Common use of Use of and Change in Key Contractors Clause in Contracts

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. Developer shall retain, employ and utilize the firms and organizations specifically listed in the Facility Project 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.