Common use of Explanations; Omissions and Mis-descriptions Clause in Contracts

Explanations; Omissions and Mis-descriptions. Maintenance Contractor shall not take advantage of or benefit from any apparent Error in the COMA Documents. Should it appear that the Maintenance Services to be done or any matter relative thereto is not sufficiently detailed or explained in the COMA Documents, Maintenance Contractor shall request in writing such further written explanations from TxDOT as may be necessary and shall comply with the explanation provided. Maintenance Contractor shall promptly notify TxDOT in writing of all Errors which it may discover in the COMA Documents, and shall obtain specific instructions in writing from TxDOT regarding any such Error before proceeding with the Maintenance Services affected thereby. The fact that the COMA Documents omit or mis-describe any details of any Maintenance Services that are necessary to carry out the intent of the COMA Documents, or that are customarily performed, shall not relieve Maintenance Contractor from performing such omitted Maintenance Services (no matter how extensive) or mis-described details of the Maintenance Services, and they shall be performed as if fully and correctly set forth and described in the COMA Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 10.

Appears in 5 contracts

Samples: Comprehensive Maintenance Agreement, Comprehensive Maintenance Agreement, Comprehensive Maintenance Agreement

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Explanations; Omissions and Mis-descriptions. Maintenance DB Contractor shall not take advantage of or benefit from any apparent Error in the COMA CMA Documents. Should it appear that the Maintenance Services to be done or any matter relative thereto is not sufficiently detailed or explained in the COMA CMA Documents, Maintenance DB Contractor shall request in writing such further written explanations from TxDOT as may be necessary and shall comply with the explanation provided. Maintenance DB Contractor shall promptly notify TxDOT in writing of all Errors which it may discover in the COMA CMA Documents, and shall obtain specific instructions in writing from TxDOT regarding any such Error before proceeding with the Maintenance Services affected thereby. The fact that the COMA CMA Documents omit or mis-describe any details of any Maintenance Services that are necessary to carry out the intent of the COMA CMA Documents, or that are customarily performed, shall not relieve Maintenance DB Contractor from performing such omitted Maintenance Services (no matter how extensive) or mis-described details of the Maintenance Services, and they shall be performed as if fully and correctly set forth and described in the COMA CMA Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 10.

Appears in 3 contracts

Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement

Explanations; Omissions and Mis-descriptions. Maintenance DB Contractor shall not take advantage of or benefit from any apparent Error in the COMA Documents. Should it appear that the Maintenance Services to be done or any matter relative thereto is not sufficiently detailed or explained in the COMA Documents, Maintenance DB Contractor shall request in writing such further written explanations from TxDOT as may be necessary and shall comply with the explanation provided. Maintenance DB Contractor shall promptly notify TxDOT in writing of all Errors which it may discover in the COMA Documents, and shall obtain specific instructions in writing from TxDOT regarding any such Error before proceeding with the Maintenance Services affected thereby. The fact that the COMA Documents omit or mis-mis- describe any details of any Maintenance Services that are necessary to carry out the intent of the COMA Documents, or that are customarily performed, shall not relieve Maintenance DB Contractor from performing such omitted Maintenance Services (no matter how extensive) or mis-described details of the Maintenance Services, and they shall be performed as if fully and correctly set forth and described in the COMA Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 10.

Appears in 2 contracts

Samples: Comprehensive Maintenance Agreement, Comprehensive Maintenance Agreement

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Explanations; Omissions and Mis-descriptions. Maintenance DB Contractor shall not take advantage of or benefit from any apparent Error in the COMA CMA Documents. Should it appear that the Maintenance Services to be done or any matter relative thereto is not sufficiently detailed or explained in the COMA CMA Documents, Maintenance DB Contractor shall request in writing such further written explanations from TxDOT as may be necessary and shall comply with the explanation provided. Maintenance DB Contractor shall promptly notify TxDOT in writing of all Errors which that it may discover discovers in the COMA CMA Documents, and shall obtain specific instructions in writing from TxDOT regarding any such Error before proceeding with the Maintenance Services affected thereby. The fact that the COMA CMA Documents omit or mis-describe any details of any Maintenance Services that are necessary to carry out the intent of the COMA Documents, CMA Documents or that are customarily performed, performed shall not relieve Maintenance DB Contractor from performing such omitted Maintenance Services (no matter how extensive) or mis-described details of the Maintenance Services, and they shall be performed as if fully and correctly set forth and described in the COMA CMA Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 10.

Appears in 1 contract

Samples: Capital Maintenance Agreement

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