Common use of Initial Maintenance Term Clause in Contracts

Initial Maintenance Term. 4.1.1 TxDOT, in its sole and absolute discretion, shall have the option to enforce this Comprehensive Maintenance Agreement and initiate the Initial Maintenance Term. If TxDOT elects to exercise such option, the Initial Maintenance Term shall commence upon Substantial Completion of the Project to be constructed in accordance with the Design-Build Agreement (the “Initial Maintenance Term Commencement Date”), and shall continue for a period of five years, unless terminated earlier in accordance with the terms of this Comprehensive Maintenance Agreement. 4.1.2 TxDOT may elect to exercise its option rights for an Initial Maintenance Term by issuing Maintenance NTP1 to Maintenance Contractor on or before 180 Days prior to Substantial Completion of the Project to be constructed under the Design-Build Agreement. If TxDOT does not deliver Maintenance NTP1 to Maintenance Contractor by such date, TxDOT shall be deemed to have elected to terminate this Comprehensive Maintenance Agreement, unless the Parties otherwise agree in writing. TxDOT shall have no liability to Maintenance Contractor for a failure to issue Maintenance NTP1.