Common use of Second Maintenance Term Clause in Contracts

Second Maintenance Term. 4.2.1 TxDOT, in its sole and absolute discretion, shall have the option to extend the term of this Comprehensive Maintenance Agreement for an additional five years (the “Second Maintenance Term”); provided that TxDOT shall not be entitled to exercise the extension option for the Second Maintenance Term if it did not issue Maintenance NTP1. The Second Maintenance Term shall commence as of the expiration of the Initial Maintenance Term and shall continue for a period of five years, unless terminated earlier in accordance with the terms hereof. 4.2.2 TxDOT may elect to exercise its option rights for a Second Maintenance Term by issuing Maintenance NTP2 to Maintenance Contractor on or before 90 Days prior to the scheduled expiration of the Initial Maintenance Term. If TxDOT does not deliver Maintenance NTP2 to Maintenance Contractor by such date, TxDOT shall be deemed to have elected to terminate this Comprehensive Maintenance Agreement, unless the Parties otherwise agree in writing. TxDOT shall have no liability to Maintenance Contractor for a failure to issue Maintenance NTP2.

Second Maintenance Term. 4.2.1 If TxDOT elects to issue Maintenance NTP1 and exercise its option rights for an Initial Maintenance Term TxDOT, in its sole and absolute discretion, shall have the option to extend the term of this Comprehensive Maintenance Agreement CMA for an additional five years (the “Second Maintenance Term”); provided that TxDOT shall not be entitled to exercise the extension option for the Second Maintenance Term if it did not issue Maintenance NTP1. The Second Maintenance Term shall commence as of the expiration of the Initial Maintenance Term and shall continue for a period of five years, unless terminated earlier in accordance with the terms hereof. 4.2.2 If TxDOT may elect elects to exercise its option rights for a Second Maintenance Term by issuing Term, TxDOT shall issue Maintenance NTP2 to Maintenance Contractor on or before 90 Days prior to the scheduled expiration of the Initial Maintenance Term. If TxDOT does not deliver Maintenance NTP2 to Maintenance Contractor by such date, TxDOT shall not be deemed entitled to have elected to terminate this Comprehensive exercise the extension option for the Second Maintenance Agreement, unless the Parties otherwise agree in writingTerm if it did not issue Maintenance NTP1. TxDOT shall have no liability to Maintenance Contractor for a failure to issue Maintenance NTP2.