Common use of Transition Requirements Clause in Contracts

Transition Requirements. 3.7.1 Maintenance Contractor, within 60 Days after issuance by TxDOT of Maintenance NTP1, shall submit to TxDOT, for TxDOT’s review and approval, a Maintenance Transition Plan as described in Section 0200 of Exhibit 2 to this Comprehensive Maintenance Agreement. Maintenance Contractor also shall provide an update to the Maintenance Transition Plan to the extent required by Section 0200 of Exhibit 2 to this Comprehensive Maintenance Agreement. 3.7.2 At the expiration of the Maintenance Term or any earlier termination of this Comprehensive Maintenance Agreement, Maintenance Contractor shall ensure and certify in writing that (a) the Maintenance Elements meet the Asset Condition Score requirements (b) the Project can be safely used for its intended purpose and that the Maintenance Services have been performed in accordance with the terms of the COMA Documents, Governmental Approvals and applicable Law, (c) there are no Maintenance Contractor Releases of Hazardous Materials within, on, in or under the Project ROW, and (d) except as previously disclosed in writing to TxDOT, there is no litigation pending regarding the Maintenance Services or the Project by any Maintenance Contractor-Related Entity. The Maintenance Contractor shall develop a Maintenance Transition Plan as set forth in Section 3.7.2.

Transition Requirements. 3.7.1 Maintenance Contractor, within 60 Days after issuance by TxDOT of Maintenance NTP1, shall submit to TxDOT, for TxDOT’s review and approval, a Maintenance Transition Plan as described in Section 0200 of Exhibit 2 to this Comprehensive Maintenance Agreement. Maintenance Contractor also shall provide an update to the Maintenance Transition Plan to the extent required by Section 0200 of Exhibit 2 to this Comprehensive Maintenance Agreement. 3.7.2 At the expiration of the Maintenance Term or any earlier termination of this Comprehensive Maintenance Agreement, Maintenance Contractor shall ensure and certify in writing that (a) the Maintenance Elements meet the Asset Condition Score requirements (b) the Project can be safely used for its intended purpose and that the Maintenance Services have been performed in accordance with the terms of the COMA Documents, Governmental Approvals and applicable Law, (c) there are no Maintenance Contractor Releases of Hazardous Materials within, on, in or under the Project ROW, and (d) except as previously disclosed in writing to TxDOT, there is no litigation pending regarding the Maintenance Services or the Project by any Maintenance Contractor-Related Entity. The Maintenance Contractor shall develop a Maintenance Transition Plan as set forth in Section 3.7.2.