Common use of Third Maintenance Term Clause in Contracts

Third Maintenance Term. 4.3.1 TxDOT, in its sole and absolute discretion, shall have the option to extend the term of this Comprehensive Maintenance Agreement for an additional term (the “Third Maintenance Term”); provided that TxDOT shall not be entitled to exercise the extension option for the Third Maintenance Term if it did not issue Maintenance NTP2. The Third Maintenance Term shall commence as of the expiration of the Second Maintenance Term and shall continue for a period of five years, unless terminated earlier in accordance with the terms hereof. 4.3.2 If TxDOT elects to exercise its option right for a Third Maintenance Term, TxDOT shall issue Maintenance NTP3 on or before 90 Days prior to the expiration of the Second Maintenance Term. If TxDOT does not deliver Maintenance NTP3 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 NTP3.

Third Maintenance Term. 4.3.1 If TxDOT issues Base Scope Maintenance NTP2, TxDOT, in its sole and absolute discretion, shall have the option to extend the term of this Comprehensive Capital Maintenance Agreement with respect to the Base Scope for an additional term (the “Third Maintenance Term”); provided that TxDOT shall not be entitled to exercise the extension option ” for the Base Scope). If TxDOT issues Option Maintenance NTP2, TxDOT, in its sole and absolute discretion, shall have the option to extend the term of this Capital Maintenance Agreement with respect to the Option for an additional term (the “Third Maintenance Term if it did not issue Maintenance NTP2Term” for the Option). The Third Maintenance Term shall commence as of the expiration of the applicable Second Maintenance Term and shall continue for a period of five years, unless terminated earlier in accordance with the terms hereof. 4.3.2 If TxDOT elects to exercise its option right rights for a Third Maintenance TermTerm for the Base Scope, TxDOT shall issue Base Scope Maintenance NTP3 on or before 90 Days prior to the expiration of the Second Maintenance TermTerm for the Base Scope. If TxDOT does not deliver Maintenance NTP3 to Maintenance Contractor by such date, TxDOT shall not be deemed entitled to have elected to terminate this Comprehensive exercise the extension option for the Third Maintenance Agreement, unless Term for the Parties otherwise agree in writing. Base Scope if it did not issue Base Scope Maintenance NTP2. 4.3.3 TxDOT shall have no liability to Maintenance Contractor for a failure to issue Base Scope Maintenance NTP3 or Option Maintenance NTP3.