Common use of Financial Reporting Requirements Clause in Contracts

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified below: 5.10.2.2.1 Within 60 days after the end of each fiscal quarter, duplicate copies of the balance sheet and a consolidated statement of earnings of the Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowThe Borrower will: 5.10.2.2.1 Within 60 (a) make available its Form 10-K via the ▇▇▇▇▇ system of the SEC (“▇▇▇▇▇”) on the internet as soon as available and in any event within 90 days after the end of each fiscal quarter, duplicate copies year of the Borrower, which will in each case include an audited consolidated balance sheet and a consolidated statement of earnings of the Guarantor Borrower and its consolidated subsidiaries for such quarter and for the period from the beginning Subsidiaries as of the then current fiscal year to the end of such quarterfiscal year and the related audited consolidated statements of income, setting forth cash flows and changes in comparative form the figures partners’ capital for the corresponding periods during the previous such fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year)year of the Borrower, all reported on in reasonable detail and accompanied a manner acceptable to the SEC by an opinion thereon of an KPMG LLP or other independent public accountant accountants of nationally recognized national standing selected by (without a “going concern” or like qualification or exception and without any qualification or exception as to the Guarantorscope of such audit); (b) make available its Form 10-Q via ▇▇▇▇▇ on the internet as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year of the Borrower, which opinion shall state that will, in each case, include, a consolidated balance sheet of the Borrower and its Subsidiaries, as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the Borrower’s fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the Borrower’s fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the Borrower’s previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the Borrower’s previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the Borrower’s previous fiscal year, and the making available of such financial statements have been prepared shall constitute a certification (subject to normal year-end adjustments) as to fairness of presentation and GAAP; (c) furnish to the Lender within 10 days of making available via ▇▇▇▇▇ each set of financial statements referred to in accordance clauses (a) and (b) above, a certificate of a Financial Officer of the Borrower (i) stating whether there exists on the date of such certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which the Borrower is taking or proposes to take with Generally Accepted Accounting Principles consistently appliedrespect thereto, and that (ii) setting forth reasonably detailed calculations demonstrating compliance with Section 6.08 and from and after the examination Investment Grade Rating Date, Section 6.03(b); (d) furnish to the Lender within 10 days of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of making available via ▇▇▇▇▇ the financial statements that would referred to in clauses (a) and (b) above, a certificate of a Financial Officer of the Borrower certifying which Subsidiaries of the Borrower are Material Subsidiaries (which certificate may be affected by a conversion combined with the certificate being delivered pursuant to U.S. GAAP is requiredclause (c) above on such date); (e) furnish to the Lender from time to time such additional information regarding the operations, business affairs and financial condition of the Borrower or any Subsidiary, or compliance with the terms of this Agreement, as the Lender may reasonably request; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters(f) promptly upon the Borrower first obtaining a Designated Rating, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information provide to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may beLender written notice thereof. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents.The LLC will: 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related (a) furnish to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following Administrative Agent and each Lender fiscal year audited financial statements for each Guarantoror make available its Annual Report on Form 10-K via the ▇▇▇▇▇ system of the Securities and Exchange Commission (“▇▇▇▇▇”) on the Internet, at the times specified below: 5.10.2.2.1 Within 60 in either case, as soon as available and in any event within 90 days after the end of each fiscal quarter, duplicate copies year of the LLC, which fiscal year audited financial statements will include an audited consolidated balance sheet and a consolidated statement of earnings of the Guarantor LLC and its consolidated subsidiaries for such quarter and for the period from the beginning Subsidiaries as of the then current fiscal year to the end of such quarter, setting forth fiscal year and the related audited consolidated statements of income and cash flows and changes in comparative form the figures members’ capital for the corresponding periods during the previous such fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied reported on by an opinion thereon of an independent public accountant accountants of nationally recognized national standing selected by standing; (b) furnish to the GuarantorAdministrative Agent and each Lender unaudited quarterly financial statements or make available its Quarterly Report on Form 10-Q via ▇▇▇▇▇ on the Internet, in either case, as soon as available and in any event within 45 days after the end of each of the first three quarters of each fiscal year of the LLC, which opinion shall state that unaudited quarterly financial statements will include a consolidated balance sheet of the LLC and its consolidated Subsidiaries as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the LLC’s fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the LLC’s fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the LLC’s previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the LLC’s previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the LLC’s previous fiscal year, the furnishing or making available of such financial statements have been prepared shall constitute a certification (subject to normal year-end adjustments) as to fairness of presentation and GAAP; (c) furnish to the Administrative Agent within 10 days of so furnishing or making available via ▇▇▇▇▇ each set of financial statements referred to in accordance with Generally Accepted Accounting Principles consistently appliedclause (a) above, and that a certificate of the examination chief financial officer, Treasurer or the chief accounting officer of the LLC stating whether there exists on the date of such accountants in connection certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which such Borrower is taking or proposes to take with respect thereto. The Administrative Agent will furnish a copy of such certificate to each Lender within a reasonable time after receipt from the Borrowers; (d) furnish to the Administrative Agent from time to time such additional information regarding the financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests position or business of the accounting records Borrowers and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, their Subsidiaries as the case Administrative Agent may bereasonably request. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified below: 5.10.2.2.1 Within 60 days after the end of the second fiscal quarter of each fiscal quarteryear of the reporting entity, duplicate copies of the balance sheet and a consolidated statement of earnings of the Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal yearyear of the reporting entity, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.2.4 If there is no Guarantor, DB Contractor shall deliver the information and certifications described in Sections 5.10.2.2.1 through 5.10.2.2.3 for DB Contractor and its Equity Members, as applicable. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web. 5.10.2.6 DB Contractor shall report the Tangible Net Worth of DB Contractor, its Equity Members, and Guarantors, if any, to TxDOT, on or before May 1 and November 1 of each year during the Maintenance Period by means of certifications by the chief financial officers of the DB Contractor, its Equity Members and any Guarantors, as applicable. One certification shall reflect the Tangible Net Worth calculated as of the end of the fiscal year of the reporting entities based on information reported in Section 5.10.2.2.2, or, if the reporting entities have different fiscal years, as of December 31; and one certification shall reflect the Tangible Net Worth calculated as of the end of the most recently closed fiscal reporting period. 5.10.2.7 If at any time during the Maintenance Term, the total combined Tangible Net Worth of DB Contractor, its Equity Members and any Guarantors, as applicable, is less than the Minimum Tangible Net Worth Requirement, DB Contractor shall provide one or more guarantees from a

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowThe Borrower will: 5.10.2.2.1 Within 60 (a) make available its Form 10-K via the ▇▇▇▇▇ system of the SEC (“▇▇▇▇▇”) on the internet as soon as available and in any event within 90 days after the end of each fiscal quarter, duplicate copies year of the Borrower, which will in each case include an audited consolidated balance sheet and a consolidated statement of earnings of the Guarantor Borrower and its consolidated subsidiaries for such quarter and for the period from the beginning Subsidiaries as of the then current fiscal year to the end of such quarterfiscal year and the related audited consolidated statements of income, setting forth cash flows and changes in comparative form the figures partners’ capital for the corresponding periods during the previous such fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year)year of the Borrower, all reported on in reasonable detail and accompanied a manner acceptable to the SEC by an opinion thereon of an KPMG LLP or other independent public accountant accountants of nationally recognized national standing selected by (without a “going concern” or like qualification or exception and without any qualification or exception as to the Guarantorscope of such audit); (b) make available its Form 10-Q via ▇▇▇▇▇ on the internet as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year of the Borrower, which opinion shall state that will, in each case, include, a consolidated balance sheet of the Borrower and its Subsidiaries, as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the Borrower’s fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the Borrower’s fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the Borrower’s previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the Borrower’s previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the Borrower’s previous fiscal year; (c) furnish to the Lender within 10 days of making available via ▇▇▇▇▇ each set of financial statements have been prepared referred to in accordance clauses (a) and (b) above, a certificate of a Financial Officer of the Borrower (i) stating whether there exists on the date of such certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which the Borrower is taking or proposes to take with Generally Accepted Accounting Principles consistently appliedrespect thereto, and that (ii) setting forth reasonably detailed calculations demonstrating compliance with Section 6.08 and Section 6.03; (d) furnish to the examination Lender within 10 days of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of making available via ▇▇▇▇▇ the financial statements that would referred to in clauses (a) and (b) above, a certificate of a Financial Officer of the Borrower certifying which Subsidiaries of the Borrower are Material Subsidiaries (which certificate may be affected by a conversion combined with the certificate being delivered pursuant to U.S. GAAP is requiredclause (c) above on such date); (e) furnish to the Lender from time to time such additional information regarding the operations, business affairs and financial condition of the Borrower or any Subsidiary, or compliance with the terms of this Agreement, as the Lender may reasonably request; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters(f) promptly upon the Borrower first obtaining a Designated Rating, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information provide to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may beLender written notice thereof. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowThe Borrower will: 5.10.2.2.1 Within 60 (a) make available its Form 10-K via the ▇▇▇▇▇ system of the SEC (“▇▇▇▇▇”) on the internet as soon as available and in any event within 90 days after the end of each fiscal quarter, duplicate copies year of the Borrower, which will in each case include an audited consolidated balance sheet and a consolidated statement of earnings of the Guarantor Borrower and its consolidated subsidiaries for such quarter and for the period from the beginning Subsidiaries as of the then current fiscal year to the end of such quarterfiscal year and the related audited consolidated statements of income, setting forth cash flows and changes in comparative form the figures common stockholders’ equity for the corresponding periods during the previous such fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all reported on in reasonable detail and accompanied a manner acceptable to the SEC by an opinion thereon of an Ernst & Young LLP or other independent public accountant accountants of nationally recognized national standing selected by standing; (b) make available its Form 10-Q via ▇▇▇▇▇ on the Guarantorinternet as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year of the Borrower, which opinion shall state that will, in each case, include a consolidated balance sheet of the Borrower and its Subsidiaries, as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the Borrower’s fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the Borrower’s fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the Borrower’s previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the Borrower’s previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the Borrower’s previous fiscal year, the making available of such financial statements shall constitute a certification (subject to normal year-end adjustments) as to fairness of presentation and GAAP; (c) furnish to the Administrative Agent within 10 days of making available via ▇▇▇▇▇ each set of financial statements referred to in clauses (a) and (b) above, a certificate of a Financial Officer of the Borrower (i) stating whether there exists on the date of such certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which the Borrower is taking or proposes to take with respect thereto, and (ii) setting forth reasonably detained calculations demonstrating compliance with Section 6.3(a) and Section 6.3(b); (d) furnish to the Administrative Agent a copy of all documents filed by the Borrower or any Subsidiary with the SEC; provided that such documents shall be deemed to have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that furnished on the examination of such accountants in connection with such financial statements has been date when made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is requiredavailable via ▇▇▇▇▇; and 5.10.2.2.3 Upon request (e) furnish to the Administrative Agent from time to time such additional information regarding the operations, business affairs and financial condition of TxDOT for particular fiscal quartersthe Borrower or any Subsidiary, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor or compliance with the Securities Exchange Commission under Sections 13, 14 or 15(d) terms of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commissionthis Agreement, as the case may be. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA Administrative Agent or any other Governmental Entity with jurisdiction over Lender through the ProjectAdministrative Agent may reasonably request. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 21.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC DBC Documents. 5.10.2.2 21.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services Work or the CMC DBC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified below: 5.10.2.2.1 21.2.2.1. Within 60 days after the end of each fiscal quarter, duplicate copies of the balance sheet and a consolidated statement of earnings of the Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 21.2.2.2. Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 21.2.2.3. Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s 's shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.3 21.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 21.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or State of Texas and/or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 21.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 21.2.3 and 5.10.2.4 21.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowThe Borrower will: 5.10.2.2.1 Within 60 (a) make available its Form 10-K via the ▇▇▇▇▇ system of the SEC (“▇▇▇▇▇”) on the internet as soon as available and in any event within 90 days after the end of each fiscal quarter, duplicate copies year of the Borrower, which will in each case include an audited consolidated balance sheet and a consolidated statement of earnings of the Guarantor Borrower and its consolidated subsidiaries for such quarter and for the period from the beginning Subsidiaries as of the then current fiscal year to the end of such quarterfiscal year and the related audited consolidated statements of income, setting forth cash flows and changes in comparative form the figures equity for the corresponding periods during the previous such fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all reported on in reasonable detail and accompanied a manner acceptable to the SEC by an opinion thereon of an Ernst & Young LLP or other independent public accountant accountants of nationally recognized national standing selected by standing; (b) make available its Form 10-Q via ▇▇▇▇▇ on the Guarantorinternet as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year of the Borrower, which opinion will, in each case, include, a consolidated balance sheet of the Borrower and its Subsidiaries, as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the Borrower’s fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the Borrower’s fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the Borrower’s previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the Borrower’s previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the Borrower’s previous fiscal year, provided, however, the financial statements for the quarter ending June 30, 2013 shall state that consist of a combined balance sheet of the Borrower’s Predecessor and its Subsidiaries, as of the end of such quarter and the related (i) combined statement of income for such quarter and for the portion of the Borrower’s Predecessor’s fiscal year ended at the end of such quarter, and (ii) combined statement of cash flows for the portion of the Borrower’s Predecessor’s fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the combined balance sheet, the figures as of the end of the Borrower’s Predecessor’s previous fiscal year, (B) for the combined statement of income, the figures for the corresponding quarter and the corresponding portion of the Borrower’s Predecessor’s previous fiscal year and (C) for the combined statement of cash flows, the figures for the corresponding portion of the Borrower’s Predecessor’s previous fiscal year, and the making available of such financial statements have been prepared shall constitute a certification (subject to normal year-end adjustments) as to fairness of presentation and GAAP; (c) furnish to the Administrative Agent within 10 days of making available via ▇▇▇▇▇ each set of financial statements referred to in accordance clauses (a) and (b) above, a certificate of a Financial Officer of the Borrower (i) stating whether there exists on the date of such certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which the Borrower is taking or proposes to take with Generally Accepted Accounting Principles consistently appliedrespect thereto, and that (ii) setting forth reasonably detailed calculations demonstrating compliance with Section 6.9 and from and after the examination Investment Grade Rating Date, Section 6.3(b); (d) furnish to the Administrative Agent within 10 days of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of making available via ▇▇▇▇▇ the financial statements referred to in clauses (a) and (b) above, a certificate of a Financial Officer of the Borrower certifying which Subsidiaries of the Borrower are Material Subsidiaries (which certificate may be combined with the certificate being delivered pursuant to clause (c) above on such date); (e) furnish to the Administrative Agent a copy of all documents filed by the Borrower or any Restricted Subsidiary with the SEC; provided that would such documents shall be affected by deemed to have been furnished on the date when made available via ▇▇▇▇▇; (f) promptly upon the Borrower obtaining a conversion to U.S. GAAP is requiredDesignated Rating, written notice thereof; and 5.10.2.2.3 Upon request (g) furnish to the Administrative Agent from time to time such additional information regarding the operations, business affairs and financial condition of TxDOT for particular fiscal quartersthe Borrower or any Subsidiary, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor or compliance with the Securities Exchange Commission under Sections 13, 14 or 15(d) terms of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commissionthis Agreement, as the case may be. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA Administrative Agent or any other Governmental Entity with jurisdiction over Lender through the ProjectAdministrative Agent may reasonably request. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related Furnish to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for Agent and each Guarantor, at the times specified below: 5.10.2.2.1 Within 60 Lender (a) within forty-five (45) days after the end of each quarter of each of its fiscal years, unaudited financial statements of the Borrower and its Subsidiaries, which statements shall consist of Consolidated and summary consolidating balance sheets as of the end of such quarter, duplicate copies and related statements of the balance sheet and a consolidated statement of earnings of the Guarantor and its consolidated subsidiaries for such quarter and for income, covering the period from the beginning end of the then current Borrower’s immediately preceding fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and quarter certified as complete and correct, subject to changes resulting from year-end adjustments, be correct by the chief financial officer President or Vice-President-Finance and Treasurer of the Guarantor; 5.10.2.2.2 Within 120 Borrower, who shall also furnish to the Agent and each Lender a duly completed and executed Compliance Certificate; (b) within ninety (90) days after the end of each of its fiscal yearyears, duplicate copies audited Consolidated financial statements of the financial statements (Borrower and its Subsidiaries, which shall include consist of a Consolidated and consolidating balance sheet and a consolidated statement as of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year and the related statements of income, retained earnings and cash flows covering such fiscal year, audited by and statements together with an opinion of, in the case of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the Consolidated financial statements, setting forth in each case in comparative form Ernst & Young LLP, or other independent certified public accountants satisfactory to the figures for Agent, together with a Compliance Certificate from the previous fiscal year), all in reasonable detail President or Vice President-Finance and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests Treasurer of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAPBorrower; (c) promptly, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, after their preparations copies of all other such proxy statements, financial statements and information reported by reports which the Guarantor Borrower sends to its shareholders generally stockholders, and copies of all reports filed by regular, periodic and special reports, as well as all registration statements, which the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports Borrower files with the Securities and Exchange Commission; (d) promptly after the filing thereof with the Pension Benefit Guaranty Corporation, as a copy of each annual report filed with respect to each Plan; (e) by the case may be. 5.10.2.3 DB Contractor shall cooperate and provideend of each of its fiscal years, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality a forecast of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents statements of income and in order to comply with Securities cash flows as of and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice through the close of material events. DB Contractor shall provide customary representations and warranties to TxDOT its following fiscal year of the Borrower and the capital markets as to the correctness, completeness Subsidiaries; and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, (f) such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentationadditional information, reports or analysis required by statements (including, without limitation, a duly completed and executed Compliance Certificate) as the State, FHWA or any other Governmental Entity with jurisdiction over Agent may from time to time reasonably request regarding the Projectfinancial and business affairs of the Borrower and the Subsidiaries. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowThe Initial Guarantor will: 5.10.2.2.1 Within 60 (a) make available its Form 10-K via the ▇▇▇▇▇ system of the SEC (“▇▇▇▇▇”) on the internet as soon as available and in any event within 90 days after the end of each fiscal quarter, duplicate copies year of the Initial Guarantor, which will in each case include an audited consolidated balance sheet and a consolidated statement of earnings of the Initial Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning Subsidiaries as of the then current fiscal year to the end of such quarterfiscal year and the related audited consolidated statements of income, setting forth cash flows and changes in comparative form the figures common stockholders’ equity for the corresponding periods during the previous such fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all reported on in reasonable detail and accompanied a manner acceptable to the SEC by an opinion thereon of an ▇▇▇▇▇ & Young LLP or other independent public accountant accountants of nationally recognized national standing selected by standing; (b) make available its Form 10-Q via ▇▇▇▇▇ on the internet as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year of the Initial Guarantor, which opinion shall state that will, in each case, include a consolidated balance sheet of the Initial Guarantor and its Subsidiaries, as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the Initial Guarantor’s fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the Initial Guarantor’s fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the Initial Guarantor’s previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the Initial Guarantor’s previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the Initial Guarantor’s previous fiscal year, the making available of such financial statements have been prepared shall constitute a certification (subject to normal year-end adjustments) as to fairness of presentation and GAAP; (c) furnish to the Administrative Agent within 10 Business Days of making available via ▇▇▇▇▇ each set of financial statements referred to in accordance clauses (a) and (b) above, a certificate of a Financial Officer of the Initial Guarantor (i) stating whether there exists on the date of such certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which the Borrower or the Initial Guarantor is taking or proposes to take with Generally Accepted Accounting Principles consistently appliedrespect thereto, and that the examination of such accountants in connection (ii) setting forth reasonably detailed calculations demonstrating compliance with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.Section 6.1

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowThe Borrower will: 5.10.2.2.1 Within 60 (a) make available its Form 10-K via the ▇▇▇▇▇ system of the SEC (“▇▇▇▇▇”) on the internet as soon as available and in any event within 90 days after the end of each fiscal quarter, duplicate copies year of the Borrower, which will in each case include an audited consolidated balance sheet and a consolidated statement of earnings of the Guarantor Borrower and its consolidated subsidiaries for such quarter and for the period from the beginning Subsidiaries as of the then current fiscal year to the end of such quarterfiscal year and the related audited consolidated statements of income, setting forth cash flows and changes in comparative form the figures partners’ capital for the corresponding periods during the previous such fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal yearyear of the Borrower (or, with respect to the fiscal year 2012, of the Borrower’s Predecessor), all reported on in reasonable detail and accompanied a manner acceptable to the SEC by an opinion thereon of an KPMG LLP or other independent public accountant accountants of nationally recognized national standing selected by (without a “going concern” or like qualification or exception and without any qualification or exception as to the Guarantorscope of such audit); (b) make available its Form 10-Q via ▇▇▇▇▇ on the internet as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year of the Borrower, which opinion will, in each case, include, a consolidated balance sheet of the Borrower and its Subsidiaries, as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the Borrower’s fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the Borrower’s fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the Borrower’s (or, if applicable, of the Borrower’s Predecessor’s) previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the Borrower’s (or, if applicable, of the Borrower’s Predecessor’s) previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the Borrower’s (or, if applicable, of the Borrower’s Predecessor’s) previous fiscal year; provided, however, the financial statements for the quarter ended September 30, 2013 shall state that consist of a combined balance sheet of the Borrower’s Predecessor, as of the end of such quarter and the related (i) combined statement of income for such quarter and for the portion of the Borrower’s Predecessor’s fiscal year ended at the end of such quarter, and (ii) combined statement of cash flows for the portion of the Borrower’s Predecessor’s fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the combined balance sheet, the figures as of the end of the Borrower’s Predecessor’s previous fiscal year, (B) for the combined statement of income, the figures for the corresponding quarter and the corresponding portion of the Borrower’s Predecessor’s previous fiscal year and (C) for the combined statement of cash flows, the figures for the corresponding portion of the Borrower’s Predecessor’s previous fiscal year, and the making available of such financial statements have been prepared shall constitute a certification (subject to normal year-end adjustments) as to fairness of presentation and GAAP; (c) furnish to the Administrative Agent within 10 days of making available via ▇▇▇▇▇ each set of financial statements referred to in accordance clauses (a) and (b) above, a certificate of a Financial Officer of the Borrower (i) stating whether there exists on the date of such certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which the Borrower is taking or proposes to take with Generally Accepted Accounting Principles consistently appliedrespect thereto, and that (ii) setting forth reasonably detailed calculations demonstrating compliance with Section 6.09 and from and after the examination Investment Grade Rating Date, Section 6.03(b); (d) furnish to the Administrative Agent within 10 days of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of making available via ▇▇▇▇▇ the financial statements referred to in clauses (a) and (b) above, a certificate of a Financial Officer of the Borrower certifying which Subsidiaries of the Borrower are Material Subsidiaries (which certificate may be combined with the certificate being delivered pursuant to clause (c) above on such date); (e) furnish to the Administrative Agent a copy of all documents filed by the Borrower or any Restricted Subsidiary with the SEC; provided that would such documents shall be affected by deemed to have been furnished on the date when made available via ▇▇▇▇▇; (f) promptly upon the Borrower first obtaining a conversion Designated Rating, provide to U.S. GAAP is requiredthe Administrative Agent written notice thereof; and 5.10.2.2.3 Upon request (g) furnish to the Administrative Agent from time to time such additional information regarding the operations, business affairs and financial condition of TxDOT for particular fiscal quartersthe Borrower or any Subsidiary, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor or compliance with the Securities Exchange Commission under Sections 13, 14 or 15(d) terms of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commissionthis Agreement, as the case may be. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA Administrative Agent or any other Governmental Entity with jurisdiction over Lender through the ProjectAdministrative Agent may reasonably request. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowThe Borrower will: 5.10.2.2.1 Within 60 (a) make available its Form 10-K via the ▇▇▇▇▇ system of the SEC (“▇▇▇▇▇”) on the internet as soon as available and in any event within 90 days after the end of each fiscal quarter, duplicate copies year of the Borrower, which will in each case include an audited consolidated balance sheet and a consolidated statement of earnings of the Guarantor Borrower and its consolidated subsidiaries for such quarter and for the period from the beginning Subsidiaries as of the then current fiscal year to the end of such quarterfiscal year and the related audited consolidated statements of income, setting forth cash flows and changes in comparative form the figures partners’ capital for the corresponding periods during the previous such fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year)year of the Borrower, all reported on in reasonable detail and accompanied a manner acceptable to the SEC by an opinion thereon of an KPMG LLP or other independent public accountant accountants of nationally recognized national standing selected by (without a “going concern” or like qualification or exception and without any qualification or exception as to the Guarantorscope of such audit); (b) make available its Form 10-Q via ▇▇▇▇▇ on the internet as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year of the Borrower, which opinion shall state that will, in each case, include, a consolidated balance sheet of the Borrower and its Subsidiaries, as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the Borrower’s fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the Borrower’s fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the Borrower’s previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the Borrower’s previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the Borrower’s previous fiscal year; (c) furnish to the Administrative Agent within 10 days of making available via ▇▇▇▇▇ each set of financial statements have been prepared referred to in accordance clauses (a) and (b) above, a certificate of a Financial Officer of the Borrower (i) stating whether there exists on the date of such certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which the Borrower is taking or proposes to take with Generally Accepted Accounting Principles consistently appliedrespect thereto, and that (ii) setting forth reasonably detailed calculations demonstrating compliance with Section 6.09 and Section 6.03; (d) furnish to the examination Administrative Agent within 10 days of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of making available via ▇▇▇▇▇ the financial statements referred to in clauses (a) and (b) above, a certificate of a Financial Officer of the Borrower certifying which Subsidiaries of the Borrower are Material Subsidiaries (which certificate may be combined with the certificate being delivered pursuant to clause (c) above on such date); (e) furnish to the Administrative Agent a copy of all documents filed by the Borrower or any Restricted Subsidiary with the SEC; provided that would such documents shall be affected by deemed to have been furnished on the date when made available via ▇▇▇▇▇; (f) promptly upon the Borrower first obtaining a conversion Designated Rating, provide to U.S. GAAP is requiredthe Administrative Agent written notice thereof; and 5.10.2.2.3 Upon request (g) furnish to the Administrative Agent from time to time such additional information regarding the operations, business affairs and financial condition of TxDOT for particular fiscal quartersthe Borrower or any Subsidiary, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor or compliance with the Securities Exchange Commission under Sections 13, 14 or 15(d) terms of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commissionthis Agreement, as the case may be. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA Administrative Agent or any other Governmental Entity with jurisdiction over Lender through the ProjectAdministrative Agent may reasonably request. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowThe Borrower will: 5.10.2.2.1 Within (a) make available its Form 10-K via the ▇▇▇▇▇ system of the United States Securities and Exchange Commission (“▇▇▇▇▇”) on the Internet as soon as available and in any event within 60 days after the end of each fiscal quarter, duplicate copies year of the Borrower, which will in each case include an audited consolidated balance sheet and a consolidated statement of earnings of the Guarantor Borrower and its consolidated subsidiaries for such quarter and for the period from the beginning Consolidated Subsidiaries as of the then current fiscal year to the end of such quarterfiscal year and the related audited consolidated statements of income, setting forth cash flows and changes in comparative form the figures common stockholders’ equity for the corresponding periods during the previous such fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all reported on in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information manner acceptable to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with United States Securities and Exchange Commission Rule 15c2by Ernst & Young LLP or other independent public accountants of nationally recognized standing; (b) make available its Form 10-12 regarding certain periodic information Q via ▇▇▇▇▇ on the Internet as soon as available and in any event within 40 days after the end of each of the first three quarters of each fiscal year of the Borrower, which will, in each case, include a consolidated balance sheet of the Borrower and its Consolidated Subsidiaries, as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the Borrower’s fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the Borrower’s fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the Borrower’s previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the Borrower’s previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the Borrower’s previous fiscal year, the making available of such financial statements shall constitute a certification (subject to normal year-end adjustments) as to fairness of presentation and GAAP; (c) furnish to the Administrative Agent within 10 days of making available via ▇▇▇▇▇ each set of financial statements referred to in clauses (a) and (b) above, a duly completed Compliance Certificate signed by a Responsible Officer (which delivery may, unless the Administrative Agent requests executed originals, be by electronic communication including fax or email and shall be deemed to be an original authentic counterpart thereof for all purposes); (d) furnish to the Administrative Agent forthwith upon the occurrence of any Default or Event of Default, a certificate of a Responsible Officer of the Borrower stating that such certificate is a “notice of material events. DB Contractor shall provide customary representations default” under subsection 8.5 and warranties to TxDOT setting forth the details thereof and the capital markets as action which the Borrower is taking or proposes to take with respect thereto; and (e) furnish to the correctness, completeness and accuracy Administrative Agent from time to time such additional information regarding the financial position or business of any information furnishedthe Borrower as the Administrative Agent may reasonably request. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 21.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC DBA Documents. 5.10.2.2 21.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services Work or the CMC DBA Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified below: 5.10.2.2.1 21.2.2.1. Within 60 days after the end of each fiscal quarter, duplicate copies of the balance sheet and a consolidated statement of earnings of the Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 21.2.2.2. Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; andthan 5.10.2.2.3 21.2.2.3. Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s 's shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.3 21.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 21.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or State of Texas and/or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 21.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 21.2.3 and 5.10.2.4 21.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents.The LLC will: 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related (a) furnish to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following Administrative Agent and each Lender fiscal year audited financial statements for each Guarantor, at or make available its Annual Report on Form 10-K via the times specified below: 5.10.2.2.1 Within 60 days after the end of each fiscal quarter, duplicate copies EDG▇▇ ▇▇stem of the balance sheet Securities and a consolidated statement of earnings of Exchange Commission ("EDG▇▇") on the Guarantor Internet, in either case, as soon as available and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within any event within 120 days after the end of each fiscal year, duplicate copies year of the LLC, which fiscal year audited financial statements (which shall will include a an audited consolidated balance sheet and a consolidated statement of financial condition of the Guarantor LLC and its consolidated subsidiaries at Subsidiaries as of the end of such year, fiscal year and the related audited consolidated statements of earnings, income and cash flows and changes in financial position of the Guarantor and its consolidated subsidiaries members' capital for such fiscal year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied reported on by an opinion thereon of an independent public accountant accountants of nationally recognized national standing selected by standing; (b) furnish to the GuarantorAdministrative Agent and each Lender unaudited quarterly financial statements or make available its Quarterly Report on Form 10-Q via EDG▇▇ ▇▇ the Internet, in either case, as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year of the LLC, which opinion shall state that unaudited quarterly financial statements will include a consolidated balance sheet of the LLC and its consolidated Subsidiaries as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the LLC's fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the LLC's fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the LLC's previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the LLC's previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the LLC's previous fiscal year, the furnishing or making available of such financial statements have been prepared shall constitute a certification (subject to normal year-end adjustments) as to fairness of presentation and GAAP; (c) furnish to the Administrative Agent and each Lender within 10 days of so furnishing or making available via EDG▇▇ ▇▇ch set of financial statements referred to in accordance with Generally Accepted Accounting Principles consistently appliedclause (a) above, and that a certificate of the examination chief financial officer, Treasurer or the chief accounting officer of the LLC stating whether there exists on the date of such accountants in connection certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which such Borrower is taking or proposes to take with respect thereto; (d) furnish to the Administrative Agent from time to time such additional information regarding the financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests position or business of the accounting records Borrowers and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, their Subsidiaries as the case Administrative Agent may bereasonably request. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, The Borrower will (x) furnish or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related furnished to the ProjectAdministrative Agent (with sufficient copies for distribution to the Lenders) or (y), in the Maintenance Services case of the clauses (a) through (d) below, post or cause to be posted on the CMC Documents. In addition“Investor Information” portion of the Parent’s website, DB Contractor ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, or at such other place at such website, or on another publicly accessible website, as the Borrower shall deliver have designated by not less than 30 days’ prior notice to TxDOT the following financial statements for Administrative Agent and each Guarantor, at the times specified belowLender: 5.10.2.2.1 (a) Within 60 days after the end close of each fiscal quarter, duplicate copies of the balance sheet and a consolidated statement of earnings first three quarterly accounting periods in each fiscal year of the Guarantor Parent, the Borrower and its Assured Guaranty Corp., the consolidated balance sheets of the Parent, the Borrower and Assured Guaranty Corp. and their respective consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to as at the end of such quarterquarterly period and the related consolidated statements of operations, comprehensive income, shareholders equity and cash flows for such quarterly period and for the elapsed portion of the fiscal year ended with the last day of such quarterly period, in each case setting forth in comparative form the figures for the corresponding related periods during in the previous prior fiscal year, all in reasonable detail and of which shall be certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer or treasurer of the Guarantor; 5.10.2.2.2 Within 120 days after Parent, the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet Borrower and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange CommissionAssured Guaranty Corp., as the case may be., subject to year end audit adjustments; 5.10.2.3 DB Contractor (b) Within 90 days after the close of each fiscal year of the Parent, the Borrower and Assured Guaranty Corp., the consolidated balance sheets of the Parent, the Borrower and Assured Guaranty Corp. and their respective consolidated subsidiaries as at the end of such fiscal year and the related consolidated statements of operations, comprehensive income, shareholders equity and cash flows for such fiscal year, in each case setting forth comparative figures for the preceding fiscal year and certified, by the independent certified public accountants the Parent, the Borrower and Assured Guaranty Corp., as the case may be, who shall cooperate and providebe of recognized national standing; (c) Promptly, and shall cause in any event within five Business Days after the Subcontractors to cooperate and providefiling thereof, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality a copy of the foregoingannual statement for each calendar year and quarterly statements for each calendar quarter as filed with the Department or other then comparable agency of other applicable jurisdictions and the financial statements of the Borrower for such calendar year or quarter prepared in accordance with applicable statutory accounting practices, DB Contractor shall provide accompanied by any and all letters, reports and/or certifications prepared by public accountants required to be filed with the Department or such other comparable agency, certified by the treasurer of the Borrower as presenting fairly in accordance with statutory accounting principles applied (except as specifically set forth therein) on a basis consistent with prior periods, the information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents contained therein; (d) Promptly, and in order to comply any event within five Business Days after the filing thereof, a copy of the annual statement for each calendar year and quarterly statements for each calendar quarter as filed with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice the Maryland Insurance Administration or other then comparable agency of material events. DB Contractor shall provide customary representations and warranties to TxDOT other applicable jurisdictions and the capital markets financial statements of Assured Guaranty Corp. for such calendar year or quarter prepared in accordance with applicable statutory accounting practices, accompanied by any and all letters, reports and/or certifications prepared by public accountants required to be filed with the Maryland Insurance Administration or such other comparable agency, certified by the treasurer or other principal financial officer of Assured Guaranty Corp as presenting fairly in accordance with statutory accounting principles applied (except as specifically set forth therein) on a basis consistent with prior periods, the information contained therein; (e) together with each delivery of financial statements pursuant to paragraphs (a) and (b) of this Section 6.14, (i) a certificate of a principal financial officer of the Borrower (A) listing the Insured Obligations in the Covered Portfolio, individually and grouped by type of Insured Obligations, (B) identifying, by name and amount, for Eligible International Securities constituting Insured Obligations, the five largest single obligor exposures (treated each Person and its Affiliates as a single obligor for such purposes) for each of the United Kingdom, Australia and Germany, (C) calculating in reasonable detail as of the date of such financial statements the Average Annual Debt Service on the Covered Portfolio, (D) listing each Loss with respect to each Insured Obligations in the Covered Portfolio, (E) if the Loss Threshold Insurance Date has occurred, identifying the Insurance Contracts and each reinsurance agreement with respect thereto, (F) calculating in reasonable detail as of the date of such financial statements (1) prior to the correctnessLoss Threshold Insurance Date, completeness the excess of the Borrower’s Cumulative Losses (stating separately any Permitted Reserves included therein) for the current Commitment Period over the Borrower’s aggregate Pledged Recoveries received during the current Commitment Period, and accuracy (2) if such date is on or after the Loss Threshold Insurance Date, (I) evidence of the occurrence thereof, (II) the amount of Installment Premiums with respect to defaulted obligations received on or prior to such date and thereafter payable in respect of the Covered Portfolio, (III) the aggregate amount of Pledged Recoveries received by or for the account of the Borrower during the current Commitment Period on or prior to such date, and (IV) the balance of the Collateral Account as of such date; and (ii) a certificate of the President or a Vice President of the Borrower stating that the signer has reviewed the terms of this Agreement and has made, or caused to be made under his supervision, a review in reasonable detail of the transactions and condition of the Borrower during the period covered by such financial statements and that such review has not disclosed the existence during or at the end of such accounting period, and that the signer does not have knowledge of the existence as at the date of the officer’s certificate, of any information furnished.condition or event which constitutes a Default or an Event of Default or, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action the Borrower has taken or is taking or proposes to take with respect thereto; 5.10.2.4 DB Contractor shall cooperate (f) promptly after the filing thereof, a copy of the annual statement for each calendar year and providequarterly statements for each calendar quarter as filed with the relevant Department or other then comparable agency of other jurisdictions and the financial statements of the Borrower for such calendar year or quarter prepared in accordance with statutory accounting practices accompanied by a report thereon of the independent public accountants of the Parent, and shall cause the Subcontractors Borrower or Assured Guaranty Corp. referred to cooperate and providein paragraph (b) above; and (g) promptly after the receipt thereof by the Borrower or any of its Subsidiaries, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT a copy of any documentation, reports or analysis required “management letter” received by the State, FHWA Borrower or any other Governmental Entity with jurisdiction over such Subsidiary from its certified public accountants and the Projectmanagement’s responses thereto. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified below: 5.10.2.2.1 Within 60 days after the end of each fiscal quarter, duplicate copies of the balance sheet and a consolidated statement of earnings of the Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in DocuSign Envelope ID: 8320AD6C-99DF-41FA-9908-4E441F89A70B accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowThe Borrower will: 5.10.2.2.1 Within 60 (a) make available its Form 10-K via the ▇▇▇▇▇ system of the SEC ("▇▇▇▇▇") on the internet as soon as available and in any event within 90 days after the end of each fiscal quarter, duplicate copies year of the Borrower, which will in each case include an audited consolidated balance sheet and a consolidated statement of earnings of the Guarantor Borrower and its consolidated subsidiaries for such quarter and for the period from the beginning Subsidiaries as of the then current fiscal year to the end of such quarterfiscal year and the related audited consolidated statements of income, setting forth cash flows and changes in comparative form the figures common stockholders' equity for the corresponding periods during the previous such fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all reported on in reasonable detail and accompanied a manner acceptable to the SEC by an opinion thereon of an Ernst & Young LLP or other independent public accountant accountants of nationally recognized national standing selected by standing; (b) make available its Form 10-Q via ▇▇▇▇▇ on the Guarantorinternet as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year of the Borrower, which opinion shall state that will, in each case, include a consolidated balance sheet of the Borrower and its Subsidiaries, as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the Borrower's fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the Borrower's fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the Borrower's previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the Borrower's previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the Borrower's previous fiscal year, the making available of such financial statements have been prepared shall constitute a certification (subject to normal year-end adjustments) as to fairness of presentation and GAAP; (c) furnish to the Administrative Agent within 10 Business Days of making available via ▇▇▇▇▇ each set of financial statements referred to in accordance clauses (a) and (b) above, a certificate of a Financial Officer of the Borrower (i) stating whether there exists on the date of such certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which the Borrower is taking or proposes to take with Generally Accepted Accounting Principles consistently appliedrespect thereto, and that the examination of such accountants in connection (ii) setting forth reasonably detailed calculations demonstrating compliance with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.Section 6.1

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents.The LLC will: 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related (a) furnish to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following Administrative Agent and each Lender fiscal year audited financial statements for each Guarantoror make available its Annual Report on Form 10-K via the ▇▇▇▇▇ system of the Securities and Exchange Commission ("▇▇▇▇▇") on the Internet, at the times specified below: 5.10.2.2.1 Within 60 in either case, as soon as available and in any event within 90 days after the end of each fiscal quarter, duplicate copies year of the LLC, which fiscal year audited financial statements will include an audited consolidated balance sheet and a consolidated statement of earnings of the Guarantor LLC and its consolidated subsidiaries for such quarter and for the period from the beginning Subsidiaries as of the then current fiscal year to the end of such quarter, setting forth fiscal year and the related audited consolidated statements of income and cash flows and changes in comparative form the figures members' capital for the corresponding periods during the previous such fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied reported on by an opinion thereon of an independent public accountant accountants of nationally recognized national standing selected by standing; (b) furnish to the GuarantorAdministrative Agent and each Lender unaudited quarterly financial statements or make available its Quarterly Report on Form 10-Q via ▇▇▇▇▇ on the Internet, in either case, as soon as available and in any event within 45 days after the end of each of the first three quarters of each fiscal year of the LLC, which opinion shall state that unaudited quarterly financial statements will include a consolidated balance sheet of the LLC and its consolidated Subsidiaries as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the LLC's fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the LLC's fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the LLC's previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the LLC's previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the LLC's previous fiscal year, the furnishing or making available of such financial statements have been prepared shall constitute a certification (subject to normal year-end adjustments) as to fairness of presentation and GAAP; (c) furnish to the Administrative Agent and each Lender within 10 days of so furnishing or making available via ▇▇▇▇▇ each set of financial statements referred to in accordance with Generally Accepted Accounting Principles consistently appliedclause (a) above, and that a certificate of the examination chief financial officer, Treasurer or the chief accounting officer of the LLC stating whether there exists on the date of such accountants in connection certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which such Borrower is taking or proposes to take with respect thereto; (d) furnish to the Administrative Agent from time to time such additional information regarding the financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests position or business of the accounting records Borrowers and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, their Subsidiaries as the case Administrative Agent may bereasonably request. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified below: 5.10.2.2.1 Within 60 days after the end of the second fiscal quarter of each fiscal quarteryear of the reporting entity, duplicate copies of the balance sheet and a consolidated statement of earnings of the Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal yearyear of the reporting entity, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8 as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.2.4 If there is no Guarantor, DB Contractor shall deliver the information and certifications described in Sections 5.10.2.2.1 through 5.10.2.2.3 for DB Contractor and its Equity Members, as applicable. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web. 5.10.2.6 DB Contractor shall report the Tangible Net Worth of DB Contractor, its Equity Members, and Guarantors, if any, to TxDOT, on or before May 1 and November 1 of each year during the Maintenance Period by means of certifications by the chief financial officers of the DB Contractor, its Equity Members and any Guarantors, as applicable. One certification shall reflect the Tangible Net Worth calculated as of the end of the fiscal year of the reporting entities based on information reported in Section 5.10.2.2.2, or, if the reporting entities have different fiscal years, as of December 31; and one certification shall reflect the Tangible Net Worth calculated as of the end of the most recently closed fiscal reporting period. 5.10.2.7 If at any time during the Maintenance Term, the total combined Tangible Net Worth of DB Contractor, its Equity Members and any Guarantors, as applicable, is less than the Minimum Tangible Net Worth Requirement, DB Contractor shall provide one or more guarantees from a Guarantor acceptable to TxDOT so that the combined Tangible Net Worth of DB Contractor, its Equity Members (as applicable) and any Guarantors is at least equal to the Minimum Tangible Net Worth Requirement. Each such guaranty shall be in the form attached as Exhibit 6 to the CMA, together with appropriate evidence of authorization, execution, delivery and validity thereof, and shall guarantee the Guaranteed Obligations.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor MFN shall furnish, or cause to be furnished, to TxDOT such information the Initial Purchaser and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowInsurer: 5.10.2.2.1 Within 60 (i) as soon as available and in any event within 90 days after (or next succeeding Business Day if the end of each fiscal quarter, duplicate copies of the balance sheet and a consolidated statement of earnings of the Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to the end last day of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days period is not a Business Day) after the end of each fiscal year, duplicate copies a copy of the audited consolidated financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor for such year for MFN and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statementsSubsidiaries, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail certified, without qualification by Independent Accountants acceptable to the Initial Purchaser and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, Insurer which opinion certificate shall state that such financial statements have been prepared fairly present the financial condition of MFN and its consolidated Subsidiaries in accordance with Generally Accepted Accounting Principles GAAP, consistently applied, as of and for the fiscal year then ended, and each other report or statement sent to shareholders or publicly filed by MFN; (ii) as soon as available and in any event within 45 days (or next succeeding Business Day if the last day of such period is not a Business Day) after the end of each of the first three quarters of each fiscal year of MFN, a consolidated balance sheet of MFN and its consolidated Subsidiaries as of the end of such quarter and including the prior comparable period, and a consolidated statement of income and of cash flow of MFN and its consolidated Subsidiaries for such quarter and for the period commencing at the end of the previous fiscal year and ending with the end of such quarter, certified by the chief financial officer or chief accounting officer of MFN identifying such documents as being the documents described in this paragraph (ii) and stating that the examination information set forth therein fairly presents the financial condition of such accountants in connection with such financial statements has been made MFN and its consolidated Subsidiaries in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from consistently applied, as of and for the certified public accountant periods then ended, subject to year-end adjustments consisting only of the applicable entitynormal, discussing the areas of recurring accruals; (iii) as soon as available, any letters prepared by MFN's Accountants addressed to MFN's management regarding the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request and internal controls of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may beMFN. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor Section 7 of the Business Loan Agreement dated December 20, 2005 shall deliver be deleted in its entirety and replaced with the following: Financial Statements. Borrower will furnish to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowBank: 5.10.2.2.1 Within 60 (a) as soon as available to Borrower, but in any event within 45 days after the end close of each quarterly period of its fiscal quarteryear, duplicate copies a full and complete signed copy of financial statements, which shall include a balance sheet of the balance sheet and a consolidated statement of earnings of the Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to Borrower, as at the end of such quarter, setting forth in comparative form and statement of profit and loss of the figures for Borrower reflecting the corresponding periods results of its operations during such quarter and shall be prepared by the previous fiscal year, all in reasonable detail Borrower and certified by Borrower's chief financial officer as complete and correctto correctness in accordance with generally accepted accounting principles, consistently applied, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within (b) as soon as available to Borrower, but in any event within 120 days after the end close of each fiscal year, duplicate copies a full and complete signed copy of the financial statements (statements, prepared by certified public accountants acceptable to Bank, which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries Borrower, as at the end of such year, statement of cash flows and statements statement of earnings, changes in financial position profit and loss of the Guarantor and Borrower reflecting the results of its consolidated subsidiaries for operations during such year, and all related notes to bearing the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such certified public accountants in connection with such financial statements has been made and prepared on an audited basis in accordance with generally accepted auditing standardsaccounting principles, and accordinglyconsistently applied together with any so-called management letter; (c) Upon each advance Borrower shall provide to Bank, included such tests of an Accounts Receivable aging report in form satisfactory to Bank showing the accounting records total amount due from each account debtor, the month in which each Account Receivable was created, as well as an Accounts Payable aging report and such other auditing procedures information as were considered necessary in Bank shall request; (d) Borrower's filed Federal tax returns, including all schedules thereto, for the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant prior year within 150 days of the applicable entity, discussing end of Borrower's Fiscal Year each such year or by such other date approved by the areas Bank; (e) within 45 days after end of each quarter Borrower shall deliver Contract Backlog in form satisfactory to the Bank; (f) within 45 days after end of each quarter Borrower shall deliver Compliance Certificate in form satisfactory to the Bank; (g) Upon each advance Borrower shall provide to Bank shall deliver Borrowing Base Certificate in form satisfactory to the Bank; (h) Within 30 days of fiscal year end of the Borrower, an annual budget projection to include income statement and balance sheet for the following fiscal year. (i) from time to time, such financial statements that would be affected by a conversion to U.S. GAAP is requireddata and information about Borrower as Bank may reasonably request; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other (j) any financial statements data and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) about any guarantors of the Exchange Act, to be provided to TxDOT Obligations as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case Bank may bereasonably request. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowThe Initial Guarantor will: 5.10.2.2.1 Within 60 (a) make available its Form 10-K via the ▇▇▇▇▇ system of the SEC (“▇▇▇▇▇”) on the internet as soon as available and in any event within 90 days after the end of each fiscal quarter, duplicate copies year of the Initial Guarantor, which will in each case include an audited consolidated balance sheet and a consolidated statement of earnings of the Initial Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning Subsidiaries as of the then current fiscal year to the end of such quarterfiscal year and the related audited consolidated statements of income, setting forth cash flows and changes in comparative form the figures common stockholders’ equity for the corresponding periods during the previous such fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all reported on in reasonable detail and accompanied a manner acceptable to the SEC by an opinion thereon of an Ernst & Young LLP or other independent public accountant accountants of nationally recognized national standing selected by standing; (b) make available its Form 10-Q via ▇▇▇▇▇ on the internet as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year of the Initial Guarantor, which opinion shall state that will, in each case, include a consolidated balance sheet of the Initial Guarantor and its Subsidiaries, as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the Initial Guarantor’s fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the Initial Guarantor’s fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the Initial Guarantor’s previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the Initial Guarantor’s previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the Initial Guarantor’s previous fiscal year, the making available of such financial statements have been prepared shall constitute a certification (subject to normal year-end adjustments) as to fairness of presentation and GAAP; (c) furnish to the Administrative Agent within 10 Business Days of making available via ▇▇▇▇▇ each set of financial statements referred to in accordance clauses (a) and (b) above, a certificate of a Financial Officer of the Initial Guarantor (i) stating whether there exists on the date of such certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which the Borrower or the Initial Guarantor is taking or proposes to take with Generally Accepted Accounting Principles consistently appliedrespect thereto, and that the examination of such accountants in connection (ii) setting forth reasonably detailed calculations demonstrating compliance with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.Section 6.1

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified below: 5.10.2.2.1 Within 60 days after the end of the second fiscal quarter of each fiscal quarteryear of the reporting entity, duplicate copies of the balance sheet and a consolidated statement of earnings of the Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal yearyear of the reporting entity, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.2.4 If there is no Guarantor, DB Contractor shall deliver the information and certifications described in Sections 5.10.2.2.1 through 5.10.2.2.3 for DB Contractor and its Equity Members, as applicable. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web. 5.10.2.6 DB Contractor shall report the Tangible Net Worth of DB Contractor, its Equity Members, and Guarantors, if any, to TxDOT, on or before May 1 and November 1 of each year during the Maintenance Period by means of certifications by the chief financial officers of the DB Contractor, its Equity Members and any Guarantors, as applicable. One certification shall reflect the Tangible Net Worth calculated as of the end of the fiscal year of the reporting entities based on information reported in Section 5.10.2.2.2, or, if the reporting entities have different fiscal years, as of December 31; and one certification shall reflect the Tangible Net Worth calculated as of the end of the most recently closed fiscal reporting period. 5.10.2.7 If at any time during the Maintenance Term, the total combined Tangible Net Worth of DB Contractor, its Equity Members (as applicable) and any Guarantors, is less than the Minimum Tangible Net Worth Requirement, TxDOT shall have the right to require DB Contractor to provide one or more guarantees from a Guarantor acceptable to TxDOT so that the combined Tangible Net Worth of DB Contractor, its Equity Members (as applicable) and any Guarantors is at least equal to the Minimum Tangible Net Worth Requirement. Each such guaranty shall be in the form attached as Exhibit 6 to the CMA, together with appropriate evidence of authorization, execution, delivery and validity thereof, and shall guarantee the Guaranteed Obligations.

Financial Reporting Requirements. 5.10.2.1 DB Contractor The Company shall deliver furnish to TxDOT financial and narrative reportsthe Subscriber all of the following information, statements, certifications, budgets and information as and when all of which is also required to be delivered under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowSenior Credit Facility: 5.10.2.2.1 Within 60 (A) as soon as available, but in any event within 90 days after the end of each fiscal quarter, duplicate copies year of the Company, a copy of the audited consolidated balance sheet and a consolidated statement of earnings of the Guarantor Company and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified Subsidiaries as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, year and the related audited consolidated statements of earnings, changes in financial position of the Guarantor income and its consolidated subsidiaries cash flows for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures as of the end of and for the previous year, reported on without qualification or exception, by PricewaterhouseCoopers LLP or other independent certified public accountants of nationally recognized standing; (B) as soon as available, but in any event not later than 45 days after the end of each quarterly period of each fiscal yearyear of the Company, the unaudited consolidated and consolidating balance sheets of the Company and its consolidated Subsidiaries as at the end of such quarter and the related unaudited consolidated and consolidating statements of income and cash flows for such quarter and the portion of the fiscal year through the end of such quarter (provided that no such consolidating statements of cash flows shall be required for the fiscal quarter ended June 30, 2000), setting forth in each case in comparative form the figures as of the end of and for the corresponding period in the previous year and a comparison of such figures to the budget with respect to such period previously delivered to the Subscriber, certified by the chief financial officer of the Company as being fairly stated in all material respects (subject to normal year-end audit adjustments) and a narrative discussion and analysis of the financial condition and results of operations of the Company and its Subsidiaries for such fiscal quarter and for the period from the beginning of the then-current fiscal year to the end of such fiscal quarter, as compared to the portion of the Projections covering such period and to the comparable periods of the previous year and to its budget with respect to such period previously delivered to the Subscriber; and (C) as soon as available, but in any event not later than 45 days after the end of each month occurring during each fiscal year of the Company (other than the third, sixth, ninth and twelfth such month), the unaudited consolidated and consolidating balance sheets of the Company and its Subsidiaries as at the end of such month and the related unaudited consolidated and consolidating statements of income and cash flows for such month and the portion of the fiscal year through the end of such month, setting forth in each case in comparative form the figures as of the end of and for the corresponding period in the previous year and a comparison of such figures to the budget with respect to such period previously delivered to the Subscriber, certified by the Company's chief financial officer as being fairly stated in all material respects (subject to normal year-end audit adjustments); provided, that no such consolidating information shall be required for the first fiscal year following the Closing and no such consolidating statements of cash flows shall be required pursuant to this paragraph at any time; all such financial statements to be complete and correct in all material respects and to be prepared in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles GAAP applied consistently applied, throughout the periods reflected therein and that the examination of with prior periods (except as approved by such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commissionofficer, as the case may be, and disclosed therein). 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause (D) concurrently with the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality delivery of the foregoingfinancial statements referred to in paragraphs (A) through (C) above, DB Contractor shall provide a copy of any certificates of the chief financial officer of the Company and/or the independent certified public accountants reporting on such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as financial statements which are delivered pursuant to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.Senior Credit Facility;

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified below: 5.10.2.2.1 Within 60 days after the end of the second fiscal quarter of each fiscal quarteryear of the reporting entity, duplicate copies of the balance sheet and a consolidated statement of earnings of the Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal yearyear of the reporting entity, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.2.4 If there is no Guarantor, DB Contractor shall deliver the information and certifications described in Sections 5.10.2.2.1 through 5.10.2.2.3 for DB Contractor and its Equity Members, as applicable. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web. 5.10.2.6 DB Contractor shall report the Tangible Net Worth of DB Contractor, its Equity Members, and Guarantors, if any, to TxDOT, on or before May 1 and November 1 of each year during the Maintenance Period by means of certifications by the chief financial officers of the DB Contractor, its Equity Members and any Guarantors, as applicable. One certification shall reflect the Tangible Net Worth calculated as of the end of the fiscal year of the reporting entities based on information reported in Section 5.10.2.2.2, or, if the reporting entities have different fiscal years, as of December 31; and one certification shall reflect the Tangible Net Worth calculated as of the end of the most recently closed fiscal reporting period. 5.10.2.7 If at any time during the Maintenance Term, the total combined Tangible Net Worth of DB Contractor, its Equity Members (as applicable) and any Guarantors, is less than the Minimum Tangible Net Worth Requirement, DB Contractor shall provide one or more guarantees from a Guarantor acceptable to TxDOT so that the combined Tangible Net Worth of DB Contractor, its Equity Members (as applicable) and any Guarantors is at least equal to the Minimum Tangible Net Worth Requirement. Each such guaranty shall be in the form attached as Exhibit 6 to the CMA, together with appropriate evidence of authorization, execution, delivery and validity thereof, and shall guarantee the Guaranteed Obligations.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowThe Initial Guarantor will: 5.10.2.2.1 Within 60 (a) make available its Form 10-K via the ▇▇▇▇▇ system of the SEC (“▇▇▇▇▇”) on the internet as soon as available and in any event within 90 days after the end of each fiscal quarter, duplicate copies year of the Initial Guarantor, which will in each case include an audited consolidated balance sheet and a consolidated statement of earnings of the Initial Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning Subsidiaries as of the then current fiscal year to the end of such quarterfiscal year and the related audited consolidated statements of income, setting forth cash flows and changes in comparative form the figures common stockholders’ equity for the corresponding periods during the previous such fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all reported on in reasonable detail and accompanied a manner acceptable to the SEC by an opinion thereon of an ▇▇▇▇▇ & ▇▇▇▇▇ LLP or other independent public accountant accountants of nationally recognized national standing selected by standing; (b) make available its Form 10-Q via ▇▇▇▇▇ on the internet as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year of the Initial Guarantor, which opinion shall state that will, in each case, include a consolidated balance sheet of the Initial Guarantor and its Subsidiaries, as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the Initial Guarantor’s fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the Initial Guarantor’s fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the Initial Guarantor’s previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the Initial Guarantor’s previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the Initial Guarantor’s previous fiscal year, the making available of such financial statements have been prepared shall constitute a certification (subject to normal year-end adjustments) as to fairness of presentation and GAAP; (c) furnish to the Administrative Agent within 10 Business Days of making available via ▇▇▇▇▇ each set of financial statements referred to in accordance clauses (a) and (b) above, a certificate of a Financial Officer of the Initial Guarantor (i) stating whether there exists on the date of such certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which the Borrower or the Initial Guarantor is taking or proposes to take with Generally Accepted Accounting Principles consistently appliedrespect thereto, and that the examination of such accountants in connection (ii) setting forth reasonably detailed calculations demonstrating compliance with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.Section 6.1

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents.The LLC will: 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related (a) furnish to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following Administrative Agent and each Lender fiscal year audited financial statements for each Guarantor, at or make available its Annual Report on Form 10-K via the times specified below: 5.10.2.2.1 Within 60 days after the end of each fiscal quarter, duplicate copies EDGA▇ ▇▇▇tem of the balance sheet Securities and a consolidated statement of earnings of Exchange Commission ("EDGA▇") ▇n the Guarantor Internet, in either case, as soon as available and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within any event within 120 days after the end of each fiscal year, duplicate copies year of the LLC, which fiscal year audited financial statements (which shall will include a an audited consolidated balance sheet and a consolidated statement of financial condition of the Guarantor LLC and its consolidated subsidiaries at Subsidiaries as of the end of such year, fiscal year and the related audited consolidated statements of earnings, income and cash flows and changes in financial position of the Guarantor and its consolidated subsidiaries members' capital for such fiscal year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied reported on by an opinion thereon of an independent public accountant accountants of nationally recognized national standing selected by standing; (b) furnish to the GuarantorAdministrative Agent and each Lender unaudited quarterly financial statements or make available its Quarterly Report on Form 10-Q via EDGA▇ ▇▇ the Internet, in either case, as soon as available and in any event within 60 days after the 35 31 end of each of the first three quarters of each fiscal year of the LLC, which opinion shall state that unaudited quarterly financial statements will include a consolidated balance sheet of the LLC and its consolidated Subsidiaries as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the LLC's fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the LLC's fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the LLC's previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the LLC's previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the LLC's previous fiscal year, the furnishing or making available of such financial statements have been prepared shall constitute a certification (subject to normal year-end adjustments) as to fairness of presentation and GAAP; (c) furnish to the Administrative Agent and each Lender within 10 days of so furnishing or making available via EDGA▇ ▇▇▇h set of financial statements referred to in accordance with Generally Accepted Accounting Principles consistently appliedclause (a) above, and that a certificate of the examination chief financial officer, Treasurer or the chief accounting officer of the LLC stating whether there exists on the date of such accountants in connection certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which such Borrower is taking or proposes to take with respect thereto; (d) furnish to the Administrative Agent from time to time such additional information regarding the financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests position or business of the accounting records Borrowers and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, their Subsidiaries as the case Administrative Agent may bereasonably request. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 21.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC DBA Documents. 5.10.2.2 21.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services Work or the CMC DBA Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified below: 5.10.2.2.1 21.2.2.1. Within 60 days after the end of each fiscal quarter, duplicate copies of the balance sheet and a consolidated statement of earnings of the Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 21.2.2.2. Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; andthan 5.10.2.2.3 21.2.2.3. Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may be.Sections 5.10.2.3 21.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 21.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or State of Texas and/or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 21.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 21.2.3 and 5.10.2.4 21.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents.The LLC will: 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related (a) furnish to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following Administrative Agent and each Lender fiscal year audited financial statements for each Guarantor, at or make available its Annual Report on Form 10-K via the times specified below: 5.10.2.2.1 Within 60 days after the end of each fiscal quarter, duplicate copies EDGA▇ ▇▇▇tem of the balance sheet Securities and a consolidated statement of earnings of Exchange Commission ("EDGA▇") ▇n the Guarantor Internet, in either case, as soon as available and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within any event within 120 days after the end of each fiscal year, duplicate copies year of the LLC, which fiscal year audited financial statements (which shall will include a an audited consolidated balance sheet and a consolidated statement of financial condition of the Guarantor LLC and its consolidated subsidiaries at Subsidiaries as of the end of such year, fiscal year and the related audited consolidated statements of earnings, income and cash flows and changes in financial position of the Guarantor and its consolidated subsidiaries members' capital for such fiscal year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied reported on by an opinion thereon of an independent public accountant accountants of nationally recognized national standing selected by standing; (b) furnish to the GuarantorAdministrative Agent and each Lender unaudited quarterly financial statements or make available its Quarterly Report on Form 10-Q via EDGA▇ ▇▇ -30- 35 the Internet, in either case, as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year of the LLC, which opinion shall state that unaudited quarterly financial statements will include a consolidated balance sheet of the LLC and its consolidated Subsidiaries as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the LLC's fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the LLC's fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the LLC's previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the LLC's previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the LLC's previous fiscal year, the furnishing or making available of such financial statements have been prepared shall constitute a certification (subject to normal year-end adjustments) as to fairness of presentation and GAAP; (c) furnish to the Administrative Agent and each Lender within 10 days of so furnishing or making available via EDGA▇ ▇▇▇h set of financial statements referred to in accordance with Generally Accepted Accounting Principles consistently appliedclause (a) above, and that a certificate of the examination chief financial officer, Treasurer or the chief accounting officer of the LLC stating whether there exists on the date of such accountants in connection certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which such Borrower is taking or proposes to take with respect thereto; (d) furnish to the Administrative Agent from time to time such additional information regarding the financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests position or business of the accounting records Borrowers and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, their Subsidiaries as the case Administrative Agent may bereasonably request. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 21.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC DBC Documents. 5.10.2.2 21.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services Work or the CMC DBC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified below: 5.10.2.2.1 21.2.2.1. Within 60 days after the end of each fiscal quarter, duplicate copies of the balance sheet and a consolidated statement of earnings of the Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 21.2.2.2. Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 21.2.2.3. Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s 's shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.3 21.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished.DB 5.10.2.4 21.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or State of Texas and/or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 21.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 21.2.3 and 5.10.2.4 21.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowThe Borrower will: 5.10.2.2.1 Within 60 (a) make available its Form 10-K via the ▇▇▇▇▇ system of the SEC ("▇▇▇▇▇") on the internet as soon as available and in any event within 90 days after the end of each fiscal quarter, duplicate copies year of the Borrower, which will in each case include an audited consolidated balance sheet and a consolidated statement of earnings of the Guarantor Borrower and its consolidated subsidiaries for such quarter and for the period from the beginning Subsidiaries as of the then current fiscal year to the end of such quarterfiscal year and the related audited consolidated statements of income, setting forth cash flows and changes in comparative form the figures common stockholders' equity for the corresponding periods during the previous such fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all reported on in reasonable detail and accompanied a manner acceptable to the SEC by an opinion thereon of an Ernst & Young LLP or other independent public accountant accountants of nationally recognized national standing selected by standing; (b) make available its Form 10-Q via ▇▇▇▇▇ on the Guarantorinternet as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year of the Borrower, which opinion shall state that will, in each case, include a consolidated balance sheet of the Borrower and its Subsidiaries, as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the Borrower's fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the Borrower's fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the Borrower's previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the Borrower's previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the Borrower's previous fiscal year, the making available of such financial statements shall constitute a certification (subject to normal year-end adjustments) as to fairness of presentation and GAAP; (c) furnish to the Administrative Agent within 10 Business Days of making available via ▇▇▇▇▇ each set of financial statements referred to in clauses (a) and (b) above, a certificate of a Financial Officer of the Borrower (i) stating whether there exists on the date of such certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which the Borrower is taking or proposes to take with respect thereto, and (ii) setting forth reasonably detailed calculations demonstrating compliance with Section 6.1(u) and Section 6.3(a); (d) furnish to the Administrative Agent a copy of all documents filed by the Borrower or any Subsidiary with the SEC; provided that such documents shall be deemed to have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that furnished on the examination of such accountants in connection with such financial statements has been date when made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is requiredavailable via ▇▇▇▇▇; and 5.10.2.2.3 Upon request (e) furnish to the Administrative Agent from time to time such additional information regarding the operations, business affairs and financial condition of TxDOT for particular fiscal quartersthe Borrower or any Subsidiary, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor or compliance with the Securities Exchange Commission under Sections 13, 14 or 15(d) terms of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commissionthis Agreement, as the case may be. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA Administrative Agent or any other Governmental Entity with jurisdiction over Lender through the ProjectAdministrative Agent may reasonably request. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor (a) The Borrowers shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or and/or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related delivered to the Project, Lender and MPIC Provider the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowfollowing: 5.10.2.2.1 (i) Within 60 30 days after the end of each quarterly fiscal quarter, duplicate copies period (commencing with the first quarterly fiscal period in which this Agreement is executed and continuing until all of the Obligations of the Borrowers to the Lender are fully paid and satisfied), a consolidated and consolidating set of unaudited financial statements of the Borrowers, the Policy Subsidiary and the General Partner and prepared in accordance with (a) the German Commercial Code or (b) GAAP or IFRS, as applicable, for the preceding quarterly fiscal period. Such financial statements shall include a balance sheet and a consolidated statement of earnings of the Guarantor Borrowers, the General Partner and its the Policy Subsidiary and the related consolidated subsidiaries for such quarter and for the period from the beginning consolidating statements of the then current fiscal year to the end of such quarterincome, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail stockholder’s equity and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantorcash flows; 5.10.2.2.2 (ii) Within 120 days after the end of each fiscal year, duplicate copies year of the Borrowers (commencing with the fiscal year in which this Agreement is executed and continuing until all of the Obligations of the Borrowers to the Lender are fully paid and satisfied), a consolidated and consolidating set of audited financial statements of the Borrowers, the Policy Subsidiary and the General Partner reviewed by an independent certified public accountant and prepared in accordance with (which a) the German Commercial Code or (b) GAAP or IFRS, as applicable, as of the end of such fiscal year. Such financial statements shall include a balance sheet and a the related consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and consolidating statements of earningsincome, changes in financial position of the Guarantor stockholder’s equity and its consolidated subsidiaries cash flows thereof for such year, and all related notes to shall include a statement of their examination and stating whether their examination has disclosed the financial statementsexistence of any condition or event which constitutes (or would after notice or lapse of time, setting forth in each case in comparative form the figures for the previous fiscal year)or both, all in reasonable detail and accompanied by constitute) an opinion thereon Event of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently appliedDefault, and that if so, specifying the examination nature and period of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is requiredexistence thereof; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other (iii) Such additional financial statements and or information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange ActBorrowers, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with Policy Subsidiary and the Securities and Exchange Commission, General Partner as the case may beLender or MPIC Provider shall reasonably require. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver to TxDOT financial The Borrower will: 56 (a) make available its Form 10-K via the ▇▇▇▇▇ system of the SEC (“▇▇▇▇▇”) on the internet as soon as available and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for in any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified below: 5.10.2.2.1 Within 60 event within 90 days after the end of each fiscal quarter, duplicate copies year of the Borrower, which will in each case include an audited consolidated balance sheet and a consolidated statement of earnings of the Guarantor Borrower and its consolidated subsidiaries for such quarter and for the period from the beginning Subsidiaries as of the then current fiscal year to the end of such quarterfiscal year and the related audited consolidated statements of income, setting forth cash flows and changes in comparative form the figures common stockholders’ equity for the corresponding periods during the previous such fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all reported on in reasonable detail and accompanied a manner acceptable to the SEC by an opinion thereon of an Ernst & Young LLP or other independent public accountant accountants of nationally recognized national standing selected by standing; (b) make available its Form 10-Q via ▇▇▇▇▇ on the Guarantorinternet as soon as available and in any event within 60 days after the end of each of the first three quarters of each fiscal year of the Borrower, which opinion shall state that will, in each case, include a consolidated balance sheet of the Borrower and its Subsidiaries, as of the end of such quarter and the related (i) consolidated statement of income for such quarter and for the portion of the Borrower’s fiscal year ended at the end of such quarter, and (ii) consolidated statement of cash flows for the portion of the Borrower’s fiscal year ended at the end of such quarter, setting forth in each case in comparative form (A) for the consolidated balance sheet, the figures as of the end of the Borrower’s previous fiscal year, (B) for the consolidated statement of income, the figures for the corresponding quarter and the corresponding portion of the Borrower’s previous fiscal year and (C) for the consolidated statement of cash flows, the figures for the corresponding portion of the Borrower’s previous fiscal year, the making available of such financial statements have been prepared shall constitute a certification (subject to normal year-end adjustments) as to fairness of presentation and GAAP; (c) furnish to the Administrative Agent within 10 Business Days of making available via ▇▇▇▇▇ each set of financial statements referred to in accordance clauses (a) and (b) above, a certificate of a Financial Officer of the Borrower (i) stating whether there exists on the date of such certificate any Default or Event of Default and, if any Default or Event of Default then exists, setting forth the details thereof and the action which the Borrower is taking or proposes to take with Generally Accepted Accounting Principles consistently appliedrespect thereto, and that the examination of such accountants in connection (ii) setting forth reasonably detailed calculations demonstrating compliance with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.Section 6.1

Financial Reporting Requirements. 5.10.2.1 21.2.1 DB Contractor shall deliver to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC DBA Documents. 5.10.2.2 21.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services Work or the CMC DBA Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified below: 5.10.2.2.1 21.2.2.1. Within 60 days after the end of each fiscal quarter, duplicate copies of the balance sheet and a consolidated statement of earnings of the Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning of the then current fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor;periods 5.10.2.2.2 21.2.2.2. Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a balance sheet and a consolidated statement of financial condition of the Guarantor and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; andthan 5.10.2.2.3 21.2.2.3. Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s 's shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.3 21.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 21.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or State of Texas and/or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 21.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 21.2.3 and 5.10.2.4 21.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor The Borrower shall deliver to TxDOT the Bank (1) within 90 days after the close of each of its fiscal years, audited financial statements of the Borrower, prepared in accordance with GAAP, including a balance sheet, income statement, statements of stockholders' equity and narrative reportsof cash flows, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related prepared by an independent certified public accounting firm acceptable to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified below: 5.10.2.2.1 Within 60 Bank and accompanied by an unqualified opinion of such firm; (2) within 30 days after the end of each fiscal quarter, duplicate copies calendar month (I) unaudited financial statements of the Borrower, including a balance sheet and income statement, prepared in accordance with GAAP, except as it relates to the Borrower's practice of accruing undeclared dividends, (ii) an appropriately completed Borrowing Base Certificate setting forth a consolidated statement of earnings calculation of the Guarantor and its consolidated subsidiaries for such quarter and for the period from the beginning Borrowing Base as of the then current fiscal year to the end of such quarterthe preceding calendar month, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer (iii) agings of accounts receivable of the Guarantor; 5.10.2.2.2 Within 120 Borrower, and (iv) a report listing by contract any Billings in Excess of Cost and Cost in Excess of Billings for work under the Borrower's contracts; (3) within 30 days after the end of each fiscal yearcalendar quarter, duplicate a Covenant Compliance Certificate of the Borrower's chief financial officer and status and backlog reports relating to the Borrower's contracts; (4) promptly upon receipt, copies of any reports submitted to the Borrower by its independent certified public accountants in connection with examinations of the Borrower's financial statements statements; and (which shall include a balance sheet and a consolidated statement of 5) such other information concerning the Collateral or the financial condition of the Guarantor and its consolidated subsidiaries at Borrower as the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes Bank from time to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures as were considered necessary in the circumstancestime may reasonably request. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other All financial statements and information reported reports shall be in form and detail acceptable to the Bank and shall be certified to be accurate by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) a duly authorized officer of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may beBorrower. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor The Company shall use reasonable best efforts to (i) deliver the financial information set forth below to TxDOT financial Harbinger and narrative reports, statements, certifications, budgets and information as and when Pinnacle (A) sufficiently prior to the applicable periodic reporting deadlines required under the CMC Documents. 5.10.2.2 DB Contractor shall furnishExchange Act so as to provide Pinnacle a reasonable amount of time in which to properly record, or cause to be furnished, to TxDOT process and summarize such information in its filings with the SEC, but in no event will such information be delivered to Pinnacle later than the dates set forth below, and statements (B) in such form as TxDOT may reasonably request from time requested by Pinnacle to time comply with PEI’s Exchange Act reporting obligations, which shall mean, at a minimum, that the financial information shall either be presented in U.S. GAAP or in a manner to permit PEI to convert such information into U.S. GAAP without incurring material cost or delay, and (ii) make such financial information available to Harbinger’s or PEI’s outside independent auditor for examination, audit, inspection, and copying at any purpose related time, subject to Section 2.3(a): (i) Monthly, unaudited management reports, within 30 days after the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following end of each month; (ii) Quarterly unaudited consolidated financial statements for each Guarantorof the Company, at the times specified below: 5.10.2.2.1 Within 60 within 40 days after the end of each fiscal quarter, duplicate copies quarter (and with respect to the quarterly unaudited financial statements of the balance sheet Company for the fiscal quarter ended June 30, 2011, such information shall be provided to Pinnacle by August 15, 2011 on a preliminary basis and by October 6, 2011 in final form reflecting all audit adjustments in the 2010 audited financial statements), and if not made available by such dates, the Company shall provide to Pinnacle on a timely basis access to the auditor’s work papers and any and all proposed, recorded and past audit adjustments); (iii) Annual consolidated statement of earnings financial statements of the Guarantor and its consolidated subsidiaries for such quarter and for Company accompanied by the period from the beginning audit report of the then current fiscal year to the end of such quarter, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 auditor within 90 days after the end of each fiscal year, duplicate copies year (and with respect to the annual consolidated financial statements and audit report of the Company for the year ended December 31, 2010, such information shall be provided to Pinnacle by October 6, 2011, and if not made available by such date, the Company shall provide to Pinnacle on a timely basis access to the auditor’s work papers and any and all proposed, recorded and past audit adjustments); and (iv) Such non-consolidated financial statements (which shall include a balance sheet and a consolidated statement of reports as may be requested by Harbinger, acting reasonably; provided, however, that in the event that PEI reports financial condition of the Guarantor results and its consolidated subsidiaries at the end of such year, and statements of earnings, changes in financial position of the Guarantor Company as a consolidated subsidiary, then the Company shall use commercially reasonable efforts to provide the foregoing financial information and its consolidated subsidiaries for access to PEI’s independent outside auditor on such year, and all related notes to the financial statements, setting forth in each case in comparative form the figures for the previous fiscal year), all in reasonable detail and accompanied by an opinion thereon of an independent public accountant of recognized national standing selected by the Guarantor, which opinion shall state that such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently applied, and that the examination of such accountants in connection with such financial statements has been made in accordance with generally accepted auditing standards, and accordingly, included such tests of the accounting records and such other auditing procedures shorter time frames as were considered necessary in the circumstances. If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the Pinnacle may reasonably specify taking into account PEI’s applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is required; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission periodic reporting obligations under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as to the correctness, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentation, reports or analysis required by the State, FHWA or any other Governmental Entity with jurisdiction over the Project. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.

Financial Reporting Requirements. 5.10.2.1 DB Contractor shall deliver Furnish to TxDOT financial and narrative reports, statements, certifications, budgets and information as and when required under the CMC Documents. 5.10.2.2 DB Contractor shall furnish, or cause to be furnished, to TxDOT such information and statements as TxDOT may reasonably request from time to time for any purpose related to the Project, the Maintenance Services or the CMC Documents. In addition, DB Contractor shall deliver to TxDOT the following financial statements for each Guarantor, at the times specified belowBank: 5.10.2.2.1 Within 60 (a) As soon as available, but in no event more than thirty (30) days after the end of each fiscal quarterquarterly accounting period of Borrower, duplicate copies of the balance sheet and a consolidated statement of consolidating and consolidated income and retained earnings and changes in consolidated financial position of the Guarantor and its consolidated subsidiaries Borrower for such quarter period and for the period from the beginning of the then current fiscal year of Borrower to the end of such quarterperiod, setting forth in comparative form the figures for the corresponding periods during the previous fiscal year, all in reasonable detail and certified as complete a consolidating and correct, subject to changes resulting from year-end adjustments, by the chief financial officer of the Guarantor; 5.10.2.2.2 Within 120 days after the end of each fiscal year, duplicate copies of the financial statements (which shall include a consolidated balance sheet and a consolidated statement of financial condition of the Guarantor Borrower and its consolidated subsidiaries Subsidiaries, if any, as at the end of such year, and statements of earnings, changes in financial position of the Guarantor and its consolidated subsidiaries for such year, and all related notes to the financial statementsperiod, setting forth in each case in comparative form the figures for the previous corresponding periods in the preceding fiscal year)year of Borrower, all in reasonable form and detail satisfactory to Bank, which fairly represents the financial condition of the Borrower, certified by the principal financial officer of Borrower and accompanied by a certificate of that officer stating whether any event has occurred which constitutes an opinion thereon Event of Default or which could constitute an independent public accountant Event of recognized national standing selected by Default with the Guarantorgiving of notice and/or the lapse of time and, which opinion shall state that if so, stating the facts with respect thereto. (b) As soon as available and in any event within one hundred twenty (120) days after the end of each fiscal year of Borrower, a statement of consolidating and consolidated income and retained earnings and changes in consolidated financial position of Borrower and its Subsidiaries, if any, for such financial statements have been prepared in accordance with Generally Accepted Accounting Principles consistently appliedyear, and that a consolidating and consolidated balance sheet of Borrower and its Subsidiaries, if any, as at the examination end of such accountants year, setting forth in connection with such financial statements has been made each case in comparative form corresponding figures for the preceding fiscal year of Borrower, all in form and detail satisfactory to Bank, audited in accordance with generally accepted auditing standards, accounting principles consistently applied by independent certified public accountants satisfactory to Bank and accordingly, included such tests accompanied by a Certificate of the accounting records and such other auditing procedures as were considered necessary in Chief Financial Officer of Borrower stating whether any event has occurred which constitutes an Event of Default or which could constitute an Event of Default with the circumstances. If financial statements are prepared in accordance giving of notice and/or the lapse of time and, if so, stating the facts with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP is requiredrespect thereto; and 5.10.2.2.3 Upon request of TxDOT for particular fiscal quarters(c) On a bi-monthly basis, copies of all other financial statements and information reported by the Guarantor to its shareholders generally and of all reports filed by the Guarantor with the Securities Exchange Commission under Sections 13, 14 or 15(d) of the Exchange Act, to be provided to TxDOT as soon as practicable after furnishing such information Borrower shall deliver to the Guarantor’s shareholders or filing such reports with the Securities and Exchange Commission, as the case may be. 5.10.2.3 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as determined necessary or desirable by TxDOT in connection with any Project financing. Without limiting the generality of the foregoing, DB Contractor shall provide such information deemed necessary or desirable by TxDOT for inclusion in TxDOT’s securities disclosure documents and in order to comply with Securities and Exchange Commission Rule 15c2-12 regarding certain periodic information and notice of material events. DB Contractor shall provide customary representations and warranties to TxDOT and the capital markets as Bank evidence satisfactory to the correctnessbank that the payments owed to Merchants Terminal Corporation are current; and (d) Such other information, completeness and accuracy of any information furnished. 5.10.2.4 DB Contractor shall cooperate and provide, and shall cause the Subcontractors to cooperate and provide, such information as is necessary or requested by TxDOT to assist or facilitate the submission by TxDOT of any documentationtax returns, reports or analysis required by statements concerning the Stateoperations, FHWA or any other Governmental Entity with jurisdiction over the Projectbusiness affairs and/or financial condition of Borrower and its Subsidiaries, if any, as Bank may reasonably request from time to time. 5.10.2.5 All reports and information delivered by DB Contractor under Sections 5.10.2.3 and 5.10.2.4 shall also be delivered electronically, to the extent electronic files exist, and be suitable for posting on the web.