Second Maintenance Term Clause Samples

Second Maintenance Term. 4.2.1 TxDOT, in its sole and absolute discretion, shall have the option to extend the term of this Comprehensive Maintenance Agreement for an additional five years (the “Second Maintenance Term”); provided that TxDOT shall not be entitled to exercise the extension option for the Second Maintenance Term if it did not issue Maintenance NTP1. The Second Maintenance Term shall commence as of the expiration of the Initial Maintenance Term and shall continue for a period of five years, unless terminated earlier in accordance with the terms hereof. 4.2.2 TxDOT may elect to exercise its option rights for a Second Maintenance Term by issuing Maintenance NTP2 to Maintenance Contractor on or before 90 Days prior to the scheduled expiration of the Initial Maintenance Term. If TxDOT does not deliver Maintenance NTP2 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 NTP2.

Second Maintenance Term. 4.2.1 TxDOT, in its sole and absolute discretion, shall have the option to extend the term of this Capital Maintenance Agreement for an additional five years (the “Second Maintenance Term”) and may also choose to exercise the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bike/Pedestrian Bridges Option for this additional five years. The Second Maintenance Term shall commence as of the expiration of the Initial Maintenance Term and shall continue for a period of five years, unless terminated earlier in accordance with the terms hereof. 4.2.2 If TxDOT elects to exercise its option rights for a Second Maintenance Term, TxDOT shall issue Maintenance NTP2 on or before 90 Days prior to the scheduled expiration of the Initial Maintenance Term. Upon issuance of Maintenance NTP2, TxDOT shall notify the Maintenance Contractor if it elects to exercise the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bike/Pedestrian Bridges Option to include the maintenance of the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bike/Pedestrian Bridges in the Maintained Elements for the Second Maintenance Term. TxDOT shall not be entitled to exercise the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bike/Pedestrian Bridges Option for the Second Maintenance Term if it did not exercise the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Bike/Pedestrian Bridges Option with respect to the Initial Maintenance Term. TxDOT shall have no liability to Maintenance Contractor for a failure to issue Maintenance NTP2.

Second Maintenance Term. 4.2.1 TxDOT, in its sole and absolute discretion, shall have the option to extend the term of this Capital Maintenance Agreement for an additional five years (the “Second Maintenance Term”). The Second Maintenance Term shall commence as of the expiration of 4.2.2 If TxDOT elects to exercise its option rights for a Second Maintenance Term, TxDOT shall issue Maintenance NTP2 on or before 90 Days prior to the scheduled expiration of the Initial Maintenance Term. TxDOT shall have no liability to Maintenance Contractor for a failure to issue Maintenance NTP2.

Second Maintenance Term. 4.2.1 If TxDOT issues Maintenance NTP1, TxDOT, in its sole and absolute discretion, shall have the option to extend the term of this Capital Maintenance Agreement for an additional five years (the “Second Maintenance Term”). The Second Maintenance Term shall commence as of the expiration of the Initial Maintenance Term and shall continue for a period of five years, unless terminated earlier in accordance with the terms hereof. 4.2.2 If TxDOT elects to exercise its option rights for a Second Maintenance Term, TxDOT shall issue Maintenance NTP2 on or before 90 Days prior to the scheduled expiration of the Initial Maintenance Term. TxDOT shall not be entitled to exercise the extension option for the Second Maintenance Term if it did not issue Maintenance NTP1. TxDOT shall have no liability to Maintenance Contractor for a failure to issue Maintenance NTP2.