Common use of Transition of Operations and Maintenance Responsibilities Clause in Contracts

Transition of Operations and Maintenance Responsibilities. 8.3.1 TxDOT will be responsible for operation and maintenance for each Section until the respective Operating Commencement Date for each such Section. During the period TxDOT retains operation and maintenance responsibility for any portion of the Project, TxDOT shall maintain such portion in accordance with current TxDOT maintenance standards and conduct traffic management activities on such portion in accordance with TxDOT’s standard traffic management practices and procedures. 8.3.2 TxDOT shall use reasonable care during its operation and maintenance activities to minimize interference with Developer’s Construction Work; and Developer shall use reasonable care during its Construction Work to minimize interference with TxDOT’s operation and maintenance activities. So long as TxDOT uses reasonable care, no interference shall entitle Developer to any Claim, Relief Event or Compensation Event. So long as Developer uses reasonable care, no interference shall entitle TxDOT to any Claim. 8.3.3 Upon the Operating Commencement Date for each Section, Developer shall assume full responsibility for the O&M Work for the Section. 8.3.4 [RESERVED] 8.3.5 The Parties shall carry out transition of operation and maintenance responsibilities in accordance with the Traffic Management Plan and other applicable portions of the Project Management Plan.

Transition of Operations and Maintenance Responsibilities. 8.3.1 TxDOT will be responsible for operation and maintenance for each Section the Facility until the respective Operating Commencement Date for each such SectionDate. During the period TxDOT retains operation and maintenance responsibility for any portion of the ProjectFacility, TxDOT shall maintain such portion the Facility in accordance with current TxDOT maintenance standards and conduct traffic management activities on such portion in accordance with TxDOT’s standard traffic management practices and procedures. 8.3.2 TxDOT shall use reasonable care during its operation and maintenance activities to minimize interference with Developer’s Construction Work; and Developer shall use reasonable care during its Construction Work to minimize interference with TxDOT’s operation and maintenance activities. So long as TxDOT uses reasonable care, no interference shall entitle Developer to any Claim, Relief Event or Compensation Event. So long as Developer uses reasonable care, no interference shall entitle TxDOT to any Claim. 8.3.3 Upon the Operating Commencement Date for each SectionDate, Developer shall assume full responsibility for the O&M Work operation and maintenance for the SectionFacility and shall keep all General Purpose Lanes and the Frontage Roads open for normal and continuous operations and use by the traveling public, except to the extent provided in the TxDOT-approved Traffic Management Plan. 8.3.4 [RESERVED] 8.3.5 The Parties shall carry out transition of operation and maintenance responsibilities in accordance with the Traffic Management Plan and other applicable portions of the Project Facility Management Plan.

Transition of Operations and Maintenance Responsibilities. 8.3.1 TxDOT will be responsible for operation and maintenance for each Section until the respective Operating Commencement Date for each such Section. During the period TxDOT retains operation and maintenance responsibility for any portion of the Project, TxDOT shall maintain such portion in accordance with current TxDOT maintenance standards and conduct traffic management activities on such portion in accordance with TxDOT’s standard traffic management practices and procedures. 8.3.2 TxDOT shall use reasonable care during its operation and maintenance activities to minimize interference with Developer’s Construction Work; and Developer shall use reasonable care during its Construction Work to minimize interference with TxDOT’s operation and maintenance activities. So long as TxDOT uses reasonable care, no interference shall entitle Developer to any Claim, Relief Event or Compensation Event. So long as Developer uses reasonable care, no interference shall entitle TxDOT to any Claim. 8.3.3 Upon the Operating Commencement Date for each Section, Developer shall assume full responsibility for the operation and maintenancethe O&M Work for the Section. 8.3.4 [RESERVED] 8.3.5 The Parties shall carry out transition of operation and maintenance responsibilities in accordance with the Traffic Management Plan and other applicable portions of the Project Management Plan.