Common use of Risk of Loss or Damage; Maintenance During Construction Period Clause in Contracts

Risk of Loss or Damage; Maintenance During Construction Period. 3.20.1 Commencing upon issuance of NTP2, Developer shall be responsible for maintenance of the Phase 1 D&C Work and the Project Site other than the Existing Harbor Bridge in accordance with Section 19 of the Technical Provisions. Commencing upon issuance of NTP3, Developer shall be responsible for maintenance of the Phase 2 D&C Work and the Existing Harbor Bridge. Upon Substantial Completion of Phase 1 of the Project, Developer shall be responsible for the O&M After Substantial Completion for Phase 1 pursuant to the terms of the Contract Documents. Developer shall be relieved from responsibility for maintenance of Phase 2 of the Project relating to the D&C Work completed and accepted at Substantial Completion of Phase 2 of the Project, 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 3.20.1 shall not apply to, or limit Developer’s obligations, under Section 5 of this Agreement. 3.20.2 Developer shall maintain, rebuild, repair, restore or replace all D&C 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 Developer’s maintenance responsibility ends as set forth in Section 3.20.1, 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. Developer, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all Project- related property and any other property controlled by any Developer-Related Entity within the Project ROW whether owned by Developer, TxDOT or any other Person; provided however, Developer 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 Developer-Related Entity. 3.20.3 If insurance proceeds with respect to any loss or damage for which Developer is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse Developer as repair or replacement work is performed by Developer to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however that release of such proceeds to Developer shall not be a condition precedent to Developer’s obligation to perform such

Risk of Loss or Damage; Maintenance During Construction Period. 3.20.1 Commencing upon issuance of NTP2, 3.19.1 Developer shall be responsible for maintenance of the Phase 1 D&C Work and the Project Site other than the Existing Harbor Bridge in accordance with Section 19 of the Technical Provisions. Commencing upon issuance of NTP3, Developer shall be responsible for maintenance of the Phase 2 D&C Work and the Existing Harbor Bridge. Upon Substantial Completion of Phase 1 of Completion, the Project, Developer shall be responsible for the O&M After Substantial Completion for Phase 1 Work pursuant to the terms of the Contract Documents. Developer shall be relieved from responsibility for maintenance of Phase 2 all other portions of the Project relating to the D&C Work completed and accepted at Substantial Completion of Phase 2 of the ProjectCompletion, 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 3.20.1 3.19.1 shall not apply to, or limit Developer’s obligations, under Section 5 of this Agreement. 3.20.2 3.19.2 Developer shall maintain, rebuild, repair, restore or replace all D&C 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 Developer’s maintenance responsibility ends as set forth in Section 3.20.13.19.1, 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. Developer, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all Project- Project-related property and any other property controlled by any Developer-Related Entity within the Project ROW whether owned by Developer, TxDOT or any other Person; provided however, Developer 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 Developer-Related Entity. 3.20.3 3.19.3 If insurance proceeds with respect to any loss or damage for which Developer is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse Developer as repair or replacement work is performed by Developer to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however that release of such proceeds to Developer shall not be a condition precedent to Developer’s obligation to perform suchsuch 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 During Construction Period. 3.20.1 Commencing upon issuance of NTP2, 10.3.1 Developer shall be responsible for maintenance of the Phase 1 D&C Work and the Project Site other than the Existing Harbor Bridge in accordance with Section 19 of the Technical Provisions. Commencing upon issuance of NTP3, Developer shall be responsible for maintenance of the Phase 2 D&C Work and the Existing Harbor Bridge. Upon Substantial Completion of Phase 1 of Completion, TxDOT shall assume the Projectmaintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice); provided however, Developer that, if TxDOT issues Maintenance NTP1 under the CMA, the Maintenance Contractor shall be responsible for the O&M After Substantial Completion for Phase 1 Maintenance Services pursuant to the terms of the Contract CMA Documents. Developer shall be relieved from responsibility for maintenance of Phase 2 all other portions of the Project relating to the D&C Work completed and accepted at Substantial Completion of Phase 2 of the ProjectCompletion, 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 3.20.1 10.3.1 shall not apply to, or limit Developer’s obligations, under Section 5 of this Agreementthe CMA. 3.20.2 10.3.2 Developer shall maintain, rebuild, repair, restore or replace all D&C 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 Developer’s maintenance responsibility ends as set forth in Section 3.20.110.3.1, 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. Developer, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all Project- related property and any other property controlled by any Developer-Related Entity within the Project ROW whether owned by Developer, TxDOT or any other Person; provided however, Developer 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 Developer-Related Entity. 3.20.3 10.3.3 If insurance proceeds with respect to any loss or damage for which Developer is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse Developer as repair or replacement work is performed by Developer to the extent that TxDOT has not previously paid for such repair or replacement work; provided, provided however that release of such proceeds to Developer shall not be a condition precedent to Developer’s obligation to perform suchsuch 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 During Construction Period. 3.20.1 Commencing upon issuance of NTP2, Developer shall be responsible for maintenance of the Phase 1 D&C Work and the Project Site other than the Existing Harbor Bridge in accordance with Section 19 of the Technical Provisions. Commencing upon issuance of NTP3, Developer shall be responsible for maintenance of the Phase 2 D&C Work and the Existing Harbor Bridge. Upon Substantial Completion of Phase 1 of the Project, Developer shall be responsible for the O&M After Substantial Completion for Phase 1 pursuant to the terms of the Contract Documents. Developer shall be relieved from responsibility for maintenance of Phase 2 of the Project relating to the D&C Work completed and accepted at Substantial Completion of Phase 2 of the Project, 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 3.20.1 shall not apply to, or limit Developer’s obligations, under Section 5 of this Agreement., 3.20.2 Developer shall maintain, rebuild, repair, restore or replace all D&C 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 Developer’s maintenance responsibility ends as set forth in Section 3.20.1, 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. Developer, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all Project- related property and any other property controlled by any Developer-Related Entity within the Project ROW whether owned by Developer, TxDOT or any other Person; provided however, Developer 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 Developer-Related Entity. 3.20.3 If insurance proceeds with respect to any loss or damage for which Developer is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse Developer as repair or replacement work is performed by Developer to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however that release of such proceeds to Developer shall not be a condition precedent to Developer’s obligation to perform suchsuch 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 During Construction Period. 3.20.1 Commencing upon issuance of NTP2, 10.3.1 Developer shall be responsible for maintenance of the Phase 1 D&C Work and the Project Site other than the Existing Harbor Bridge in accordance with Section 19 of the Technical Provisions. Commencing upon issuance of NTP3, Developer shall be responsible for maintenance of the Phase 2 D&C Work and the Existing Harbor Bridge. Upon Substantial Completion of Phase 1 of Completion, TxDOT shall assume the Projectmaintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice); provided however, Developer that, if TxDOT issues Maintenance NTP1 under the CMA, the Maintenance Contractor shall be responsible for the O&M After Substantial Completion for Phase 1 Maintenance Services pursuant to the terms of the Contract CMA Documents. Developer shall be relieved from responsibility for maintenance of Phase 2 all other portions of the Project relating to the D&C Work completed and accepted at Substantial Completion of Phase 2 of the ProjectCompletion, 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 3.20.1 10.3.1 shall not apply to, or limit Developer’s obligations, under Section 5 of this Agreementthe CMA. 3.20.2 10.3.2 Developer shall maintain, rebuild, repair, restore or replace all D&C 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 Developer’s maintenance responsibility ends as set forth in Section 3.20.1, 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. Developer, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all Project- related property and any other property controlled by any Developer-Related Entity within the Project ROW whether owned by Developer, TxDOT or any other Person; provided however, Developer 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 Developer-Related Entity.that 3.20.3 10.3.3 If insurance proceeds with respect to any loss or damage for which Developer is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse Developer as repair or replacement work is performed by Developer to the extent that TxDOT has not previously paid for such repair or replacement work; provided, provided however that release of such proceeds to Developer shall not be a condition precedent to Developer’s obligation to perform suchsuch 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 During Construction Period. 3.20.1 Commencing upon issuance of NTP2, 3.19.1 Developer shall be responsible for maintenance of the Phase 1 D&C Work and the Project Site other than the Existing Harbor Bridge in accordance with Section 19 of the Technical Provisions. Commencing upon issuance of NTP3, Developer shall be responsible for maintenance of the Phase 2 D&C Work and the Existing Harbor Bridge. Upon Substantial Completion of Phase 1 of the ProjectCompletion, Developer shall be responsible for the O&M After Substantial Completion for Phase 1 Work pursuant to the terms of the Contract Documents. Developer shall be relieved from responsibility for maintenance of Phase 2 all other portions of the Project relating to the D&C Work completed and accepted at Substantial Completion of Phase 2 of the ProjectCompletion, 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 3.20.1 3.19.1 shall not apply to, or limit Developer’s obligations, under Section 5 of this Agreement. 3.20.2 3.19.2 Developer shall maintain, rebuild, repair, restore or replace all D&C 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 Developer’s maintenance responsibility ends as set forth in Section 3.20.13.19.1, 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. Developer, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all Project- Project-related property and any other property controlled by any Developer-Related Entity within the Project ROW whether owned by Developer, TxDOT or any other Person; provided however, Developer 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 Developer-Related Entity. 3.20.3 3.19.3 If insurance proceeds with respect to any loss or damage for which Developer is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse Developer as repair or replacement work is performed by Developer to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however that release of such proceeds to Developer shall not be a condition precedent to Developer’s obligation to perform suchsuch 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 During Construction Period. 3.20.1 Commencing upon issuance of NTP2, 3.19.1 Developer shall be responsible for maintenance of the Phase 1 D&C Work and the Project Site other than the Existing Harbor Bridge in accordance with Section 19 of the Technical Provisions. Commencing upon issuance of NTP3, Developer shall be responsible for maintenance of the Phase 2 D&C Work and the Existing Harbor Bridge. Upon Substantial Completion of Phase 1 of Completion, the Project, Developer shall be responsible for the O&M After Substantial Completion for Phase 1 Work pursuant to the terms of the Contract Documents. Developer shall be relieved from responsibility for maintenance of Phase 2 all other portions of the Project relating to the D&C Work completed and accepted at Substantial Completion of Phase 2 of the ProjectCompletion, 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 3.20.1 3.19.1 shall not apply to, or limit Developer’s obligations, under Section 5 of this Agreement. 3.20.2 3.19.2 Developer shall maintain, rebuild, repair, restore or replace all D&C 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 Developer’s maintenance responsibility ends as set forth in Section 3.20.13.19.1, 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. Developer, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all Project- related property and any other property controlled by any Developer-Related Entity within the Project ROW whether owned by Developer, TxDOT or any other Person; provided however, Developer 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 Developer-Related Entity. 3.20.3 3.19.3 If insurance proceeds with respect to any loss or damage for which Developer is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse Developer as repair or replacement work is performed by Developer to the extent that TxDOT has not previously paid for such repair or replacement work; provided, however that release of such proceeds to Developer shall not be a condition precedent to Developer’s obligation to perform suchsuch 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 During Construction Period. 3.20.1 Commencing upon issuance of NTP2, 10.3.1 Developer shall be responsible for maintenance of the Phase 1 D&C Work and the Project Site other than the Existing Harbor Bridge in accordance with Section 19 of the Technical Provisions. Commencing upon issuance of NTP3, Developer shall be responsible for maintenance of the Phase 2 D&C Work and the Existing Harbor Bridge. Upon Substantial Completion of Phase 1 of Completion, TxDOT shall assume the Projectmaintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice); provided however, Developer that, if TxDOT issues Maintenance NTP1 under the CMA, the Maintenance Contractor shall be responsible for the O&M After Substantial Completion for Phase 1 Maintenance Services pursuant to the terms of the Contract CMA Documents. Developer shall be relieved from responsibility for maintenance of Phase 2 all other portions of the Project relating to the D&C Work completed and accepted at Substantial Completion of Phase 2 of the ProjectCompletion, 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 3.20.1 Section 10.3.1 shall not apply to, or limit Developer’s obligations, under Section 5 of this Agreementthe CMA. 3.20.2 10.3.2 Developer shall maintain, rebuild, repair, restore or replace all D&C 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 Developer’s maintenance responsibility ends as set forth in Section 3.20.1, 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. Developer, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all Project- related property and any other property controlled by any Developer-Related Entity within the Project ROW whether owned by Developer, TxDOT or any other Person; provided however, Developer 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 Developer-Related Entity.that 3.20.3 10.3.3 If insurance proceeds with respect to any loss or damage for which Developer is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse Developer as repair or replacement work is performed by Developer to the extent that TxDOT has not previously paid for such repair or replacement work; provided, provided however that release of such proceeds to Developer shall not be a condition precedent to Developer’s obligation to perform suchsuch 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 During Construction Period. 3.20.1 Commencing upon issuance of NTP2, 10.3.1 Developer shall be responsible for maintenance of the Phase 1 D&C Work and the Project Site other than the Existing Harbor Bridge in accordance with Section 19 of the Technical Provisions. Commencing upon issuance of NTP3, Developer shall be responsible for maintenance of the Phase 2 D&C Work and the Existing Harbor Bridge. Upon Substantial Completion of Phase 1 of Completion, TxDOT shall assume the Projectmaintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice); provided however, Developer that, if TxDOT issues Maintenance NTP1 under the CMA, the Maintenance Contractor shall be responsible for the O&M After Substantial Completion for Phase 1 Maintenance Services pursuant to the terms of the Contract CMA Documents. Developer shall be relieved from responsibility for maintenance of Phase 2 all other portions of the Project relating to the D&C Work completed and accepted at Substantial Completion of Phase 2 of the ProjectCompletion, 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 3.20.1 Section 10.3.1 shall not apply to, or limit Developer’s obligations, under Section 5 of this Agreementthe CMA. 3.20.2 10.3.2 Developer shall maintain, rebuild, repair, restore or replace all D&C 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 Developer’s maintenance responsibility ends as set forth in Section 3.20.110.3.1, 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. Developer, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all Project- related property and any other property controlled by any Developer-Related Entity within the Project ROW whether owned by Developer, TxDOT or any other Person; provided however, Developer 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 Developer-Related Entity. 3.20.3 10.3.3 If insurance proceeds with respect to any loss or damage for which Developer is responsible for the rebuilding, repair or restoration thereof are paid to TxDOT, then TxDOT shall arrange for such proceeds to reimburse Developer as repair or replacement work is performed by Developer to the extent that TxDOT has not previously paid for such repair or replacement work; provided, provided however that release of such proceeds to Developer shall not be a condition precedent to Developer’s obligation to perform suchsuch replacement or repair work or indicate that such replacement or repair work has been approved and accepted by TxDOT.