Common use of Agreement to Accept Nonconforming Work Clause in Contracts

Agreement to Accept Nonconforming Work. If DB Contractor fails to fully correct any Nonconforming Work pursuant to Section Price allocated to such Work, or (c) 100% of DB Contractor’s cost savings associated with its failure to perform the Work in accordance with the requirements of the DBA Documents. Such reimbursement shall be payable to TxDOT within ten days after delivery of an invoice therefore to DB Contractor. Alternatively, TxDOT may deduct the amount of such costs and expenses from any sums owed by TxDOT to DB Contractor pursuant to this DBA. DB Contractor acknowledges and agrees that, subject to DB Contractor’s correction of Nonconforming Work in accordance with Section 5.6.1, including the timelines therein, 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.