Common use of Verification of Coverage Clause in Contracts

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Contractor shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. In addition, within a reasonable time after availability (but not to exceed 15 days), DB Contractor shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. 3.3.4.1 At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter not later than 10 days prior to the expiration date of each insurance policy, DB Contractor shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insuredsinsureds required under the CMC Documents, state the type and limits of coverage, deductibles deductibles, subrogation waiver, and termination provisions of the policy, include as attachments all additional insured endorsementsinsured, endorsements required under the CMC Documents, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, broker and otherwise be in a form reasonably satisfactory to TxDOT. Each such certificate of insurance evidencing policies required to be obtained by DB Contractor shall be accompanied by a letter signed by DB Contractor confirming that the insurances represented in the certificate of insurance fully comply with all provisions of this Section 3.3. DB Contractor certifies to TxDOT by submitting each Subcontractor certificate of insurance that the insurances represented in the certificate fully comply with the requirements of this Section 3.3 that are applicable to Subcontractor policies. 9.1.4.2. 3.3.4.2 In addition, within a reasonable time after availability receipt of a request by TxDOT for copies of insurance policies required to be obtained by DB Contractor (but not to exceed the later of 15 daysdays after the receipt of the actual policy and the receipt of TxDOT’s request), DB Contractor shall deliver to TxDOT: (ai) a complete certified copy of each such requested insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (bii) satisfactory evidence of payment of the premium therefor, which may be a letter from DB Contractor’s broker stating that all required premium payments have been made in accordance with the policy requirements. 9.1.4.3. 3.3.4.3 If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 7.6.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (ai) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (bii) suspend all or any portion of Work Maintenance Services for cause and or close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 3.3.4 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. 9.1.4.1 At each time DB Contractor Developer is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Contractor Developer shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. 9.1.4.2 In addition, within a reasonable time after availability (but not to exceed 15 days), DB Contractor Developer shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. 9.1.4.3 If DB Contractor Developer has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor Developer written notice of an Event of Default under Section 16.1.1 16.1.2 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor Developer shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor Developer such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Contractor shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. In addition, within a reasonable time after availability (but not to exceed 15 days)) after availability, DB Contractor shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy7.3.4.1 Within 10 days of TxDOT issuing Maintenance NTP1, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Maintenance Contractor shall deliver to TxDOT a certificate of insurance and written evidence of insurance for each required policy of insurance. The certificate and evidence must be consistent in all respects. The evidence of insurance shall be on the most recent ▇▇▇▇▇ form, without disclaimer. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence of insurance must be personally and manually signed by a representative or agent of the insurance company shown on the evidence of insurance with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence of insurance must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, list deductibles, include the required subrogation waiver, contain conforming termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.27.3.4.2 Maintenance Contractor shall promptly deliver to TxDOT a certificate of insurance and copies of all endorsements with respect to each renewal policy, as necessary to demonstrate the maintenance of the insurance coverages required under this Capital Maintenance Agreement. In additionSuch certificate shall be delivered prior to the expiration date of any policy and shall bear a notation evidencing payment of the premium therefor. 7.3.4.3 Upon TxDOT’s request, within a reasonable time after availability (but not to exceed 15 days), DB Maintenance Contractor shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. 9.1.4.1 At each time DB Contractor Developer is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Contractor Developer shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insuredsinsureds required under the Contract Documents, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsementsendorsements required under the Contract Documents, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. 9.1.4.2 In addition, within a reasonable time after availability (but not to exceed 15 days), DB Contractor Developer shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. 9.1.4.3 If DB Contractor Developer has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor Developer written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor Developer shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor Developer such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. 9.1.4.1 At each time DB Contractor Developer is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Contractor Developer shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insuredsinsureds required under the Contract Documents, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsementsendorsements required under the Contract Documents, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. 9.1.4.2 In addition, within a reasonable time after availability (but not to exceed 15 days), DB Contractor Developer shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. 9.1.4.3 If DB Contractor Developer has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor Developer written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor Developer shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor Developer such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required 3.4.4.1 Within ten days of TxDOT issuing a Maintenance NTP (or, with respect to initially obtain or cause to be obtained each insurance policythe Initial Maintenance Term, including insurance coverage required of Subcontractors, and thereafter no later than 170 days prior to the expiration date of each insurance policyInitial Maintenance Term Commencement Date), DB Contractor shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insuredsinsureds required under the CMC Documents, state the type and limits of coverage, deductibles deductibles, subrogation waiver, and termination provisions of the policy, include as attachments all additional insured endorsementsinsured, endorsements required under the CMC Documents, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, broker and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. 3.4.4.2 In addition, within a reasonable time after availability receipt of each insurance policy (but not to exceed 15 days30 days after receipt), DB Contractor shall deliver to TxDOT: (ai) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (bii) satisfactory evidence of payment of the premium therefor. 9.1.4.3. 3.4.4.3 If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 7.6.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (ai) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (bii) suspend all or any portion of Work Maintenance Services for cause and or close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 3.4.4 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy7.3.4.1 Within 10 days of TxDOT issuing Maintenance NTP1, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Maintenance Contractor shall deliver to TxDOT a certificate of insurance and written evidence of insurance for each required policy of insurance. The certificate and evidence must be consistent in all respects. The evidence of insurance shall be on the most recent ▇▇▇▇▇ form, without disclaimer. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Lawsbe in standard form, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence of insurance must be personally and manually signed by a representative or agent of the insurance company shown on the evidence of insurance with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence of insurance must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, list deductibles, include the required subrogation waiver, contain conforming termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.27.3.4.2 Maintenance Contractor shall promptly deliver to TxDOT a certificate of insurance and copies of all endorsements with respect to each renewal policy, as necessary to demonstrate the maintenance of the insurance coverages required under this Capital Maintenance Agreement. In additionSuch certificate shall be delivered prior to the expiration date of any policy and shall bear a notation evidencing payment of the premium therefor. 7.3.4.3 Upon TxDOT’s request, within a reasonable time after availability (but not to exceed 15 days), DB Maintenance Contractor shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. 9.1.4.1 At each time DB Contractor Developer is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Contractor Developer shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. 9.1.4.2 In addition, within a reasonable time after availability (but not to exceed 15 days), DB Contractor Developer shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. 9.1.4.3 If DB Contractor Developer has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor Developer written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor Developer shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor Developer such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.17.7.4.1. At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required Within 10 days of Subcontractors, TxDOT issuing Maintenance NTP and thereafter not later than 10 days prior to the expiration date of each insurance policy, DB Maintenance Contractor shall deliver to TxDOT a certificate of insuranceinsurance evidencing that each required policy of insurance is in place. The certificate shall be on the most recent ▇▇▇▇▇ form, without disclaimer. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured insured, waiver of subrogation, and notice of termination endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must such certificate of insurance shall be personally and manually accompanied by a letter signed by the Maintenance Contractor confirming that the insurances represented in the certificate of insurance fully comply with all provisions of this Section 7.7 and Exhibit 10. 7.7.4.2. Maintenance Contractor shall promptly deliver to TxDOT a representative or agent certificate of insurance and copies of all endorsements with respect to each renewal policy, as necessary to demonstrate the maintenance of insurance coverages required under this Comprehensive Maintenance Agreement. Such certificate shall be delivered prior to the expiration of any policy. 7.7.4.3. Within 30 days from delivery of the certificate of insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverageas provided in Section 7.7.4.1, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. In addition, within a reasonable time after availability (but not to exceed 15 days), DB Maintenance Contractor shall deliver to TxDOT: (ai) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (bii) satisfactory evidence of payment of the premium therefor. 9.1.4.37.7.4.4. If DB Maintenance Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Maintenance Contractor written notice of an Event of Default under Section 16.1.1 12.3.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: : (ai) obtain such an insurance policy; and DB Maintenance Contractor shall reimburse TxDOT for the cost thereof upon demand, and (bii) suspend all or any portion of Work Maintenance Services for cause and close the Project until TxDOT receives from DB Maintenance Contractor such proofs of coverage in compliance with this Section 9.1 7.7.4 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required 7.7.4.1 Within 10 Days of Subcontractors, TxDOT issuing a Maintenance NTP and thereafter not later than 10 Days prior to the expiration date of each insurance policy, DB Contractor shall deliver to TxDOT a certificate of insurance evidencing that each required policy of insurance is in place (including all subcontractor certificates of insurance). The certificate shall be on the most recent ▇▇▇▇▇ form, without disclaimer. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured insured, waiver of subrogation, and notice of termination endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must such certificate of insurance shall be personally and manually accompanied by a letter signed by a representative or agent of the insurance company shown on the evidence with proof DB Contractor confirming that the signer is an authorized representative or agent insurances represented in the certificate of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of fully comply with all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy this Section 7.7 and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOTExhibit 10. 9.1.4.2. 7.7.4.2 In addition, within a reasonable time after availability receipt of each insurance policy (but not to exceed 15 daysdays after such receipt), DB Contractor shall deliver to TxDOT: TxDOT (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. 7.7.4.3 Within 45 Days of the inception date of each insurance policy or modification, or renewal or replacement insurance policy, DB Contractor shall deliver to TxDOT (i) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto, and (ii) satisfactory evidence of payment of the premium therefor. 7.7.4.4 If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days Days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 12.3.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: , (ai) obtain such an insurance policy; , and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (bii) suspend all or any portion of Work Maintenance Services for cause and or close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 7.7.4 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.11. At each time DB Contractor Developer is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of SubcontractorsInsurance Policy, and thereafter not less than [30] days prior to the expiration date of each insurance policyInsurance Policy, DB Contractor Developer shall deliver to TxDOT the Department a certificate written binder of insurance, provided that if common commercial practice in the insurance industry calls for a shorter period prior to renewal for issuance of the insurance binder documenting such renewal, then such shorter period shall apply. The binder of insurance shall be on the most recent ▇▇▇▇▇ form consistent with the required coverage, without disclaimer. The Department may, in its reasonable discretion, accept a written binder in a standard form other than the ▇▇▇▇▇ form. Each required certificate binder must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Lawsbe in standard form, state the identity of all carriersInsurers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or certificate, including its licensed agent or broker. Each required evidence binder must be personally and manually signed by a representative or agent of the insurance company shown on the evidence binder with proof a statement that the signer he/she is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidencebinder. The evidence binder must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriersInsurers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise include a statement that coverage may not be cancelled by the insurer for any reason except for non-payment of premium, unless such statement would conflict with different cancellation requirements in form reasonably satisfactory to TxDOTAppendix 8. 9.1.4.22. In addition, within a reasonable time after availability (but not to exceed 15 days)as soon as they become available, DB Contractor Developer shall deliver to TxDOT: the Department (a) a true and complete certified copy of each such insurance policy Insurance Policy or modification, or renewal or replacement insurance policy Insurance Policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.33. If DB Contractor Developer has not provided TxDOT the Department with the foregoing proof of coverage and payment within five [ten] days after TxDOT delivers to DB Contractor receipt of written request therefor, the Department may, upon [three] Business Days written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT mayto Developer, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) , obtain such an insurance policyInsurance Policy; and DB Contractor Developer shall reimburse TxDOT the Department for the cost thereof upon demand. In addition, and (b) the Department shall have the right, without obligation or liability, to suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor Work, during any time that such proofs of coverage coverage, in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy16.1, if it elects to do so)have not been provided.

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required 3.3.4.1 Within ten days of TxDOT issuing a Maintenance NTP (or, with respect to initially obtain or cause to be obtained each insurance policythe Initial Maintenance Term, including insurance coverage required of Subcontractors, and thereafter no later than 170 days prior to the expiration date of each insurance policyInitial Maintenance Term Commencement Date), DB Contractor shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insuredsinsureds required under the CMC Documents, state the type and limits of coverage, deductibles deductibles, subrogation waiver, and termination provisions of the policy, include as attachments all additional insured endorsementsinsured, endorsements required under the CMC Documents, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, broker and otherwise be in form reasonably satisfactory to TxDOT. Each such certificate of insurance evidencing policies required to be obtained by DB Contractor shall be accompanied by a letter signed by DB Contractor confirming that the insurances represented in the certificate of insurance fully comply with all provisions of this Section 3.3. DB Contractor certifies to TxDOT by submitting each Subcontractor certificate of insurance that the insurances represented in the certificate fully comply with the requirements of this Section 3.3 that are applicable to Subcontractor policies. 9.1.4.2. 3.3.4.2 In addition, within a reasonable time after availability receipt of each insurance policy (but not to exceed 15 days30 days after receipt), DB Contractor shall deliver to TxDOT: (ai) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (bii) satisfactory evidence of payment of the premium therefor. 9.1.4.3. 3.3.4.3 If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 Section 7.6.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (ai) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (bii) suspend all or any portion of Work Maintenance Services for cause and or close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 3.3.4 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. At each (i) Each time DB Contractor the Phase Developer is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractorsan Insurance Policy, and thereafter prior to not less than 10 Business Days before the expiration date of each insurance policyInsurance Policy, DB Contractor the Phase Developer shall deliver to TxDOT MDOT a written certificate(s) of insurance (which, in the case of an expiring Insurance Policy, provides evidence of renewal coverage after such expiration). Each certificate of insurance. Each insurance must: (A) be on the most recent ▇▇▇▇▇ form consistent with the required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, coverage; (B) state the identity of all carriersinsurers, named insureds insureds, and additional insureds, and state the type and limits of coverage, deductibles and termination provisions of the policy; (C) where applicable, include as attachments all additional insured endorsements, and ; and (D) be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. In addition(ii) Within 10 Business Days of receiving a request from MDOT, within a reasonable time after availability (but not to exceed 15 days), DB Contractor shall the Phase Developer must deliver to TxDOT: MDOT: (aA) a true and complete certified copy of each such insurance policy Insurance Policy or modification, or renewal or replacement insurance policy Insurance Policy and all endorsements thereto accompanied by a letter from the agent or broker placing the insurance certifying that the same is a true and complete copy thereof; and (bB) satisfactory evidence of payment of the premium thereforevidence, acceptable to MDOT (acting reasonably), that all premiums then due have been paid in full. 9.1.4.3. (iii) If DB Contractor has the Phase Developer: (A) fails or refuses to obtain or maintain in force the Insurance Policies; or (B) does not provided TxDOT provide MDOT with the foregoing proof of coverage and payment within five days Business Days after TxDOT delivers to DB Contractor MDOT requests such proof; MDOT may, upon five Business Days' written notice of an Event of Default under Section 16.1.1 and demand for to the foregoing proof of coveragePhase Developer, TxDOT may, in addition without prejudice to any other available remedy, without obligation or liability remedy and without further inquiry as to whether such insurance is actually in force: (a) , obtain such an insurance policy; and DB Contractor Insurance Policy. (iv) The Phase Developer shall reimburse TxDOT MDOT for the cost thereof upon demandMDOT incurs in obtaining any Insurance Policy under Section 24.2(d)(iii) within 30 days of receiving an invoice from MDOT with respect to such costs. (v) MDOT may, and (b) without obligation or liability, suspend all or any portion of the Predevelopment Work for cause and close the Project until TxDOT receives from DB Contractor such during any time that any proofs of coverage in compliance with required by this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so)Article 24 have not been provided.

Verification of Coverage. 9.1.4.1. 3.5.1.4.1 At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter not later than 10 days prior to the expiration date of each insurance policy, DB Contractor shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insuredsinsureds required under the Contract Documents, state the type and limits of coverage, deductibles deductibles, subrogation waiver, and termination provisions of the policy, include as attachments all additional insured endorsementsendorsements required under the Contract Documents, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, broker and otherwise be in a form reasonably satisfactory to TxDOT. Each such certificate of insurance evidencing policies required to be obtained by DB Contractor shall be accompanied by a letter signed by DB Contractor confirming that the insurances represented in the certificate of insurance fully comply with all provisions of this Section 3.5. DB Contractor certifies to TxDOT by submitting each Subcontractor certificate of insurance that the insurances represented in the certificate fully comply with the requirements of this Section 3.5 that are applicable to Subcontractor policies. 9.1.4.2. 3.5.1.4.2 In addition, within a reasonable time after availability receipt of a request by TxDOT for copies of insurance policies required to be obtained by DB Contractor (but not to exceed the later of 15 daysdays after the receipt of the actual policy and the receipt of TxDOT’s request), DB Contractor shall deliver to TxDOT: TxDOT (a) a complete certified copy of each such requested insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor, which may be a letter from DB Contractor’s Broker stating that all required premium payments have been made in accordance with the policy requirements. 9.1.4.3. 3.5.1.4.3 If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 8.8.1.2 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: force (a) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, demand and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 3.5.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. a. At each time DB Contractor Developer is required to initially obtain or cause to be obtained each insurance policyInsurance Policy, including insurance coverage required of SubcontractorsContractors, and thereafter not later than ten (10) Business Days prior to the expiration date of each insurance policyInsurance Policy, DB Contractor or at such later date as Developer may request for IFA’s approval (but in no even later than one Business Day prior to the expiration date of such Insurance Policy), Developer shall deliver to TxDOT IFA a certificate written binder of insurance. Each required certificate must meet the requirements The binder of Texas Insurance Code Chapter 1811 and, insurance shall be on a form reasonably acceptable to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or brokerIFA. Each required evidence binder must be personally and manually signed by a representative or agent of the insurance company Insurer shown on the evidence binder with proof a statement that the signer he/she is an authorized representative or agent of such insurance company Insurer and is authorized to bind it to the coverage, limits and termination provisions shown on the evidencebinder. The evidence Each binder must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriersInsurers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory include a statement of non-cancellation consistent with Section 17.1.2.8(a). To satisfy its obligation to TxDOT. 9.1.4.2. In additiondeliver timely to IFA a written binder of insurance under this Section 17.1.2.4, Developer may deliver to IFA electronic documentation evincing binding of the Insurance Policies, so long as the original, written binder of insurance is delivered to IFA within a reasonable time after availability (but not to exceed 15 days)delivery of the electronic documentation, DB Contractor in no case later than 10 days thereafter. b. In addition, as soon as they become available, Developer shall deliver to TxDOT: IFA (ai) a complete certified copy of each such insurance policy Insurance Policy or modification, or renewal or replacement insurance policy Insurance Policy and all endorsements thereto and (bii) satisfactory evidence of payment of the premium therefor. 9.1.4.3. c. If DB Contractor Developer has not provided TxDOT IFA with the foregoing proof of coverage and payment within five (5) days after TxDOT IFA delivers to DB Contractor Developer written notice request therefor or Notice of an Event of a Developer Default under Section 16.1.1 19.1.1.10 and demand for the foregoing proof of coverage, TxDOT IFA may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: , (ai) obtain such an insurance policyInsurance Policy; and DB Contractor Developer shall reimburse TxDOT IFA for the cost thereof upon demand, and (bii) suspend all or any portion of Work for cause and close the Project until TxDOT IFA receives from DB Contractor Developer such proofs of coverage in compliance with this Section 9.1 17.1 (or until TxDOT IFA obtains an insurance policyInsurance Policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. 3.3.4.1 At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter not later than 10 days prior to the expiration date of each insurance policy, DB Contractor shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insuredsinsureds required under the CMC Documents, state the type and limits of coverage, deductibles deductibles, subrogation waiver, and termination provisions of the policy, include as attachments all additional insured endorsementsinsured, endorsements required under the CMC Documents, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, broker and otherwise be in a form reasonably satisfactory to TxDOT. Each such certificate of insurance evidencing policies required to be obtained by DB Contractor shall be accompanied by a letter signed by DB Contractor confirming that the insurances represented in the certificate of insurance fully comply with all provisions of this Section 3.3. DB Contractor certifies to TxDOT by submitting each Subcontractor certificate of insurance that the insurances represented in the certificate fully comply with the requirements of this Section 3.3 that are applicable to Subcontractor policies. 9.1.4.2. 3.3.4.2 In addition, within a reasonable time after availability receipt of a request by TxDOT for copies of insurance policies required to be obtained by DB Contractor (but not to exceed the later of 15 daysdays after the receipt of the actual policy and the receipt of TxDOT’s request), DB Contractor shall deliver to TxDOT: (ai) a complete certified copy of each such requested insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (bii) satisfactory evidence of payment of the premium therefor, which may be a letter from DB Contractor’s broker stating that all required premium payments have been made in accordance with the policy requirements. 9.1.4.3. 3.3.4.3 If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 7.6.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (ai) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (bii) suspend all or any portion of Work Maintenance Services for cause and or close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 3.3.4 (or until TxDOT obtains an insurance policy, if it elects to do so).. DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Texas Department of Transportation US 77 Upgrade from Kingsville to Dris October 3,23, 2012 coll Project 54 RFP Addendum 12 Design-Build Agreement Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Contractor shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. In addition, within a reasonable time after availability (but not to exceed 15 days), DB Contractor shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. 9.1.4.1 At each time DB Contractor Developer is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Contractor Developer shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insuredsinsureds required under the Contract Documents, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsementsendorsements required under the Contract Documents, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. 9.1.4.2 In addition, within a reasonable time after availability (but not to exceed 15 days), DB Contractor Developer shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. 9.1.4.3 If DB Contractor Developer has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor Developer written notice of an Event of Default under Section 16.1.1 16.1.2 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor Developer shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor Developer such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy7.3.4.1 Within 10 days of TxDOT issuing Base Scope Maintenance NTP1, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Maintenance Contractor shall deliver to TxDOT a certificate of insurance and written evidence of insurance for each required policy of insurance. The certificate and evidence must be consistent in all respects. The evidence of insurance shall be on the most recent ▇▇▇▇▇ form, without disclaimer. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence of insurance must be personally and manually signed by a representative or agent of the insurance company shown on the evidence of insurance with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence of insurance must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, list deductibles, include the required subrogation waiver, contain conforming termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.27.3.4.2 Maintenance Contractor shall promptly deliver to TxDOT a certificate of insurance and copies of all endorsements with respect to each renewal policy, as necessary to demonstrate the maintenance of the insurance coverages required under this Capital Maintenance Agreement. In additionSuch certificate shall be delivered prior to the expiration date of any policy and shall bear a notation evidencing payment of the premium therefor. 7.3.4.3 Upon TxDOT’s request, within a reasonable time after availability (but not to exceed 15 days), DB Maintenance Contractor shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. At each (i) Each time DB Contractor the Phase Developer is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractorsan Insurance Policy, and thereafter prior to not less than 10 Business Days before the expiration date of each insurance policyInsurance Policy, DB Contractor the Phase Developer shall deliver to TxDOT MDOT a written certificate(s) of insurance (which, in the case of an expiring Insurance Policy, provides evidence of renewal coverage after such expiration). Each certificate of insurance. Each insurance must: (A) be on the most recent ▇▇▇▇▇ form consistent with the required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, coverage; (B) state the identity of all carriersinsurers, named insureds insureds, and additional insureds, and state the type and limits of coverage, deductibles and termination provisions of the policy; (C) where applicable, include as attachments all additional insured endorsements, and ; and (D) be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. In addition(ii) Within 10 Business Days of receiving a request from MDOT, within a reasonable time after availability (but not to exceed 15 days), DB Contractor shall the Phase Developer must deliver to TxDOT: MDOT: (aA) a true and complete certified copy of each such insurance policy Insurance Policy or modification, or renewal or replacement insurance policy Insurance Policy and all endorsements thereto accompanied by a letter from the agent or broker placing the insurance certifying that the same is a true and complete copy thereof; and (bB) satisfactory evidence of payment of the premium thereforevidence, acceptable to MDOT (acting reasonably), that all premiums then due have been paid in full. 9.1.4.3. (iii) If DB Contractor has the Phase Developer: (A) fails or refuses to obtain or maintain in force the Insurance Policies; or (B) does not provided TxDOT provide MDOT with the foregoing proof of coverage and payment within five days Business Days after TxDOT delivers to DB Contractor MDOT requests such proof; MDOT may, upon five Business Days' written notice of an Event of Default under Section 16.1.1 and demand for to the foregoing proof of coveragePhase Developer, TxDOT may, in addition without prejudice to any other available remedy, without obligation or liability remedy and without further inquiry as to whether such insurance is actually in force: (a) , obtain such an insurance policy; and DB Contractor Insurance Policy. (iv) The Phase Developer shall reimburse TxDOT MDOT for the cost thereof upon demandMDOT incurs in obtaining any Insurance Policy under S ection 24.2(d)(iii) within 30 days of receiving an invoice from MDOT with respect to such costs. (v) MDOT may, and (b) without obligation or liability, suspend all or any portion of the Predevelopment Work for cause and close the Project until TxDOT receives from DB Contractor such during any time that any proofs of coverage in compliance with required by this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so)Article 24 have not been provided.

Verification of Coverage. 9.1.4.1. a. At each time DB Contractor Developer is required to initially obtain or cause to be obtained each insurance policyInsurance Policy, including insurance coverage required of SubcontractorsKey Contractors, and thereafter not later than ten Business Days prior to the expiration date of each insurance policyInsurance Policy, DB Contractor Developer shall deliver to TxDOT IFA a certificate of insurance and a written evidence of insurance. The certificate and evidence must be consistent in all respects. The evidence of insurance shall be on the most recent ▇▇▇▇▇ form, without disclaimer. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Lawsbe in standard form, state the identity of all carriers, named insureds and additional insuredsinsureds required under this Agreement, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all applicable additional insured endorsements, include endorsements consistent with Section 17.1.2.8(a) and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, including endorsements consistent with Section 17.1.2.8(a), and otherwise must be in form reasonably satisfactory to TxDOTIFA. 9.1.4.2. In addition, within a reasonable time after availability (but not to exceed 15 days), DB Contractor shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. b. If DB Contractor Developer has not provided TxDOT IFA with the foregoing proof of coverage and payment within five days after TxDOT IFA delivers to DB Contractor Developer written notice request therefor or written Notice of an Event of a Developer Default under Section 16.1.1 19.1.1.10 and demand for the foregoing proof of coverage, TxDOT IFA may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: , (ai) obtain such an insurance policyInsurance Policy; and DB Contractor Developer shall reimburse TxDOT IFA for the cost thereof upon demand, and (bii) suspend all or any portion of Work for cause and close the Project East End Crossing until TxDOT IFA receives from DB Contractor Developer such proofs of coverage in compliance with this Section 9.1 17.1 (or until TxDOT IFA obtains an insurance policyInsurance Policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy7.3.4.1 Within 10 days of TxDOT issuing Maintenance NTP1, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Maintenance Contractor shall deliver to TxDOT a certificate of insurance and written evidence of insurance for each required policy of insurance. The certificate and evidence must be consistent in all respects. The evidence of insurance shall be on the most recent ▇▇▇▇▇ form, without disclaimer. Each required certificate must be meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence of insurance must be personally and manually signed by a representative or agent of the insurance company shown on the evidence of insurance with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence of insurance must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, list deductibles, include the required subrogation waiver, contain conforming termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.27.3.4.2 Maintenance Contractor shall promptly deliver to TxDOT a certificate of insurance and copies of all endorsements with respect to each renewal policy, as necessary to demonstrate the maintenance of the insurance coverages required under this Capital Maintenance Agreement. In additionSuch certificate shall be delivered prior to the expiration date of any policy and shall bear a notation evidencing payment of the premium therefor. 7.3.4.3 Upon TxDOT’s request, within a reasonable time after availability (but not to exceed 15 days), DB Maintenance Contractor shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy7.4.4.1 Within 10 days of TxDOT issuing NTP1, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Maintenance Contractor shall deliver to TxDOT a certificate of insurance and a written evidence of insurance. The certificate and evidence must be consistent in all respects. The evidence of insurance shall be on the most recent ▇▇▇▇▇ form, without disclaimer. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Lawsbe in standard form, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.27.4.4.2 Maintenance Contractor shall promptly deliver to TxDOT a certificate of insurance and copies of all endorsements with respect to each renewal policy, as necessary to demonstrate the maintenance of the insurance coverages required under this Capital Maintenance Agreement. In additionSuch certificate shall be delivered prior to the expiration date of any policy and shall bear a notation evidencing payment of the premium therefor. 7.4.4.3 Upon TxDOT’s request, within a reasonable time after availability (but not to exceed 15 days), DB Maintenance Contractor shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy7.3.4.1 Within 10 days of TxDOT issuing Maintenance NTP1, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Maintenance Contractor shall deliver to TxDOT a certificate of insurance and written evidence of insurance for each required policy of insurance. The certificate and evidence must be consistent in all respects. The evidence of insurance shall be on the most recent ▇▇▇▇▇ form, without disclaimer. Each required certificate must meet be in standard formmeet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence of insurance must be personally and manually signed by a representative or agent of the insurance company shown on the evidence of insurance with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence of insurance must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, list deductibles, include the required subrogation waiver, contain conforming termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. In addition7.3.4.2 Maintenance Contractor shall promptly deliver to TxDOT a certificate of insurance and copies of all endorsements with respect to each renewal policy, within a reasonable time after availability (but not as necessary to exceed 15 days)demonstrate the maintenance of the insurance coverages required under this 7.3.4.3 Upon TxDOT’s request, DB Maintenance Contractor shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. 9.1.4.1 At each time DB Contractor Developer is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Contractor Developer shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. 9.1.4.2 In addition, within a reasonable time after availability (but not to exceed 15 days), DB Contractor Developer shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. 9.1.4.3 If DB Contractor Developer has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor Developer written notice of an Event of Default under Section 16.1.1 16.1.2 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor Developer shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor Developer such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. At each time DB Contractor (a) When Developer is required by the Contract Documents to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractorsan Insurance Policy, and thereafter prior to not less than ten days before the expiration date of each insurance policyInsurance Policy, DB Contractor Developer shall deliver to TxDOT LAWA a certificate written binder of insuranceinsurance in a form reasonably acceptable to LAWA. Each required certificate binder must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Lawsbe an original, state the identity of all carriersinsurers, named insureds and additional insureds, state the type and limits of coverage, deductibles deductibles, waiver of subrogation and termination provisions of the policy, list and describe all applicable endorsements, and include as attachments copies of all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or certificate, including its licensed agent or broker. Each required evidence binder must be personally and manually signed by a representative or agent of the insurance company shown on the evidence binder with proof a statement that the signer he/she is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits limits, endorsements and termination provisions shown on the evidencebinder. The evidence binder must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsementsand, include as attachments all additional insured endorsementsa provision that coverage cannot be canceled, and otherwise be voided, suspended, lapsed or modified or reduced in form reasonably satisfactory coverage except after 60 days’ (or for nonpayment of premium, 10 days’) prior written notice has been given to TxDOTLAWA. 9.1.4.2. (b) In addition, within a reasonable time after availability (but not to exceed 15 days)as soon as they become available, DB Contractor Developer shall deliver to TxDOT: LAWA (a) a true and complete certified copy of each such insurance policy Insurance Policy or modification, or renewal or replacement insurance policy Insurance Policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. (c) If DB Contractor Developer has not provided TxDOT LAWA with the foregoing proof of coverage and payment within 10 days after receipt of written request therefor, LAWA may, upon five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT mayto Developer, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) , obtain such an insurance policyInsurance Policy; and DB Contractor ▇▇▇▇▇▇▇▇▇ shall reimburse TxDOT LAWA for the cost thereof upon demand. In addition, and (b) LAWA shall have the right, without obligation or liability, to suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor Work, during any time that such proofs of coverage coverage, in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy10.1, if it elects to do so)have not been provided.

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy7.4.4.1 Within 10 days of TxDOT issuing NTP1, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Maintenance Contractor shall deliver to TxDOT a certificate of insurance and a written evidence of insurance. The certificate and evidence must be consistent in all respects. The evidence of insurance shall be on the most recent ▇▇▇▇▇ form, without disclaimer. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Lawsbe in standard form, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.27.4.4.2 Maintenance Contractor shall promptly deliver to TxDOT a certificate of insurance and copies of all endorsements with respect to each renewal policy, as necessary to demonstrate the maintenance of the insurance coverages required under this Capital Maintenance Agreement. In additionSuch certificate shall be delivered not less than 45 days prior to the expiration date of any policy and shall bear a notation evidencing payment of the premium therefor. 7.4.4.3 Upon TxDOT’s request, within a reasonable time after availability (but not to exceed 15 days), DB Maintenance Contractor shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. 3.3.4.1 At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter not later than 10 days prior to the expiration date of each insurance policy, DB Contractor shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insuredsinsureds required under the CMC Documents, state the type and limits of coverage, deductibles deductibles, subrogation waiver, and termination provisions of the policy, include as attachments all additional insured endorsementsinsured, endorsements required under the CMC Documents, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, broker and otherwise be in a form reasonably satisfactory to TxDOT. Each such certificate of insurance evidencing policies required to be obtained by DB Contractor shall be accompanied by a letter signed by DB Contractor confirming that the insurances represented in the certificate of insurance fully comply with all provisions of this Section 3.3. DB Contractor certifies to TxDOT by submitting each Subcontractor certificate of insurance that the insurances represented in the certificate fully comply with the requirements of this Section 3.3 that are applicable to Subcontractor policies. 9.1.4.2. 3.3.4.2 In addition, within a reasonable time after availability receipt of a request by TxDOT for copies of insurance policies required to be obtained by DB Contractor (but not to exceed the later of 15 daysdays after the receipt of the actual policy and the receipt of TxDOT’s request), DB Contractor shall deliver to TxDOT: (ai) a complete certified copy of each such requested insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (bii) satisfactory evidence of payment of the premium therefor, which may be a letter from DB Contractor’s broker stating that all required premium payments have been made in accordance with the policy requirements. 9.1.4.3. 3.3.4.3 If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 7.6.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (ai) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (bii) suspend all or any portion of Work Maintenance Services for cause and or close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 3.3.4 (or until TxDOT obtains an insurance policy, if it elects to do so).. DocuSign Envelope ID: 8320AD6C-99DF-41FA-9908-4E441F89A70B

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy7.3.4.1 Within 10 days of TxDOT issuing Maintenance NTP1, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Maintenance Contractor shall deliver to TxDOT a certificate of insurance and written evidence of insurance for each required policy of insurance. The certificate and evidence must be consistent in all respects. The evidence of insurance shall be on the most recent ▇▇▇▇▇ form, without disclaimer. Each required certificate must be meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional Texas Department of Transportation Execution Version Horseshoe Project 36 Capital Maintenance Agreement insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence of insurance must be personally and manually signed by a representative or agent of the insurance company shown on the evidence of insurance with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence of insurance must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, list deductibles, include the required subrogation waiver, contain conforming termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.27.3.4.2 Maintenance Contractor shall promptly deliver to TxDOT a certificate of insurance and copies of all endorsements with respect to each renewal policy, as necessary to demonstrate the maintenance of the insurance coverages required under this Capital Maintenance Agreement. In additionSuch certificate shall be delivered prior to the expiration date of any policy and shall bear a notation evidencing payment of the premium therefor. 7.3.4.3 Upon TxDOT’s request, within a reasonable time after availability (but not to exceed 15 days), DB Maintenance Contractor shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Contractor shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. In addition, within a reasonable time after availability (but not to exceed 15 days)) after availability, DB Contractor shall deliver to TxDOT: (a) (i) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).or

Verification of Coverage. 9.1.4.1. 9.1.4.1 At each time DB Contractor Developer is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Contractor Developer shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. 9.1.4.2 In addition, within a reasonable time after availability (but not to exceed 15 days), DB Contractor Developer shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. 9.1.4.3 If DB Contractor Developer has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor Developer written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor Developer shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor Developer such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. 9.1.4.1 At each time DB Contractor Developer is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Contractor Developer shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insuredsinsureds required under the Contract Documents, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsementsendorsements required under the Contract Documents, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. 9.1.4.2 In addition, within a reasonable time after availability (but not to exceed 15 days), DB Contractor Developer shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. 9.1.4.3 If DB Contractor Developer has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor Developer written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: : (a) obtain such an insurance policy; and DB Contractor Developer shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor Developer such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Contractor shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. In addition, within a reasonable time after availability (but not to exceed 15 days), DB Contractor shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. 9.1.4.1 At each time DB Contractor Developer is required to initially obtain or cause to be obtained each insurance policy, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Contractor Developer shall deliver to TxDOT a certificate of insurance. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable Laws, state the identity of all carriers, named insureds and additional insuredsinsureds required under the Contract Documents, state st ate the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsementsendorsements required under the Contract Documents, and be signed by an authorized representative of the insurance company comp any shown on the certificate or its agent or broker. Each required evidence must be personally and manually signed by a representative or agent of the insurance company shown on the evidence with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles, subrogation waiver, termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.2. 9.1.4.2 In addition, within a reasonable time after availability (but not to exceed 15 days), DB Contractor Developer shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. 9.1.4.3 If DB Contractor Developer has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor Developer written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor Developer shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor Developer such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).

Verification of Coverage. 9.1.4.1. At each time DB Contractor is required to initially obtain or cause to be obtained each insurance policy7.3.4.1 Within 10 days of TxDOT issuing Maintenance NTP1, including insurance coverage required of Subcontractors, and thereafter prior to the expiration date of each insurance policy, DB Maintenance Contractor shall deliver to TxDOT a certificate of insurance and written evidence of insurance for each required policy of insurance. The certificate and evidence must be consistent in all respects. The evidence of insurance shall be on the most recent ▇▇▇▇▇ form, without disclaimer. Each required certificate must meet the requirements of Texas Insurance Code Chapter 1811 and, to the extent permitted under applicable LawsLawsbe in standard form, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, deductibles and termination provisions of the policy, include as attachments all additional insured endorsements, and be signed by an authorized representative of the insurance company shown on the certificate or its agent or broker. Each required evidence of insurance must be personally and manually signed by a representative or agent of the insurance company shown on the evidence of insurance with proof that the signer is an authorized representative or agent of such insurance company and is authorized to bind it to the coverage, limits and termination provisions shown on the evidence. The evidence of insurance must be original, state the signer’s company affiliation, title and phone number, state the identity of all carriers, named insureds and additional insureds, state the type and limits of coverage, list deductibles, include the required subrogation waiver, contain conforming termination provisions of the policy and other essential policy terms, list and describe all endorsements, include as attachments all additional insured endorsements, and otherwise be in form reasonably satisfactory to TxDOT. 9.1.4.27.3.4.2 Maintenance Contractor shall promptly deliver to TxDOT a certificate of insurance and copies of all endorsements with respect to each renewal policy, as necessary to demonstrate the maintenance of the insurance coverages required under this Capital Maintenance Agreement. In additionSuch certificate shall be delivered prior to the expiration date of any policy and shall bear a notation evidencing payment of the premium therefor. 7.3.4.3 Upon TxDOT’s request, within a reasonable time after availability (but not to exceed 15 days), DB Maintenance Contractor shall deliver to TxDOT: (a) a complete certified copy of each such insurance policy or modification, or renewal or replacement insurance policy and all endorsements thereto and (b) satisfactory evidence of payment of the premium therefor. 9.1.4.3. If DB Contractor has not provided TxDOT with the foregoing proof of coverage and payment within five days after TxDOT delivers to DB Contractor written notice of an Event of Default under Section 16.1.1 and demand for the foregoing proof of coverage, TxDOT may, in addition to any other available remedy, without obligation or liability and without further inquiry as to whether such insurance is actually in force: (a) obtain such an insurance policy; and DB Contractor shall reimburse TxDOT for the cost thereof upon demand, and (b) suspend all or any portion of Work for cause and close the Project until TxDOT receives from DB Contractor such proofs of coverage in compliance with this Section 9.1 (or until TxDOT obtains an insurance policy, if it elects to do so).