Common use of Subcontractor and Extended Warranties Clause in Contracts

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance Contractor and TxDOT and their respective successors and assigns. Maintenance Contractor assigns to TxDOT all of Maintenance Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which are received by Maintenance Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance Contractor's negligence or failure to comply with the COMA Documents in incorporating material or equipment into the work, Maintenance Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance Contractor’s obligations with respect to the Maintenance Services, and Maintenance Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance Contractor’s obligations under this Comprehensive Maintenance Agreement and the other COMA Documents.

Subcontractor and Extended Warranties. 9.4.1 3.6.3.1 Without in any way derogating the Warranties and Maintenance DB Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance DB Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 93.6. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance DB Contractor and TxDOT and their respective successors and assigns. Maintenance DB Contractor assigns to TxDOT all of Maintenance DB Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which that are received by Maintenance DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance DB Contractor's ’s negligence or failure to comply with the COMA CMC Documents in incorporating material or equipment into the work, Maintenance DB Contractor shall be responsible for correcting such Defect. 9.4.2 3.6.3.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance DB Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance DB Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 3.6.3 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance DB Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.23.6.1.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance DB Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance DB Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 3.6.3.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA CMC Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance DB Contractor’s obligations with respect to the Maintenance Services, and Maintenance DB Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance DB Contractor’s obligations under this Comprehensive Capital Maintenance Agreement Contract and the other COMA CMC Documents.

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance Contractor and TxDOT and their respective successors and assigns. Maintenance Contractor assigns to TxDOT all of Maintenance Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which are received by Maintenance Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance Contractor's negligence or failure to comply with the COMA CMA Documents in incorporating material or equipment into the work, Maintenance Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-re- engineering) or shipping shall be for the account of Maintenance Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA CMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance Contractor’s obligations with respect to the Maintenance Services, and Maintenance Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance Contractor’s obligations under this Comprehensive Capital Maintenance Agreement and the other COMA CMA Documents.

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance DB Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance DB Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: Subcontractors (a) shall be written so as to survive all TxDOT inspections, tests and approvals; , and (b) shall run directly to and be enforceable by Maintenance DB Contractor and TxDOT and their respective successors and assigns. Maintenance DB Contractor assigns to TxDOT all of Maintenance DB Contractor’s rights and interest interests in and to all extended warranties for periods exceeding the applicable Warranty Period which that are received by Maintenance DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance DB Contractor's ’s negligence or failure to comply with the COMA CMA Documents in incorporating material or equipment into the work, Maintenance DB Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance DB Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance DB Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance DB Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance DB Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation obligation, and Maintenance DB Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA CMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance DB Contractor’s obligations with respect to the Maintenance Services, and Maintenance Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance Contractor’s obligations under this Comprehensive Maintenance Agreement and the other COMA Documents.Maintenance

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance DB Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance DB Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: Subcontractors (a) shall be written so as to survive all TxDOT inspections, tests and approvals; , and (b) shall run directly to and be enforceable by Maintenance DB Contractor and TxDOT and their respective successors and assigns. Maintenance DB Contractor assigns to TxDOT all of Maintenance DB Contractor’s rights and interest interests in and to all extended warranties for periods exceeding the applicable Warranty Period which that are received by Maintenance DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance DB Contractor's ’s negligence or failure to comply with the COMA CMA Documents in incorporating material or equipment into the work, Maintenance DB Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance DB Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance DB Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance DB Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance DB Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation obligation, and Maintenance DB Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA CMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance DB Contractor’s obligations with respect to the Maintenance Services, and Maintenance DB Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance DB Contractor’s obligations under this Comprehensive Capital Maintenance Agreement and the other COMA CMA Documents.

Subcontractor and Extended Warranties. 9.4.1 3.7.3.1 Without in any way derogating the Warranties and Maintenance DB Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance DB Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 93.7. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance DB Contractor and TxDOT and their respective successors and assigns. Maintenance DB Contractor assigns to TxDOT all of Maintenance DB Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which that are received by Maintenance DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance DB Contractor's ’s negligence or failure to comply with the COMA CMC Documents in incorporating material or equipment into the work, Maintenance DB Contractor shall be responsible for correcting such Defect. 9.4.2 3.7.3.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance DB Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance DB Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 3.7.3 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance DB Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.23.7.1.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance DB Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance DB Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 3.7.3.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA CMC Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance DB Contractor’s obligations with respect to the Maintenance Services, and Maintenance DB Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance DB Contractor’s obligations under this Comprehensive Capital Maintenance Agreement Contract and the other COMA CMC Documents.

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance DB Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance DB Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance DB Contractor and TxDOT and their respective successors and assigns. Maintenance DB Contractor assigns to TxDOT all of Maintenance DB Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which are received by Maintenance DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance DB Contractor's negligence or failure to comply with the COMA CMA Documents in incorporating material or equipment into the work, Maintenance DB Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance DB Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance DB Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance DB Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance DB Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance DB Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA CMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance Contractor’s obligations with respect to the Maintenance Services, and Maintenance Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance Contractor’s obligations under this Comprehensive Maintenance Agreement and the other COMA Documents.shall

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance Contractor and TxDOT and their respective successors and assigns. Maintenance Contractor assigns to TxDOT all of Maintenance Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which are received by Maintenance Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance Contractor's negligence or failure to comply with the COMA CMA Documents in incorporating material or equipment into the work, Maintenance Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA CMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance Contractor’s obligations with respect to the Maintenance Services, and Maintenance Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance Contractor’s obligations under this Comprehensive Capital Maintenance Agreement and the other COMA CMA Documents.

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance DB Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance DB Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance DB Contractor and TxDOT and their respective successors and assigns. Maintenance DB Contractor assigns to TxDOT all of Maintenance DB Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which are received by Maintenance DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance DB Contractor's negligence or failure to comply with the COMA Documents in incorporating material or equipment into the work, Maintenance DB Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance DB Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance DB Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance DB Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance DB Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance DB Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance Contractor’s obligations with respect to the Maintenance Services, and Maintenance Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance Contractor’s obligations under this Comprehensive Maintenance Agreement and the other COMA Documents.the

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance DB Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance DB Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance DB Contractor and TxDOT and their respective successors and assigns. Maintenance DB Contractor assigns to TxDOT all of Maintenance DB Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which are received by Maintenance DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance DB Contractor's negligence or failure to comply with the COMA Documents in incorporating material or equipment into the work, Maintenance DB Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance DB Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance DB Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance DB Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance DB Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance DB Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance DB Contractor’s obligations with respect to the Maintenance Services, and Maintenance DB Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance DB Contractor’s obligations under this Comprehensive Maintenance Agreement and the other COMA Documents.

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance Contractor and TxDOT and their respective successors and assigns. Maintenance Contractor assigns to TxDOT all of Maintenance Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which are received by Maintenance Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance Contractor's negligence or failure to comply with the COMA Documents in incorporating material or equipment into the work, Maintenance Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance Contractor’s obligations with respect to the Maintenance Services, and Maintenance Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance Contractor’s obligations under this Comprehensive Maintenance Agreement and the other COMA Documents.

Subcontractor and Extended Warranties. 9.4.1 3.6.3.1 Without in any way derogating the Warranties and Maintenance DB Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance DB Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 93.6. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance DB Contractor and TxDOT and their respective successors and assigns. Maintenance DB Contractor assigns to TxDOT all of Maintenance DB Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which that are received by Maintenance DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance DB Contractor's ’s negligence or failure to comply with the COMA CMC Documents in incorporating material or equipment into the work, Maintenance DB Contractor shall be responsible for correcting such Defect. 9.4.2 3.6.3.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance DB Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance DB Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 3.6.3 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance DB Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.23.6.1.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance DB Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance DB Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 3.6.3.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA CMC Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance DB Contractor’s obligations with respect to the Maintenance Services, and Maintenance DB Contractor shall not be entitled to DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8 use the existence of Subcontractor warranties as a defense to Maintenance DB Contractor’s obligations under this Comprehensive Capital Maintenance Agreement Contract and the other COMA CMC Documents.

Subcontractor and Extended Warranties. 9.4.1 3.6.3.1 Without in any way derogating the Warranties and Maintenance DB Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance DB Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 93.6. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance DB Contractor and TxDOT and their respective successors and assigns. Maintenance DB Contractor assigns to TxDOT all of Maintenance DB Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which that are received by Maintenance DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance DB Contractor's ’s negligence or failure to comply with the COMA CMC Documents in incorporating material or equipment into the work, Maintenance DB Contractor shall be responsible for correcting such Defect. 9.4.2 3.6.3.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance DB Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance DB Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 3.6.3 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance DB Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.23.6.1.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance DB Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance DB Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 3.6.3.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA CMC Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance DB Contractor’s obligations with respect to the Maintenance Services, and Maintenance DB Contractor shall not be entitled to DocuSign Envelope ID: 8320AD6C-99DF-41FA-9908-4E441F89A70B use the existence of Subcontractor warranties as a defense to Maintenance DB Contractor’s obligations under this Comprehensive Capital Maintenance Agreement Contract and the other COMA CMC Documents.

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance DB Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance DB Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance DB Contractor and TxDOT and their respective successors and assigns. Maintenance DB Contractor assigns to TxDOT all of Maintenance DB Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which are received by Maintenance DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance DB Contractor's negligence or failure to comply with the COMA Documents in incorporating material or equipment into the work, Maintenance DB Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance DB Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance DB Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance DB Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance DB Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance DB Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance DB Contractor’s obligations with respect to the Maintenance Services, and Maintenance Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance Contractor’s obligations under this Comprehensive Maintenance Agreement and the other COMA Documents.DB

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance Contractor and TxDOT and their respective successors and assigns. Maintenance Contractor assigns to TxDOT all of Maintenance Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which are received by Maintenance Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance Contractor's negligence or failure to comply with the COMA Documents in incorporating material or equipment into the work, Maintenance Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors.shall 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance Contractor’s obligations with respect to the Maintenance Services, and Maintenance Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance Contractor’s obligations under this Comprehensive Maintenance Agreement and the other COMA Documents.

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance DB Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance DB Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: Subcontractors (a) shall be written so as to survive all TxDOT inspections, tests and approvals; , and (b) shall run directly to and be enforceable by Maintenance DB Contractor and TxDOT and their respective successors and assigns. Maintenance DB Contractor assigns to TxDOT all of Maintenance DB Contractor’s rights and interest interests in and to all extended warranties for periods exceeding the applicable Warranty Period which that are received by Maintenance DB Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance DB Contractor's ’s negligence or failure to comply with the COMA CMA Documents in incorporating material or equipment into the work, Maintenance DB Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance DB Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance DB Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance DB Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance DB Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation obligation, and Maintenance DB Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA CMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance DB Contractor’s obligations with respect to the Maintenance Services, and Maintenance DB Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance DB Contractor’s obligations under this Comprehensive Maintenance Agreement CMA and the other COMA CMA Documents.

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance Contractor and TxDOT and their respective successors and assigns. Maintenance Contractor assigns to TxDOT all of Maintenance Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which are received by Maintenance Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance Contractor's negligence or failure to comply with the COMA CMA Documents in incorporating material or equipment into the work, Maintenance Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail fails to meet the requirements of the COMA CMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance Contractor’s obligations with respect to the Maintenance Services, and Maintenance Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance Contractor’s obligations under this Comprehensive Capital Maintenance Agreement and the other COMA CMA Documents.

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance Contractor and TxDOT and their respective successors and assigns. Maintenance Contractor assigns to TxDOT all of Maintenance Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which are received by Maintenance Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance Contractor's negligence or failure to comply with the COMA CMA Documents in incorporating material or equipment into the work, Maintenance Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail fails to meet the requirements of the COMA CMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance Contractor’s obligations with respect to the Maintenance Services, and Maintenance Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance Contractor’s obligations under this Comprehensive Capital Maintenance Agreement and the other COMA CMA Documents.

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance Contractor and TxDOT and their respective successors and assigns. Maintenance Contractor assigns to TxDOT all of Maintenance Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which are received by Maintenance Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance Contractor's negligence or failure to comply with the COMA CMA Documents in incorporating material or equipment into the work, Maintenance Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, Texas Department of Transportation RFP Addendum 4 SH 99 Grand Parkway Project 41 Capital Maintenance Agreement August 1, 2012 warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-re- engineering) or shipping shall be for the account of Maintenance Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA CMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance Contractor’s obligations with respect to the Maintenance Services, and Maintenance Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance Contractor’s obligations under this Comprehensive Capital Maintenance Agreement and the other COMA CMA Documents.

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance Contractor and TxDOT and their respective successors and assigns. Maintenance Contractor assigns to TxDOT all of Maintenance Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which are received by Maintenance Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance Contractor's negligence or failure to comply with the COMA Documents in incorporating material or equipment into the work, Maintenance Contractor shall be responsible for correcting such Defect.the 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-re- engineering) or shipping shall be for the account of Maintenance Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA CMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance Contractor’s obligations with respect to the Maintenance Services, and Maintenance Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance Contractor’s obligations under this Comprehensive Capital Maintenance Agreement and the other COMA CMA Documents.

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance Contractor and TxDOT and their respective successors and assigns. Maintenance Contractor assigns to TxDOT all of Maintenance Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which are received by Maintenance Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance Contractor's negligence or failure to comply with the COMA Documents in incorporating material or equipment into the work, Maintenance Contractor shall be responsible for correcting such Defect.. misrepresentation, in addition to Maintenance Contractor’s other obligations hereunder. Texas Department of Transportation Loop 375 - Border Highway West Extension Projec February 18, 2014 41 Compreh RFP Addendum #3 ensive Maintenance Agreement 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors.such 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance Contractor’s obligations with respect to the Maintenance Services, and Maintenance Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance Contractor’s obligations under this Comprehensive Maintenance Agreement and the other COMA Documents.

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance Contractor and TxDOT and their respective Texas Department of Transportation Execution Version Horseshoe Project 48 Capital Maintenance Agreement successors and assigns. Maintenance Contractor assigns to TxDOT all of Maintenance Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which are received by Maintenance Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance Contractor's negligence or failure to comply with the COMA CMA Documents in incorporating material or equipment into the work, Maintenance Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA CMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance Contractor’s obligations with respect to the Maintenance Services, and Maintenance Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance Contractor’s obligations under this Comprehensive Capital Maintenance Agreement and the other COMA CMA Documents.

Subcontractor and Extended Warranties. 9.4.1 12.3.1 Without in any way derogating the Warranties and Maintenance ContractorDesign/Builder’s own representations and warranties and other obligations with respect to the Maintenance ServicesDevelopment Work, Maintenance Contractor Design/Builder shall obtain from all Subcontractors and cause to be extended to TxDOTthe Alamo RMA, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools tools, supplies and supplies other aspects of the Development Work furnished by such Subcontractors to effectuate the provisions in this Section 9Subcontractors. All representations, warranties, guarantees and other obligations of Subcontractors: Subcontractors (a) shall be written so as to survive all TxDOT inspections, tests and approvals; approvals hereunder, and (b) shall run directly to and be enforceable by Maintenance Contractor and TxDOT and Design/Builder, the Alamo RMA and/or their respective successors and assigns. Maintenance Contractor Design/Builder assigns to TxDOT the Alamo RMA all of Maintenance ContractorDesign/Builder’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period period which are received by Maintenance Contractor Design/Builder from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance ContractorDesign/Builder's negligence or failure to comply with the COMA Documents in incorporating material or equipment into the work, Maintenance Contractor Design/Builder shall be responsible for correcting such Defectdefect. 9.4.2 12.3.2 Upon receipt from TxDOT the Alamo RMA of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation Development Work performed by a SubcontractorSubcontractor to satisfy the requirements of the Contract Documents, Maintenance Contractor Design/Builder shall enforce or perform any such Subcontractor representation, warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance ContractorDesign/Builder’s other obligations hereunder. TxDOTThe Alamo RMA’s rights under this Section 9.4 12.3.2 shall commence at the time such representation, warranty, guaranty, guaranty or obligation is furnished and shall continue until the expiration of Maintenance Contractor’s relevant Warranty Period the Warranties (including extensions thereof under Section 9.2.212.2). Until such expiration, the cost of any equipment, material, labor (including re-engineering) or shipping shall be for the account of Maintenance Contractor at Design/Builder’s cost if such cost is covered by such a Subcontractor representation, warranty, guaranty, guaranty or obligation and Maintenance Contractor Design/Builder shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 12.3.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT the Alamo RMA with an additional Person and source in which to seek recourse if Maintenance Services fail Development Work fails to meet the requirements of the COMA Contract Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance ContractorDesign/Builder’s obligations with respect to the Maintenance ServicesDevelopment Work, and Maintenance Contractor Design/Builder shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance ContractorDesign/Builder’s obligations under this Comprehensive Maintenance Agreement and the other COMA Contract Documents.

Subcontractor and Extended Warranties. 9.4.1 Without in any way derogating the Warranties and Maintenance Contractor’s own representations and warranties and other obligations with respect to the Maintenance Services, Maintenance Contractor shall obtain from all Subcontractors and cause to be extended to TxDOT, for periods at least coterminous with the Warranties, appropriate representations, warranties, guarantees and obligations with respect to design, materials, workmanship, equipment, tools and supplies furnished by such Subcontractors to effectuate the provisions in this Section 9. All representations, warranties, guarantees and other obligations of Subcontractors: (a) shall be written so as to survive all TxDOT inspections, tests and approvals; and (b) shall run directly to and be enforceable by Maintenance Contractor and TxDOT and their respective successors and assigns. Maintenance Contractor assigns to TxDOT all of Maintenance Contractor’s rights and interest in and to all extended warranties for periods exceeding the applicable Warranty Period which are received by Maintenance Contractor from any of its Subcontractors. To the extent that any Subcontractor warranty or guaranty would be voided by reason of Maintenance Contractor's negligence or failure to comply with the COMA CMA Documents in incorporating material or equipment into the work, Maintenance Contractor shall be responsible for correcting such Defect. 9.4.2 Upon receipt from TxDOT of notice of a failure of any Subcontractor warranty, guaranty or obligation, or a misrepresentation by a Subcontractor, Maintenance Contractor shall enforce or perform any such Subcontractor warranty, guaranty or obligation, or remedy such misrepresentation, in addition to Maintenance Contractor’s other obligations hereunder. TxDOT’s rights under this Section 9.4 shall commence at the time such representation, warranty, guaranty, or obligation is furnished and shall continue until the expiration of Maintenance Contractor’s relevant Warranty Period (including extensions thereof under Section 9.2.2). Until such expiration, the cost of any equipment, material, labor (including re-re- engineering) or shipping shall be for the account of Maintenance Contractor if such cost is covered by such a representation, warranty, guaranty, or obligation and Maintenance Contractor shall be required to replace or repair defective equipment, material or workmanship furnished by Subcontractors. 9.4.3 The foregoing provisions concerning Subcontractor warranties are intended to provide TxDOT with an additional Person and source in which to seek recourse if Maintenance Services fail to meet the requirements of the COMA CMA Documents. In no event shall the foregoing provisions be interpreted to modify, limit, discharge, release, negate or waive the Warranties or Maintenance Contractor’s obligations with respect to the Maintenance Services, and Maintenance Contractor shall not be entitled to use the existence of Subcontractor warranties as a defense to Maintenance Contractor’s obligations under this Comprehensive Maintenance Agreement CMA and the other COMA CMA Documents.