Examples of Capital Maintenance Contract in a sentence
In lieu of reimbursement, TxDOT may elect, in its discretion, to deduct such amounts from any amounts payable to DB Contractor under this Capital Maintenance Contract.
The Capital Maintenance Contract is hereby amended as set forth in Exhibit 8 to this CMA.
Any Dispute regarding rejection of cure shall be resolved according to the dispute resolution procedures set forth in this Capital Maintenance Contract.
DB Contractor hereby waives the right to obtain compensation for any Maintenance Services for which cost data is required to be provided hereunder, if DB Contractor fails to maintain or timely provide to TxDOT cost data meeting the requirements of this Capital Maintenance Contract.
DB Contractor’s cost records pertaining to Maintenance Services paid for on a Force Account basis shall be open, during all regular business hours, to inspection or audit by representatives of TxDOT during the life of this Capital Maintenance Contract and for a period of not less than five years after the termination of the Capital Maintenance Contract, and DB Contractor shall retain such records for that period.
Alternatively, TxDOT, in its discretion, may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor pursuant to this Capital Maintenance Contract.
Any terms and conditions applicable to a particular letter of credit that DB Contractor is required to or may provide under this Capital Maintenance Contract are set forth in the provisions of this Capital Maintenance Contract describing such letter of credit.
Prior to execution of this Capital Maintenance Contract, DB Contractor delivered to TxDOT one copy of all cost, unit pricing, price quote and other documentary information used in preparation of the Maintenance Price (the “EPDs”).
Maintenance Services shall continue and be carried out in accordance with all the provisions of the CMC Documents and this Capital Maintenance Contract shall be and shall remain in full force and effect, unless formally suspended or terminated by TxDOT in accordance with the terms hereof.
DB Contractor hereby assumes responsibility for all such matters, and acknowledges and agrees that assumption by DB Contractor of responsibility for such risks, and the consequences and costs and delays resulting therefrom, is reasonable under the circumstances of this Capital Maintenance Contract and that contingencies included in the Maintenance Price in DB Contractor’s sole judgment, constitute sufficient consideration for its acceptance and assumption of said risks and responsibilities.