Explanations; Omissions and Misdescriptions. Developer shall not take advantage of or benefit from any apparent Error in the CDA Documents. Should it appear that the Work to be done or any matter relative thereto is not sufficiently detailed or explained in the CDA Documents, Developer shall request in writing such further written explanations from TxDOT as may be necessary and shall comply with the explanation provided. Developer shall promptly notify TxDOT in writing of all Errors which it may discover in the CDA Documents (including those Reference Information Documents that are referenced in the CDA Documents, and pursuant to Section 1.2.3 above, are considered CDA 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 CDA Documents omit or misdescribe any details of any Work which are necessary to carry out the intent of the CDA 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, and they shall be performed as if fully and correctly set forth and described in the CDA Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 13.
Appears in 3 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Explanations; Omissions and Misdescriptions. Developer Fabricator shall not take advantage of or benefit from any apparent Error in the CDA Contract Documents. Should it appear that the Work to be done or any matter relative thereto is not sufficiently detailed or explained in the CDA Contract Documents, Developer Fabricator shall request apply to TxDOT in writing for such further written explanations from TxDOT as may be necessary and shall comply with conform to the explanation provided. Developer Fabricator shall promptly notify TxDOT in writing of all Errors which it may discover in the CDA Documents (including those Reference Information Documents that are referenced in the CDA Contract Documents, and pursuant to Section 1.2.3 above, are considered CDA 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 CDA Contract Documents omit or misdescribe any details of any Work which are necessary to carry out the intent of the CDA Contract Documents, or which are customarily performed, shall not relieve Developer Fabricator 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 CDA Contract Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 1311.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Explanations; Omissions and Misdescriptions. Developer shall not take advantage of or benefit from any apparent Error in the CDA Contract Documents. Should it appear that the Work to be done or any matter relative thereto is not sufficiently detailed or explained in the CDA Contract Documents, Developer shall request in writing such further written explanations from TxDOT as may be necessary and shall comply with the explanation provided. Developer shall promptly notify TxDOT in writing wr iting of all Errors which it may discover in the CDA Contract Documents (including those Reference Information Documents that are referenced in the CDA Contract Documents, and pursuant to Section 1.2.3 above, are considered CDA 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 CDA Contract Documents omit or misdescribe any details of any Work which are necessary to carry out the intent of the CDA 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, and they shall be performed as if fully and correctly set forth and described in the CDA Contract Documents, without entitlement to a Change Order hereunder except as specifically allowed under Section 13.
Appears in 1 contract
Samples: Development Agreement