Common use of Final Design Documents Clause in Contracts

Final Design Documents. In the event of any conflict, ambiguity or inconsistency among the Contract Documents and the Final Design Documents to be developed in accordance with the Contract Documents, the other Contract Documents shall prevail; provided that: (a) specifications contained in the Final Design Documents shall prevail over plans; (b) no conflict shall be deemed to exist with respect to requirements of the Final Design Documents that TxDOT determines are more beneficial than the other Contract Documents; and (c) other Deviations contained in the Final Design Documents shall prevail over conflicting requirements of other Contract Documents solely to the extent Developer notifies TxDOT of such conflicts and TxDOT approves such Deviations.

Appears in 9 contracts

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

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Final Design Documents. In the event of any conflict, ambiguity or inconsistency among the Contract Documents and the Final Design Documents to be developed in accordance with the Contract Documents, the other Contract Documents shall prevail; provided that: (a) specifications contained in the Final Design Documents shall prevail over plans; (b) no conflict shall be deemed to exist with respect to requirements of the Final Design Documents that TxDOT determines are more beneficial than the other Contract Documents; and (c) other Deviations contained in the Final Design Documents shall prevail over conflicting requirements of other Contract Documents solely to the extent the Developer notifies TxDOT of such conflicts and TxDOT approves such Deviations.

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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