Explanations; Omissions and Misdescriptions. Maintenance Contractor shall not take advantage of or benefit from any apparent Error in the 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 CMA 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 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 CMA Documents omit or misdescribe any details of any Maintenance Services that are necessary to carry out the intent of the CMA Documents, or that are customarily performed, shall not relieve Maintenance Contractor from performing such omitted Maintenance Services (no matter how extensive) or misdescribed details of the Maintenance Services, and they shall be performed as if fully and correctly set forth and described in the CMA Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 10.
Appears in 7 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
Explanations; Omissions and Misdescriptions. Maintenance DB Contractor shall not take advantage of or benefit from any apparent Error in the CMA CMC Documents. Should it appear that the Maintenance Services to be done or any matter relative thereto is not sufficiently detailed or explained in the CMA CMC 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 in the CMC Documents (including those Reference Information Documents that are referenced in the CMC Documents, and pursuant to Section 1.4.1 of the CMA Documentsare considered CMC Documents to the extent so referenced), 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 CMA CMC Documents omit or misdescribe any details of any Maintenance Services that are necessary to carry out the intent of the CMA CMC Documents, or that are customarily performed, shall not relieve Maintenance DB Contractor from performing such omitted Maintenance Services (no matter how extensive) or misdescribed details of the Maintenance Services, and they shall be performed as if fully and correctly set forth and described in the CMA CMC Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 104.5.
Appears in 6 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
Explanations; Omissions and Misdescriptions. Maintenance DB Contractor shall not take advantage of or benefit from any apparent Error in the 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 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 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 CMA Documents omit or misdescribe any details of any Maintenance Services that are necessary to carry out the intent of the CMA Documents, Documents or that are customarily performed, performed shall not relieve Maintenance DB Contractor from performing such omitted Maintenance Services (no matter how extensive) or misdescribed details of the Maintenance Services, and they shall be performed as if fully and correctly set forth and described in the CMA Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 10.
Appears in 4 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
Explanations; Omissions and Misdescriptions. Maintenance DB Contractor shall not take advantage of or benefit from any apparent Error in the CMA CMC Documents. Should it appear that the Maintenance Services to be done or any matter relative thereto is not sufficiently detailed or explained in the CMA CMC 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 in the CMA CMC 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 CMA CMC Documents omit or misdescribe any details of any Maintenance Services that are necessary to carry out the intent of the CMA CMC Documents, or that are customarily performed, shall not relieve Maintenance DB Contractor from performing such omitted Maintenance Services (no matter how extensive) or misdescribed details of the Maintenance Services, and they shall be performed as if fully and correctly set forth and described in the CMA CMC Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 104.5.
Appears in 3 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
Explanations; Omissions and Misdescriptions. Maintenance Contractor shall not take advantage of or benefit from any apparent Error in the CMA Documents. Should it appear that the Maintenance Services to be done performed or any matter relative thereto is not sufficiently detailed or explained in the CMA 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 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 CMA Documents omit or misdescribe any details of any Maintenance Services that are necessary to carry out the intent of the CMA Documents, or that are customarily performed, shall not relieve Maintenance Contractor from performing such omitted Maintenance Services (no matter how extensive) or misdescribed details of the Maintenance Services, and they shall be performed as if fully and correctly set forth and described in the CMA Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 10.
Appears in 1 contract
Samples: Capital Maintenance Agreement
Explanations; Omissions and Misdescriptions. Maintenance Contractor shall not take advantage of or benefit from any apparent Error in the CMA 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 CMA 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 CMA 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 CMA COMA Documents omit or misdescribe any details of any Maintenance Services that are necessary to carry out the intent of the CMA COMA Documents, or that are customarily performed, shall not relieve Maintenance Contractor from performing such omitted Maintenance Services (no matter how extensive) or misdescribed details of the Maintenance Services, and they shall be performed as if fully and correctly set forth and described in the CMA COMA Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 10.
Appears in 1 contract
Samples: Comprehensive Maintenance Agreement
Explanations; Omissions and Misdescriptions. Maintenance Contractor shall not take advantage of or benefit from any apparent Error in the CMA Documents. Should it appear that the Maintenance Services to be done Texas Department of Transportation Execution Version Horseshoe Project 6 Capital Maintenance Agreement performed or any matter relative thereto is not sufficiently detailed or explained in the CMA 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 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 CMA Documents omit or misdescribe any details of any Maintenance Services that are necessary to carry out the intent of the CMA Documents, or that are customarily performed, shall not relieve Maintenance Contractor from performing such omitted Maintenance Services (no matter how extensive) or misdescribed details of the Maintenance Services, and they shall be performed as if fully and correctly set forth and described in the CMA Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 10.
Appears in 1 contract
Samples: Capital Maintenance Agreement