Capital Maintenance Contract definition
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.
Alternatively, TxDOT, in its discretion, may deduct the amount of such Losses from any sums owed by TxDOT to DB Contractor pursuant to this Capital Maintenance Contract.
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.
The EPDs associated with any Change Order or Maintenance Price adjustment under this Capital Maintenance Contract shall be reviewed, organized and indexed in the same manner described in the ITP.
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.
The captions of the articles, sections, and subsections herein are inserted solely for convenience, and under no circumstances are they or any of them to be treated or construed as part of the Capital Maintenance Contract.
The CMC Documents may be amended only by a written instrument duly executed by the Parties or their respective successors or assigns, except to the extent expressly provided otherwise in this Capital Maintenance Contract.
DB Contractor acknowledges that it has reviewed the Design-Build Contract, including provisions affecting Change Orders requested by DB Contractor under this Capital Maintenance Contract.