Common use of Risk of Loss or Damage; Maintenance and Repair of Work Clause in Contracts

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor shall be responsible for maintenance of the Work and the Site in accordance with Section 19 of the Technical Provisions. Upon Substantial Completion, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice); provided, however, that, upon the issuance of Maintenance NTP1 under the Capital Maintenance Agreement, the Maintenance Contractor shall be responsible for the Maintenance Services pursuant to the terms of the Maintenance Agreement Documents. DB Contractor shall be relieved from responsibility for maintenance of all other portions of the Project completed and accepted at Substantial Completion, except that DB Contractor shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB Contractor’s obligations, under the Capital Maintenance Agreement.

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor shall be responsible for maintenance of the Work and the Project Site in accordance with Section 19 of the Technical ProvisionsProvisions until Final Acceptance unless TxDOT issues Maintenance NTP1 under the Comprehensive Maintenance Agreement. Upon If TxDOT issues Maintenance NTP1 under the Comprehensive Maintenance Agreement, upon Substantial Completion, TxDOT Maintenance Contractor shall assume the maintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice); provided, however, that, upon the issuance of Maintenance NTP1 under the Capital Maintenance Agreement, the Maintenance Contractor shall be responsible for the and provide Maintenance Services pursuant to the terms of the Comprehensive Maintenance Agreement Documents. In such case, DB Contractor shall be relieved from responsibility for maintenance of all other portions of the Project completed and accepted at Substantial Completion, except that DB Contractor shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, parties and (b) maintenance of mitigation sites sites, if any, in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB Contractor’s obligations, under the Capital Maintenance Agreement.Section

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor shall be responsible for maintenance of the Work and the Project Site in accordance with Section 19 of the Technical Provisions. Upon Substantial Completion, TxDOT shall assume the maintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice); provided, however, that, upon the Completion and TxDOT’s issuance of Maintenance NTP1 under the Capital Maintenance AgreementNTP1, the Maintenance DB Contractor shall assume maintenance responsibility and be responsible for the Maintenance Services pursuant to the terms of the Comprehensive Maintenance Agreement Documents. DB Contractor shall be relieved from responsibility for maintenance of all other portions of the Project completed and accepted at Substantial Completion, except that DB Contractor shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB Contractor’s obligations, under the Capital Comprehensive Maintenance Agreement.

Risk of Loss or Damage; Maintenance and Repair of Work. 10.3.1 DB Contractor shall be responsible for maintenance of the Work and the Project Site in accordance with Section 19 of the Technical ProvisionsProvisions until Final Acceptance unless TxDOT issues Maintenance NTP1 under the Comprehensive Maintenance Agreement. Upon If TxDOT issues Maintenance NTP1 under the Comprehensive Maintenance Agreement, upon Substantial Completion, TxDOT Maintenance Contractor shall assume the maintenance obligations (except for landscape maintenance during the establishment period in accordance with Good Industry Practice); provided, however, that, upon the issuance of Maintenance NTP1 under the Capital Maintenance Agreement, the Maintenance Contractor shall be responsible for the and provide Maintenance Services pursuant to the terms of the Comprehensive Maintenance Agreement Documents. In such case, DB Contractor shall be relieved from responsibility for maintenance of all other portions of the Project completed and accepted at Substantial Completion, except that DB Contractor shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, parties and (b) maintenance of mitigation sites sites, if any, in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions Provisions, and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 10.3.1 shall not apply to, or limit DB Contractor’s obligations, under the Capital Comprehensive Maintenance Agreement.