Completed Facilities Clause Samples

Completed Facilities. Except as otherwise determined on an individual project basis, Developer will bear the risk of defects in existing improvements, including improvements previously constructed by third parties, any impacts to initial design and construction and defects affecting O&M or renewal and replacement requirements. Developer will be permitted to conduct appropriate due diligence activities, including testing and analysis, on existing improvements, and TxDOT will provide Developer with copies of construction and testing documentation for recently constructed improvements. TxDOT may, where appropriate on an individual project basis, transfer existing warranties and contract rights from contractors.