds with respect to any loss or damage for which DB Contractor is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse DB Contractor as repair or replacement work is performed by DB Contractor to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to DB Contractor shall not be a condition precedent to DB Contractor’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor shall be responsible for maintenance of the Construction Work and the Site in accordance with Section 19 of the Technical Provisions. Upon Substantial CompletionFinal Acceptance of each Segment, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice); provided, however, that, upon the issuance of Maintenance NTP1 under the Capital Maintenance Agreement, the Maintenance Contractor shall be responsible for the Maintenance Services pursuant to the terms all portions of the Maintenance Agreement Documents. Project completed and accepted at such Final Acceptance, and DB Contractor shall be relieved from responsibility for maintenance of all other such portions of the Project completed and accepted at Substantial CompletionProject; provided, except however, that DB Contractor shall be responsible for: (a) for maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB Contractor’s obligations, under the Capital Maintenance Agreement. 10.3.2 DB Contractor shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date that DB Contractor’s maintenance responsibility ends as set forth in Section 10.3.1, regardless of who has title thereto under the Contract DBA Documents and regardless of the cause of the damage or injury, at no additional cost to TxDOT, except to the extent that TxDOT is responsible for such costs in accordance with the express terms of this AgreementDBA. DB Contractor, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all other property within the Project ROW whether owned by DB Contractor, TxDOT or any other Person. 10.3.3 If insurance proceeds with respect to any loss or damage for which DB Contractor is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse DB Contractor as repair or replacement work is performed by DB Contractor to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to DB Contractor shall not be a condition precedent to DB Contractor’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor shall be responsible for maintenance of the Work and the Project Site in accordance with Section 19 of the Technical Provisions. Upon Substantial CompletionCompletion of each of Section 1A, Section 1B and Segment 2, as applicable, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period period) for such Section or Segment in accordance with Good Industry Practice); provided, provided however, that(i) effective as of the date on which the Project or any portion thereof is opened to traffic, upon DB Contractor shall be relieved of maintenance liability and responsibility for repair of damage caused by the issuance traveling public to the opened portions of the Project, and (ii) if TxDOT issues Maintenance NTP1 under the Capital Maintenance AgreementCMA, the Maintenance (a) DB Contractor shall be responsible for the Maintenance Services for the first to reach Substantial Completion of either Section 1A or Section 1B pursuant to the terms of the Capital Maintenance Agreement Documents, and (b) upon Substantial Completion of each of (i) Section 1A or Section 1B, whichever is later, and (ii) Segment 2, DB Contractor shall be responsible for the Maintenance Services of such Section or Segment, as applicable, pursuant to the terms of the Capital Maintenance Agreement. DB Contractor shall be relieved from responsibility for maintenance of all other portions each of the Project Section 1A, Section 1B and Segment 2 completed and accepted at each Substantial Completion, except that DB Contractor shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB Contractor’s obligations, under the Capital Maintenance Agreement. 10.3.2 DB Contractor shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date that DB Contractor’s maintenance responsibility ends as set forth in Section 10.3.1, regardless of who has title thereto under the Contract Documents and regardless of the cause of the damage or injury, at no additional cost to TxDOT, except to the extent that TxDOT is responsible for such costs in accordance with the express terms of this Agreement. DB Contractor, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all other property within the Project ROW whether owned by DB Contractor, TxDOT or any other Person. 10.3.3 If insurance proceeds with respect to any loss or damage for which DB Contractor is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse DB Contractor as repair or replacement work is performed by DB Contractor to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to DB Contractor shall not be a condition precedent to DB Contractor’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor shall be responsible for maintenance of the Work and the Project Site in accordance with Section 19 of the Technical Provisions. Upon Substantial Completion, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice); provided, however, that, upon the Completion and TxDOT’s issuance of Maintenance NTP1 under the Capital Maintenance AgreementNTP1, the Maintenance DB Contractor shall assume maintenance responsibility and be responsible for the Maintenance Services pursuant to the terms of the Capital Maintenance Agreement Documents. DB Contractor shall be relieved from responsibility for maintenance of all other portions of the Project completed and accepted at Substantial Completion, except that DB Contractor shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB Contractor’s obligations, under the Capital Maintenance Agreement. 10.3.2 DB Contractor shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date that DB Contractor’s maintenance responsibility ends as set forth in Section 10.3.1, regardless of who has title thereto under the Contract Documents and regardless of the cause of the damage or injury, at no additional cost to TxDOT, except to the extent that TxDOT is responsible for such costs in accordance with the express terms of this Agreement. DB Contractor, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all other property within the Project ROW whether owned by DB Contractor, TxDOT or any other Person; provided however, DB Contractor shall not be responsible for rebuilding, repairing and restoring Project-related property that the Contract Documents provide will be maintained by third parties, unless such property is damaged due to negligent or willful acts of a DB Contractor-Related Entity. 10.3.3 If insurance proceeds with respect to any loss or damage for which DB Contractor is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse DB Contractor as repair or replacement work is performed by DB Contractor to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to DB Contractor shall not be a condition precedent to DB Contractor’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor shall be responsible for maintenance of the Work and the Project Site in accordance with Section 19 of the Technical Provisions. Upon Substantial CompletionCompletion of each of Section 1A, Section 1B and Segment 2, as applicable, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period period) for such Section or Segment in accordance with Good Industry Practice); provided, provided however, that(i) effective as of the date on which the Project or any portion thereof is opened to traffic, upon DB Contractor shall be relieved of maintenance liability and responsibility for repair of damage caused by the issuance traveling public to the opened portions of the Project, and (ii) if TxDOT issues Maintenance NTP1 under the Capital Maintenance AgreementCMA, the Maintenance (a) DB Contractor shall be responsible for the Maintenance Services for Section 1A pursuant to the terms of the Capital Maintenance Agreement Documents, and (b) upon Substantial Completion of each of Section 1B and Segment 2, DB Contractor shall be responsible for the Maintenance Services of such Section 1B or Segment 2, as applicable, pursuant to the terms of the Capital Maintenance Agreement. DB Contractor shall be relieved from responsibility for maintenance of all other portions each of the Project Section 1A, Section 1B and Segment 2 completed and accepted at each Substantial Completion, except that DB Contractor shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB Contractor’s obligations, under the Capital Maintenance Agreement. 10.3.2 DB Contractor shall maintain, rebuild, repair, restore or replace all Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date that DB Contractor’s maintenance responsibility ends as set forth in Section 10.3.1, regardless of who has title thereto under the Contract Documents and regardless of the cause of the damage or injury, at no additional cost to TxDOT, except to the extent that TxDOT is responsible for such costs in accordance with the express terms of this Agreement. DB Contractor, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all other property within the Project ROW whether owned by DB Contractor, TxDOT or any other Person; provided however, DB Contractor shall not be responsible for rebuilding, repairing and restoring Project-related property that the Contract Documents provide will be maintained by third parties, unless such property is damaged due to negligent or willful acts of a DB Contractor-Related Entity. 10.3.3 If insurance proceeds with respect to any loss or damage for which DB Contractor is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse DB Contractor as repair or replacement work is performed by DB Contractor to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however, that release of such proceeds to DB Contractor shall not be a condition precedent to DB Contractor’s obligation to perform such replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.