Common use of Developer Responsibility Clause in Contracts

Developer Responsibility. Xxxxxxxxx agrees that it has full responsibility for the design of the Project and that Developer will furnish the design of the Project, excluding only the FM 407 Design if the Developer elects not to deviate from the FM 407 Design, regardless of the fact that aspects of the Draft Interim Schematic have been provided to Developer as a preliminary basis for Developer’s design. Developer specifically acknowledges and agrees that: (a) Developer is not entitled to rely on: (i) the Draft Interim Schematic except as specified in Section 3.3.2, (ii) the Reference Information Documents, or (iii) any other documents or information provided by TxDOT, except to the extent specifically permitted in the Contract Documents. (b) Developer is responsible for correcting any Errors in the Draft Interim Schematic through the design and/or construction process without any increase in the Price or extension of a Completion Deadline, subject only to the right to a Change Order with respect to Necessary Basic Configuration Changes to the extent permitted by Section 13.8.6. (c) Developer has diligently reviewed and verified the FM 407 Design for Errors which may affect design or constructability. (d) TxDOT’s liability for Errors in the Draft Interim Schematic is limited to its obligations relating to Necessary Basic Configuration Changes as set forth in Section 2.1.3.3 and provision of access to parcels within the Draft Interim Schematic ROW limits, and is subject to the requirements and limitations of Section 13. TxDOT’s liability to Developer for Errors in the FM 407 Design is limited to the extent set forth in Section 3.3.3. (e) Developer’s warranties and indemnities hereunder cover Errors in the Project even though they may arise from or be related to Errors in the Draft Interim Schematic. (f) Developer is responsible for verifying all calculations and quantity takeoffs contained in the RFP Documents or otherwise provided by TxDOT.

Developer Responsibility. Xxxxxxxxx agrees that it has full responsibility for the design of the Project and that Developer will furnish the design of the Project, excluding only the FM 407 Design if the Developer elects not to deviate from the FM 407 Design, regardless of the fact that aspects of the Draft Interim Schematic have been provided to Developer as a preliminary basis for Developer’s design. Developer specifically acknowledges and agrees that: (a) Developer is not entitled to rely on: (i) the Draft Interim Schematic except as specified in Section 3.3.2, (ii) the Reference Information Documents, or (iii) any other documents or information provided by TxDOT, except to the extent specifically permitted in the Contract Documents. (b) Developer is responsible for correcting any Errors in the Draft Interim Schematic through the design and/or construction process without any increase in the Price or extension of a Completion Deadline, subject only to the right to a Change Order with respect to Necessary Basic Configuration Changes to the extent permitted by Section 13.8.6. (c) Developer has diligently reviewed and verified the FM 407 Design for Errors which may affect design or constructability. (d) TxDOT’s liability for Errors in the Draft Interim Schematic is limited to its obligations relating to Necessary Basic Configuration Changes as set forth in Section 2.1.3.3 and provision of access to parcels within the Draft Interim Schematic ROW limits, and is subject to the requirements and limitations of Section 13. TxDOT’s liability to Developer for Errors in the FM 407 Design is limited to the extent set forth in Section 3.3.3. (ed) DeveloperXxxxxxxxx’s warranties and indemnities hereunder cover Errors in the Project even though they may arise from or be related to Errors in the Draft Interim Schematic. (fe) Developer is responsible for verifying all calculations and quantity takeoffs contained in the RFP Documents or otherwise provided by TxDOT.