Use of and Change in Key Contractors. Developer shall retain, employ and utilize the firms and organizations specifically listed in the Facility Management Plan to fill the corresponding Key Contractor positions listed therein. Developer shall not terminate any Key Contract with a Key Contractor, or permit or suffer any substitution or replacement (by way of assignment of the Key Contract, transfer to another of any material portion of the scope of work, or otherwise) of such Key Contractor, except in the case of material default by the Key Contractor or with TxDOT’s prior written approval in its good faith discretion. For Key Contractors not known as of the Effective Date, Developer’s selection thereof shall be subject to TxDOT’s prior written approval in TxDOT’s good faith discretion.
Use of and Change in Key Contractors. (a) Developer shall retain, employ and utilize the firms and organizations specifically listed in the Project Management Plan to fill the corresponding Key Contractor positions listed therein. For Key Contractors not known as of the Effective Date, Developer’s selection thereof shall be subject to TxDOT’s prior approval.
(b) Developer shall not terminate any Contract with a Key Contractor, or permit or suffer any substitution or replacement of a Key Contractor, unless the Key Contractor (i) is no longer in business, is unable to fulfill its legal, financial, or business obligations, or can no longer meet the terms of the relevant agreement with Developer; (ii) voluntarily removes itself from Developer’s team; or (iii) fails to provide a sufficient number of qualified personnel to fulfill the duties identified during the Proposal stage. If Developer makes changes to a Key Contractor in violation of this subsection (b), Developer shall pay to TxDOT 100% of any cost savings resulting from the change.
Use of and Change in Key Contractors. Developer shall provide LAWA, for LAWA’s review and comment, draft copies of (a) any Key Contracts not executed before the Effective Date and (b) proposed material amendments to Key Contracts (regardless of whether the Key Contract to be amended was executed before the Effective Date). Such drafts shall be provided at least 30 days before execution of a Key Contract or an amendment to a Key Contract, as applicable. Any proposed amendment to required terms described in Section 9.3.2 (Key Contract Provisions) shall be considered a material amendment.
Use of and Change in Key Contractors. The Key Contract with each of the Lead Contractor, Lead Engineering Firm and Lead Operations and Maintenance Contractor (if applicable) shall be subject to the Department’s prior written approval.
