Common use of of the Technical Provisions Clause in Contracts

of the Technical Provisions. (f) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts; (g) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and (h) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure). 9.6.2 Developer shall notify TxDOT and the Independent Engineer when ▇▇▇▇▇▇▇▇▇ has achieved Final Acceptance for a Project Segment. During the 15-day period following receipt of such notice, (a) Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular, cooperative basis, (b) the Independent Engineer shall inspect the Punch List items, review the Record Drawings and conduct such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied, (c) the Independent Engineer shall deliver a report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and (d) TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation. Within five days after expiration of such 15-days period and TxDOT’s receipt of the Independent Engineer’s report, TxDOT shall either (i) issue a certificate of Final Acceptance for the Project Segment or (ii) notify Developer why Final

of the Technical Provisions. (f) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts; (g) Developer has made all deposits to the Intellectual Property Escrow(s) required at or prior to Final Acceptance pursuant to Section 22.5; (h) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and (hi) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure). 9.6.2 7.8.4.3 Developer shall notify provide TxDOT and the Independent Engineer with written notification when ▇▇▇▇▇▇▇▇▇ Developer determines it has achieved Final Acceptance for a Project Segment. During the 15-day period following receipt of such noticenotification, (a) Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regularregular cooperative basis with the goal being TxDOT's and the Independent Engineer’s orderly, cooperative basistimely inspection and review of the Project Segment and the Record Drawings, (b) and TxDOT’s issuance of a written certificate of Final Acceptance for the Project Segment. 7.8.4.4 During such 15-day period, the Independent Engineer shall inspect conduct an inspection of the Punch List items, a review of the Record Drawings and conduct such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied, (c) the . The Independent Engineer shall deliver a written report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and (d) in any case by the end of such 15-day period. TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation. investigation within such 15-day period. 7.8.4.5 Within five days after expiration of such 15-days day period and TxDOT’s receipt of the Independent Engineer’s reportreport of findings and recommendations, TxDOT shall either (ia) issue a certificate of Final Acceptance for the Project Segment or (iib) notify Developer in writing setting forth, as applicable, why FinalFinal Acceptance for the Project Segment has not been achieved. If TxDOT and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures.

of the Technical Provisions. (f) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts; (g) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and (h) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure). 9.6.2 Developer shall notify TxDOT and the Independent Engineer when ▇▇▇▇▇▇▇▇▇ has achieved Final Acceptance for a Project Segment. During the 15-day period following receipt of such notice, (a) Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular, cooperative basis, (b) the Independent Engineer shall inspect the Punch List items, review the Record Drawings and conduct such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied, (c) the Independent Engineer shall deliver a report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and (d) TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation. Within five days after expiration of such 15-days period and TxDOT’s receipt of the Independent Engineer’s report, TxDOT shall either (i) issue a certificate of Final Acceptance for the Project Segment or (ii) notify Developer why FinalFinal Acceptance for the Project Segment has not been achieved. If TxDOT and Developer cannot agree as to the date of Final Acceptance, such Dispute shall be resolved according to the Dispute Resolution Procedures.

of the Technical Provisions. (f) All Utility Adjustment Work and other work that Developer is obligated to perform for or on behalf of third parties has been accepted by such third parties, and Developer has paid for all work by third parties that Developer is obligated to pay for, other than disputed amounts; (g) Developer has paid in full all liquidated damages that are owing to TxDOT pursuant to this Agreement and are not in Dispute, and has provided to TxDOT reasonable security for the full amount of liquidated damages that may then be the subject of an unresolved Dispute; and (h) There exist no uncured Developer Defaults that are the subject of a Warning Notice, or with the giving of notice or passage of time, or both, could become the subject of a Warning Notice (except any Developer Default for which Final Acceptance will effect its cure). 9.6.2 Developer shall notify TxDOT and the Independent Engineer when ▇▇▇▇▇▇▇▇▇ Developer has achieved Final Acceptance for a Project Segment. During the 15-day period following receipt of such notice, (a) Developer, TxDOT and the Independent Engineer shall meet and confer and exchange information on a regular, cooperative basis, (b) the Independent Engineer shall inspect the Punch List items, review the Record Drawings and conduct such other investigation as may be necessary to evaluate whether the conditions to Final Acceptance are satisfied, (c) the Independent Engineer shall deliver a report of findings and recommendations to TxDOT and Developer following such inspection, review and investigation and (d) TxDOT may, but is not obligated to, jointly with the Independent Engineer or independently conduct such inspection, review and investigation. Within five days after expiration of such 15-days period and TxDOT’s receipt of the Independent Engineer’s report, TxDOT shall either (i) issue a certificate of Final Acceptance for the Project Segment or (ii) notify Developer why Final