Effect of TxDOT Activities on Warranties. DB Contractor acknowledges and agrees that TxDOT and its agents or contractors may perform certain maintenance work during the period in which the Warranties are in effect, and DB Contractor agrees that the Warranties shall apply notwithstanding such work, provided that DB Contractor’s obligations under this Section 9 shall only apply to the extent the repair, replacement or correction of Maintenance Services is required as a result of the Maintenance Services failing to satisfy the Warranties set forth in Section 9.1.
Appears in 10 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
Effect of TxDOT Activities on Warranties. DB Contractor acknowledges and agrees that TxDOT and its agents or contractors may perform certain maintenance work during the period in which the Warranties are in effect, effect and DB Contractor agrees that the Warranties shall apply notwithstanding such work, activities; provided however that DB Contractor’s obligations under this Section 9 shall only apply Contractor does not hereby waive any rights, claims or remedies to the extent the repair, replacement or correction of Maintenance Services is required which it may be entitled as a result of the Maintenance Services failing to satisfy the Warranties set forth in Section 9.1such activities.
Appears in 4 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement