Explanations; Omissions and Misdescriptions. DB Contractor shall not take advantage of or benefit from any apparent Error in the 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 CMC 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 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 are 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 CMC Documents omit or misdescribe any details of any Maintenance Services that are necessary to carry out the intent of the CMC Documents, or that are customarily performed, shall not relieve 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 CMC Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 4.5.
Appears in 5 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
Explanations; Omissions and Misdescriptions. DB Maintenance Contractor shall not take advantage of or benefit from any apparent Error in the CMC 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 CMC CMA Documents, DB Maintenance Contractor shall request in writing such further written explanations from TxDOT as may be necessary and shall comply with the explanation provided. DB Maintenance Contractor shall promptly notify TxDOT in writing of all Errors that which it may discover in the CMC Documents (including those Reference Information Documents that are referenced in the CMC CMA Documents, and pursuant to Section 1.4.1 of the CMA are 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 CMC CMA Documents omit or misdescribe any details of any Maintenance Services that are necessary to carry out the intent of the CMC CMA Documents, or that are customarily performed, shall not relieve DB 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 CMC CMA Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 4.510.
Appears in 4 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
Explanations; Omissions and Misdescriptions. DB Contractor shall not take advantage of or benefit from any apparent Error in the CMC 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 CMC CMA 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 that it may discover discovers in the CMC Documents (including those Reference Information Documents that are referenced in the CMC CMA Documents, and pursuant to Section 1.4.1 of the CMA are 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 CMC CMA Documents omit or misdescribe any details of any Maintenance Services that are necessary to carry out the intent of the CMC Documents, CMA Documents or that are customarily performed, performed shall not relieve 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 CMC CMA Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 4.510.
Appears in 4 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
Explanations; Omissions and Misdescriptions. DB Contractor Developer shall not take advantage of or benefit from any apparent Error in the CMC CDA Documents. Should it appear that the Maintenance Services Work to be done or any matter relative thereto is not sufficiently detailed or explained in the CMC CDA 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 that which it may discover in the CMC CDA Documents (including those Reference Information Documents that are referenced in the CMC CDA Documents, and pursuant to Section 1.4.1 of the CMA 1.2.3 above, are considered CMC Documents to the extent so referencedCDA Documents), and shall obtain specific instructions in writing from TxDOT regarding any such Error before proceeding with the Maintenance Services Work affected thereby. The fact that the CMC CDA Documents omit or misdescribe any details of any Maintenance Services that Work which are necessary to carry out the intent of the CMC CDA Documents, or that which are customarily performed, shall not relieve DB Contractor Developer from performing such omitted Maintenance Services Work (no matter how extensive) or misdescribed details of the Maintenance ServicesWork, and they shall be performed as if fully and correctly set forth and described in the CMC CDA Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 4.513.
Appears in 3 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Explanations; Omissions and Misdescriptions. DB Contractor shall not take advantage of or benefit from any apparent Error in the 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 CMC 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 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 are 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 CMC Documents omit or misdescribe any details of any Maintenance Services that are necessary to carry out the intent of the CMC Documents, or that are customarily performed, shall not relieve 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 CMC Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 4.5.
Appears in 2 contracts
Samples: Capital Maintenance Agreement, www.txdot.gov
Explanations; Omissions and Misdescriptions. DB Maintenance Contractor shall not take advantage of or benefit from any apparent Error in the CMC 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 CMC COMA Documents, DB Maintenance Contractor shall request in writing such further written explanations from TxDOT as may be necessary and shall comply with the explanation provided. DB Maintenance Contractor shall promptly notify TxDOT in writing of all Errors that which it may discover in the CMC Documents (including those Reference Information Documents that are referenced in the CMC COMA Documents, and pursuant to Section 1.4.1 of the CMA are 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 CMC COMA Documents omit or misdescribe any details of any Maintenance Services that are necessary to carry out the intent of the CMC COMA Documents, or that are customarily performed, shall not relieve DB 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 CMC COMA Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 4.510.
Appears in 1 contract
Samples: Comprehensive Maintenance Agreement
Explanations; Omissions and Misdescriptions. DB Maintenance Contractor shall not take advantage of or benefit from any apparent Error in the CMC 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 CMC CMA Documents, DB Maintenance Contractor shall request in writing such further written explanations from TxDOT as may be necessary and shall comply with the explanation provided. DB Maintenance Contractor shall promptly notify TxDOT in writing of all Errors that which it may discover in the CMC Documents (including those Reference Information Documents that are referenced in the CMC CMA Documents, and pursuant to Section 1.4.1 of the CMA are 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 CMC CMA Documents omit or misdescribe any details of any Maintenance Services that are necessary to carry out the intent of the CMC CMA Documents, or that are customarily performed, shall not relieve DB 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 CMC CMA Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 4.510.
Appears in 1 contract
Samples: Disputes Board Agreement