Amount of Negotiated Termination Settlement. 15.6.1 Subject to the provisions of Section 15.5, Maintenance Contractor and TxDOT may agree upon the amount to be paid to Maintenance Contractor by reason of the total or partial termination of Maintenance Services pursuant to this Section 15. Such agreed amount, exclusive of settlement costs, shall not exceed the Maintenance Price for the applicable Maintenance Term, less the amount of payments previously made to Maintenance Contractor during such Maintenance Term and less the portions of the Maintenance Price related to Maintenance Services not terminated. Upon determination of the settlement amount, this Capital Maintenance Agreement will be amended accordingly, and Maintenance Contractor will be paid the agreed amount. TxDOT’s execution and delivery of any settlement agreement shall not affect any of its rights under the CMA Documents with respect to completed Maintenance Services, relieve Maintenance Contractor from its obligations with respect thereto, including Warranties, or affect TxDOT’s rights under the Maintenance Performance Bond and/or the Maintenance Payment Bond.
Amount of Negotiated Termination Settlement. DB Contractor and TxDOT may agree, as provided in Section 8.9.3, upon the whole or any part of the amount or amounts to be paid to DB Contractor by reason of the total or partial termination of the Work for convenience
Amount of Negotiated Termination Settlement. 94 14.7 No Agreement as to Amount of Termination Settlement ............................................. 94 14.8 Reduction in Amount of Claim ...................................................................................... 96 14.9 Termination Based on Failure To Issue a Maintenance NTP ....................................... 96 14.10 Payment .......................................................................................................................... 96 14.11
Amount of Negotiated Termination Settlement. Subject to the provisions of Section 14.5, and based on (and no more than) the measure of compensation described in Sections 14.7 and 14.8, DB Contractor and TxDOT may agree upon the amount to be paid to DB
Amount of Negotiated Termination Settlement. TSP and the Joint Board may agree, as provided in Section 15.5, upon the whole or any part of the amount or amounts to be paid to TSP by reason of the total or partial termination of Work for convenience pursuant to this Section 15. Such negotiated settlement may include a reasonable allowance for profit solely on TCS Installation Work which has been completed as of the termination date and subsequently inspected and accepted by the Joint Board. Such agreed amount or amounts, exclusive of settlement costs, shall not exceed the Total Toll Collection System Capital Price and the Total Toll Collection System Operations and Maintenance Price for the Project, as reduced by the amount of payments otherwise made and the applicable price of Work not terminated. Upon determination of the settlement amount, this Contract will be amended accordingly, and TSP will be paid the agreed amount as described in this Section 15.6, subject to any offset and deduction rights of the Joint Board as set forth in the Contract Documents. Fifty percent (50%) of said amount will be paid by IFA, and fifty percent (50%) will be paid by KPTIA. Each such States’ Party’s share shall be severable, and neither shall be responsible to make payment of the other States’ Party’s allocable share. Nothing in Section 15.7 prescribing the amount to be paid to TSP in the event that TSP and the Joint Board fail to agree upon the whole amount to be paid to TSP by reason of the termination of Work pursuant to this Section 15.6 shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to TSP pursuant to this Section 15.6. The Joint Board's execution and delivery of any settlement agreement shall not affect any of its rights under the Contract Documents with respect to completed Work, relieve TSP from its obligations with respect thereto, including Warranties, or affect the rights of the Joint Board or TSP under any Performance Bond(s), Payment Bond(s), Maintenance Bond(s), other bonds and/or security as to such completed or non-terminated Work.
