Common use of Explanations; Omissions and Misdescriptions Clause in Contracts

Explanations; Omissions and Misdescriptions. Developer shall not take advantage of or benefit from any apparent Error in the Contract Documents. If Developer determines that the Work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, Developer shall request further explanation from TxDOT and shall comply with any explanation thereafter provided by TxDOT. If Developer identifies any Errors in the Contract Documents (including those Reference Information Documents described in Section 1.2.6), Developer shall promptly notify TxDOT of such Errors and obtain specific instructions from TxDOT regarding any such Error before proceeding with the affected Work. The fact that the Contract Documents omit or misdescribe any details of any Work that are necessary to carry out the intent of the Contract Documents, or are customarily performed, shall not relieve Developer from performing such omitted Work (no matter how extensive) or misdescribed details of the Work; rather Developer shall perform such Work as if the details were fully and correctly set forth and described in the Contract Documents without entitlement to a Change Order except as specifically allowed under Section 12.

Appears in 8 contracts

Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement

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Explanations; Omissions and Misdescriptions. Developer shall not take advantage of or benefit from any apparent Error in the Contract Documents. If Developer determines Should it appear that the Work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, Developer shall request in writing such further explanation written explanations from TxDOT as may be necessary and shall comply with any the explanation thereafter provided by TxDOTprovided. If Developer identifies any shall promptly notify TxDOT in writing of all Errors which it may discover in the Contract Documents (including those Reference Information Documents described that are referenced in the Contract Documents and, pursuant to Section 1.2.61.2.3 above, are considered Contract Documents), Developer and shall promptly notify TxDOT of such Errors and obtain specific instructions in writing from TxDOT regarding any such Error before proceeding with the Work affected Workthereby. The fact that the Contract Documents omit or misdescribe any details of any Work that which are necessary to carry out the intent of the Contract Documents, or which are customarily performed, shall not relieve Developer from performing such omitted Work (no matter how extensive) or misdescribed details of the Work; rather Developer , and they shall perform such Work be performed as if the details were fully and correctly set forth and described in the Contract Documents Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 1213.

Appears in 5 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

Explanations; Omissions and Misdescriptions. Developer shall not take advantage of or benefit from any apparent Error in the Contract Documents. If Developer determines that the Work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, Developer shall request further explanation from TxDOT and shall comply with any explanation thereafter provided by TxDOT. If the Developer identifies any Errors in the Contract Documents (including those Reference Information Documents described in Section 1.2.61.3.3), the Developer shall promptly notify TxDOT of such Errors and obtain specific instructions from TxDOT regarding any such Error before proceeding with the affected Work. The fact that the Contract Documents omit or misdescribe any details of any Work that are necessary to carry out the intent of the Contract Documents, or are customarily performed, shall not relieve Developer from performing such omitted Work (no matter how extensive) or misdescribed details of the Work; rather Developer shall perform such Work as if the details were fully and correctly set forth and described in the Contract Documents without entitlement to a Change Order except as specifically allowed under Section 12.

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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Explanations; Omissions and Misdescriptions. Developer shall not take advantage of or benefit from any apparent Error in the Contract Documents. If Developer determines that the Work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, Developer shall request further explanation from TxDOT and shall comply with any explanation thereafter provided by TxDOT. If Developer identifies any Errors in the Contract Documents (including those Reference Information Documents described in Section 1.2.61.3.3), Developer shall promptly notify TxDOT of such Errors and obtain specific instructions from TxDOT regarding any such Error before proceeding with the affected Work. The fact that the Contract Documents omit or misdescribe any details of any Work that are necessary to carry out the intent of the Contract Documents, or are customarily performed, shall not relieve Developer from performing such omitted Work (no matter how extensive) or misdescribed details of the Work; rather Developer shall perform such Work as if the details were fully and correctly set forth and described in the Contract Documents without entitlement to a Change Order except as specifically allowed under Section 12.

Appears in 1 contract

Samples: Development Agreement

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