Common use of Agreement to Accept Nonconforming Work Clause in Contracts

Agreement to Accept Nonconforming Work. If TxDOT agrees to accept any Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of Developer’s cost savings associated with its failure to perform the Work in accordance with the requirements of the CDA Documents. Such reimbursement shall be payable to TxDOT within ten days after ▇▇▇▇▇▇▇▇▇’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer pursuant to this Agreement. Developer acknowledges and agrees that TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.

Agreement to Accept Nonconforming Work. If TxDOT agrees to accept any Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of Developer’s cost savings associated with its failure to perform the Work in accordance with the requirements of the CDA Documents. Such reimbursement shall be payable to TxDOT within ten days after ▇▇▇▇▇▇▇▇▇Developer’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer pursuant to this Agreement. Developer acknowledges and agrees that TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.

Agreement to Accept Nonconforming Work. If TxDOT agrees to accept any Nonconforming Work with respect to a Project Segment without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the applicable Price in an amount equal to the greatest of: of (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons parties (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the a Price allocated to such Work, or (c) 100% of DeveloperIntegrator’s cost savings associated with its failure to perform the Work in accordance with the requirements of the CDA Contract Documents. Such reimbursement shall be payable to TxDOT within ten days 10 Days after ▇▇▇▇▇▇▇▇▇Integrator’s receipt of an invoice therefortherefore. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer Integrator pursuant to this Agreement. Developer Integrator acknowledges and agrees that TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.

Agreement to Accept Nonconforming Work. If TxDOT agrees to accept any Nonconforming Work without requiring it to be fully corrected, TxDOT shall be entitled to reimbursement of a portion of the Price in an amount equal to the greatest of: (a) the amount deemed appropriate by TxDOT to provide compensation for known impacts to all affected Persons (including TxDOT) such as future maintenance and/or other costs relating to the Nonconforming Work, (b) the amount of the Price allocated to such Work, or (c) 100% of Developer’s cost savings associated with its failure to perform the Work in accordance with the requirements of the CDA Contract Documents. Such reimbursement shall be payable to TxDOT within ten days after ▇▇▇▇▇▇▇▇▇’s receipt of an invoice therefor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to Developer pursuant to this Agreement. Developer acknowledges and agrees that TxDOT shall have sole discretion regarding acceptance or rejection of Nonconforming Work and shall have sole discretion with regard to the amount payable in connection therewith. Payment, reimbursement or deduction of the amounts owing to TxDOT under this Section 5.6.2 shall be a condition precedent to the acceptance of the applicable Nonconforming Work.