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Tools & Programs: SEP-15

Texas Toll Roads Statewide Open-Road Toll Collection System Project (TX Toll Collection System)

Comprehensive Development Agreement TxDot Statewide Open-Road Toll Collection System

SECTION 14. SUSPENSION

14.1 Suspensions for Convenience

TxDOT may, at any time and for any reason, by written notice, order Developer to suspend all or any part of the Work required under the Contract Documents for the period of time that TxDOT deems appropriate for the convenience of TxDOT. Developer shall promptly comply with any such written suspension order. Developer shall promptly recommence the Work upon receipt of written notice from TxDOT directing Developer to resume work. Any such suspension for convenience shall be considered a TxDOT-Directed Change; provided that TxDOT shall have the right to direct suspensions for convenience on an individual Pilot System and Project Segment basis not exceeding 48 hours each up to a total of 168 hours per Pilot System or Project Segment, as applicable, which shall not be considered a TxDOT-Directed Change. Adjustments of the applicable Price and Completion Deadlines shall be available for any such TxDOT-Directed Change, subject to Developer's compliance with the terms and conditions set forth in Section 13.

14.2 Suspensions for Cause

TxDOT has the authority to suspend the Work by written order, wholly or in part, for Developer's failure to:

(a) Correct conditions unsafe for the Project personnel or the general public; or

(b) Comply with any Governmental Approval, Law or otherwise carry out the requirements of the Contract Documents; or

(c) Carry out orders of TxDOT; or

(d) Comply with requirements for developing and implementing the Professional Services Quality Program and the Construction Quality Program; or

(e) Comply with environmental requirements.

Developer shall promptly comply with any such written suspension order. Developer shall promptly recommence the Work upon receipt of written notice from TxDOT directing Developer to resume work. TxDOT shall have no liability to Developer in connection with any such suspension.

14.3 Responsibilities of Developer During Suspension Periods

During periods that Work is suspended, Developer shall continue to be responsible for the Work and shall prevent damage or injury to the Project, provide for drainage and shall erect necessary temporary structures, signs or other facilities required to maintain the Project. Additionally, Developer shall continue other Work that has been or can be performed at a Project Site or offsite during the period that Work is suspended.

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