Common use of General Obligations of DB Contractor Clause in Contracts

General Obligations of DB Contractor. 4.1.1 DB Contractor shall furnish all Maintenance Services throughout the Maintenance Period within the Maintenance Limits. DB Contractor shall submit updated Maintenance Limits drawings for TxDOT approval as part of the applicable Maintenance Management Plan (MMP). All costs associated with providing the Maintenance Services are included in the Maintenance Price set forth in Exhibit 4 to the CMA as such may be adjusted in accordance with Section 4.5 hereof and Section 5 of the CMA. 4.1.2 DB Contractor shall provide all personnel, labor, materials, supplies, parts, equipment, public and employee safety devices, components, tools, utilities and other items and services required to undertake and complete the Maintenance Services. DB Contractor shall bear the risk of loss, damage, theft and vandalism of such materials, supplies, parts, equipment, devices, components, tools, utilities and other items. 4.1.3 DB Contractor shall furnish all plans and submittals required by the CMC Documents in a timely manner and in the form and with the content required thereby. 4.1.4 At all times during the Maintenance Period, DB Contractor shall carry out the Maintenance Services in accordance with (i) Good Industry Practice, as it evolves from time to time, (ii) the requirements, terms and conditions set forth in the CMC Documents, as the same may change from time to time, (iii) all Laws, (iv) the requirements, terms and conditions set forth in all Governmental Approvals, (v) the approved MMP, and all approved updates and amendments thereof, (vi) safety compliance and Safety Standards, (vii) the approved Project Management Plan and all component parts, plans and documentation prepared or to be prepared thereunder, and all approved updates and amendments thereof, and (viii) all other applicable safety, environmental and other requirements, taking into account the Project ROW limits and other constraints affecting the Project. If DB Contractor encounters a contradiction between subsections (i) through (viii), DB Contractor shall advise TxDOT of the contradiction and TxDOT shall instruct DB Contractor as to which subsection shall control in that instance. No such instruction shall be construed as a TxDOT-Directed Change. DB Contractor is responsible for keeping itself informed of and applying current Good Industry Practice. 4.1.5 DB Contractor acknowledges and agrees that, although certain provisions in the CMC Documents include Performance Requirements, such Performance Requirements shall not otherwise limit DB Contractor’s obligation to perform the Maintenance Services in a safe, reasonable, and prudent manner, and, in doing so, DB Contractor shall employ Good Industry Practice as it evolves from time to time, and shall conduct its commercial affairs in a manner consistent with good faith and fair dealing.

General Obligations of DB Contractor. ‌ 4.1.1 DB Contractor shall furnish all Maintenance Services throughout the Maintenance Period within the Maintenance Limits. DB Contractor shall submit updated Maintenance Limits drawings for TxDOT approval as part of the applicable Maintenance Management Plan (MMP). All costs associated with providing the Maintenance Services are included in the Maintenance Price set forth in Exhibit 4 to the CMA as such may be adjusted in accordance with Section 4.5 hereof and Section 5 of the CMA. 4.1.2 DB Contractor shall provide all personnel, labor, materials, supplies, parts, equipment, public and employee safety devices, components, tools, utilities and other items and services required to undertake and complete the Maintenance Services. DB Contractor shall bear the risk of loss, damage, theft and vandalism of such materials, supplies, parts, equipment, devices, components, tools, utilities and other items. 4.1.3 DB Contractor shall furnish all plans and submittals required by the CMC Documents in a timely manner and in the form and with the content required thereby. 4.1.4 At all times during the Maintenance Period, DB Contractor shall carry out the Maintenance Services in accordance with (i) Good Industry Practice, as it evolves from time to time, (ii) the requirements, terms and conditions set forth in the CMC Documents, as the same may change from time to time, (iii) all Laws, (iv) the requirements, terms and conditions set forth in all Governmental Approvals, (v) the approved MMP, and all approved updates and amendments thereof, (vi) safety compliance and Safety Standards, (vii) the approved Project Management Plan and all component parts, plans and documentation prepared or to be prepared thereunder, and all approved updates and amendments thereof, and (viii) all other applicable safety, environmental and other requirements, taking into account the Project ROW limits and other constraints affecting the Project. If DB Contractor encounters a contradiction between subsections (i) through (viii), DB Contractor shall advise TxDOT of the contradiction and TxDOT shall instruct DB Contractor as to which subsection shall control in that instance. No such instruction shall be construed as a TxDOT-Directed Change. DB Contractor is responsible for keeping itself informed of and applying current Good Industry Practice. 4.1.5 DB Contractor acknowledges and agrees that, although certain provisions in the CMC Documents include Performance Requirements, such Performance Requirements shall not otherwise limit DB Contractor’s obligation to perform the Maintenance Services in a safe, reasonable, and prudent manner, and, in doing so, DB Contractor shall employ Good Industry Practice as it evolves from time to time, and shall conduct its commercial affairs in a manner consistent with good faith and fair dealing.