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 Developer shall be responsible for maintenance of the Work and the Project Site in accordance with Section 19 of the Technical Provisions. Upon Substantial Completion 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, (i) effective as of the date on which the Project or any portion thereof is opened to traffic, Developer shall be relieved of maintenance liability and responsibility for repair of damage caused by the traveling public to the opened portions of the Project, and (ii) the Maintenance Contractor shall be responsible for the Maintenance Services pursuant to the terms of the Maintenance Agreement Documents. Developer shall be relieved from responsibility for maintenance of all other portions of the Project completed and accepted at each Substantial Completion, except that 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 Developer’s obligations, under the Maintenance Agreement.

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 Developer 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 of each Segment(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) in accordance with Good Industry Practice; provided, provided however, (i) effective as of the date on which the Project or any portion thereof is opened to traffic, Developer DB Contractor shall be relieved of maintenance liability and responsibility for repair of damage caused by the traveling public to the opened portions of the Project, and (ii) if TxDOT issues Maintenance NTP1 under the Maintenance CMA, (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. Developer 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 Developer 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 DeveloperDB Contractor’s obligations, under the Capital Maintenance Agreement.