Common use of Use of and Change in Key Contractors Clause in Contracts

Use of and Change in Key Contractors. (a) Developer shall retain, employ and utilize the firms and organizations specifically listed in the Project Management Plan to fill the corresponding Key Contractor positions listed therein. For Key Contractors not known as of the Effective Date, Developer’s selection thereof shall be subject to TxDOT’s prior approval. (b) Developer shall not terminate any Contract with a Key Contractor, or permit or suffer any substitution or replacement of a Key Contractor, unless the Key Contractor (i) is no longer in business, is unable to fulfill its legal, financial, or business obligations, or can no longer meet the terms of the relevant agreement with Developer; (ii) voluntarily removes itself from Developer’s team; or (iii) fails to provide a sufficient number of qualified personnel to fulfill the duties identified during the Proposal stage. If Developer makes changes to a Key Contractor in violation of this subsection (b), Developer shall pay to TxDOT 100% of any cost savings resulting from the change.

Use of and Change in Key Contractors. (a) Developer shall retain, employ and utilize the firms and organizations specifically listed in the Project Management Plan to fill the corresponding Key Contractor positions listed therein. For Key Contractors not known as of the Effective Date, Developer’s selection thereof shall be subject to TxDOT’s prior approval. (b) Developer shall not terminate any Contract with a Key Contractor, or permit or suffer any substitution or replacement of a Key Contractor, unless the Key Contractor (i) is no longer in business, is unable to fulfill its legal, financial, or business obligations, or can no longer meet the terms of the relevant agreement with Developer; (ii) voluntarily removes itself from the Developer’s team; or (iii) fails to provide a sufficient number of qualified personnel to fulfill the duties identified during the Proposal stage. If Developer makes changes to a Key Contractor in violation of this subsection (b), Developer shall pay to TxDOT 100% of any cost savings resulting from the change.