Common use of Explanations; Omissions and Misdescriptions Clause in Contracts

Explanations; Omissions and Misdescriptions. DB Contractor shall not take advantage of or benefit from any apparent Error in the Contract Documents. Should it appear that the Work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, DB Contractor shall request in writing such further written explanations from TxDOT as may be necessary and shall comply with the explanation provided. DB Contractor shall promptly notify TxDOT in writing of all Errors which it may discover in the Contract Documents (including those Reference Information Documents that are referenced in the Contract Documents, and pursuant to Section 1.2.3 above, are considered Contract Documents), and shall obtain specific instructions in writing from TxDOT regarding any such Error before proceeding with the Work affected thereby. The fact that the Contract Documents omit or misdescribe any details of any Work which are necessary to carry out the intent of the Contract Documents, or which are customarily performed, shall not relieve DB Contractor from performing such omitted Work (no matter how extensive) or misdescribed details of the Work, and they shall be performed as if fully and correctly set forth and described in the Contract Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 13.

Appears in 13 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

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Explanations; Omissions and Misdescriptions. DB Contractor Developer shall not take advantage of or benefit from any apparent Error in the Contract Documents. Should it appear that the Work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, DB Contractor Developer shall request in writing such further written explanations from TxDOT as may be necessary and shall comply with the explanation provided. DB Contractor Developer shall promptly notify TxDOT in writing of all Errors which it may discover in the Contract Documents (including those Reference Information Documents that are referenced in the Contract Documents, and pursuant to Section 1.2.3 above, are considered Contract Documents), and shall obtain specific instructions in writing from TxDOT regarding any such Error before proceeding with the Work affected thereby. The fact that the Contract Documents omit or misdescribe any details of any Work which are necessary to carry out the intent of the Contract Documents, or which are customarily performed, shall not relieve DB Contractor Developer from performing such omitted Work (no matter how extensive) or misdescribed details of the Work, and they shall be performed as if fully and correctly set forth and described in the Contract Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 13.

Appears in 5 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

Explanations; Omissions and Misdescriptions. DB Contractor shall not take advantage of or benefit from any apparent Error in the Contract Documents. Should it appear that the Work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, DB Contractor shall request in writing such further written explanations from TxDOT as may be necessary and shall comply with the explanation provided. DB Contractor shall promptly notify TxDOT in writing of all Errors which that it may discover in the Contract Documents (including those Reference Information Documents that are referenced in the Contract Documents, and pursuant to Section 1.2.3 above, are considered Contract Documents), and shall obtain specific instructions in writing from TxDOT regarding any such Error before proceeding with the Work affected thereby. The fact that the Contract Documents omit or misdescribe any details of any Work which that are necessary to carry out the intent of the Contract Documents, or which that are customarily performed, shall not relieve DB Contractor from performing such omitted Work (no matter how extensive) or misdescribed details of the Work, and they shall be performed as if fully and correctly set forth and described in the Contract Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 13.

Appears in 4 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

Explanations; Omissions and Misdescriptions. DB Contractor shall not take advantage of or benefit from any apparent Error in the Contract DBA Documents. Should it appear that the Work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract DBA Documents, DB Contractor shall request in writing such further written explanations from TxDOT as may be necessary and shall comply with the explanation provided. DB Contractor shall promptly notify TxDOT in writing of all Errors which it may discover in the Contract DBA Documents (including those Reference Information Documents that are referenced in the Contract DBA Documents, and pursuant to Section 1.2.3 above, are considered Contract DBA Documents), and shall obtain specific instructions in writing from TxDOT regarding any such Error before proceeding with the Work affected thereby. The fact that the Contract DBA Documents omit or misdescribe any details of any Work which are necessary to carry out the intent of the Contract DBA Documents, or which are customarily performed, shall not relieve DB Contractor from performing such omitted Work (no matter how extensive) or misdescribed details of the Work, and they shall be performed as if fully and correctly set forth and described in the Contract DBA Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 13.

Appears in 4 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

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Explanations; Omissions and Misdescriptions. DB Contractor Integrator shall not take advantage of or benefit from any apparent Error in the Contract Documents. Should it appear that the Work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, DB Contractor Integrator shall request in writing such further written explanations from TxDOT as may be necessary and shall comply with the explanation provided. DB Contractor Integrator shall promptly notify TxDOT in writing of all Errors which it may discover in the Contract Documents (including those Reference Information Documents that are referenced in the Contract Documents, and pursuant to Section 1.2.3 1.2 (c) above, are considered Contract Documents), and shall obtain specific instructions in writing from TxDOT regarding any such Error before proceeding with the Work affected thereby. The fact that the Contract Documents omit or misdescribe any details of any Work which are necessary to carry out the intent of the Contract Documents, or which are customarily performed, shall not relieve DB Contractor Integrator from performing such omitted Work (no matter how extensive) or misdescribed details of the Work, and they shall be performed as if fully and correctly set forth and described in the Contract Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 13.

Appears in 1 contract

Samples: And Maintenance Agreement

Explanations; Omissions and Misdescriptions. DB Contractor Developer shall not take advantage of or benefit from any apparent Error in the Contract Documents. Should it appear that the Work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, DB Contractor Developer shall request in writing such further written explanations from TxDOT as may be necessary and shall comply with the explanation provided. DB Contractor Developer shall promptly notify TxDOT in writing wr iting of all Errors which it may discover in the Contract Documents (including those Reference Information Documents that are referenced in the Contract Documents, and pursuant to Section 1.2.3 above, are considered Contract Documents), and shall obtain specific sp ecific instructions in writing from TxDOT regarding any such Error before proceeding with the Work affected thereby. The fact that the Contract Documents omit or misdescribe any details of any Work which are necessary to carry out the intent of the Contract Documents, or which are customarily performed, shall not relieve DB Contractor Developer from performing such omitted Work (no matter how extensive) or misdescribed details of the Work, and they shall be performed as if fully and correctly set forth and described in the Contract Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 13.

Appears in 1 contract

Samples: Development Agreement

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