Interpretation of Coma Documents. In the COMA Documents, where appropriate: the singular includes the plural and vice versa; references to statutes or regulations include all statutory or regulatory provisions consolidating, amending or replacing the statute or regulation referred to; the words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation”; unless otherwise indicated references to sections, appendices or schedules are to this Comprehensive Maintenance Agreement; words such as “herein,” “hereof” and “hereunder” shall refer to the entire document in which they are contained and not to any particular provision or section; words not otherwise defined that have well-known technical or construction industry meanings, are used in accordance with such recognized meanings; references to Persons include their respective permitted successors and assigns and, in the case of Governmental Entities, Persons succeeding to their respective functions and capacities; and words of any gender used herein shall include each other gender where appropriate. Unless otherwise specified, lists contained in the COMA Documents defining the Project or the Maintenance Services shall not be deemed all-inclusive. Maintenance Contractor acknowledges and agrees that it had the opportunity and obligation, prior to submission of its Proposal, to review the terms and conditions of the COMA Documents and to bring to the attention of TxDOT any conflicts or ambiguities contained therein. Maintenance Contractor further acknowledges and agrees that it has independently reviewed the COMA Documents with legal counsel, and that it has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the COMA Documents. Accordingly, if an ambiguity in, or there is a dispute regarding, the interpretation of the COMA Documents, they shall not be interpreted or construed against the Person which prepared them, and, instead, other rules of interpretation and construction shall be used. TxDOT’s interim or final answers to the questions posed during the Proposal process for this Comprehensive Maintenance Agreement shall in no event be deemed part of the COMA Documents and shall not be relevant in interpreting the COMA Documents except to the extent they may clarify provisions otherwise considered ambiguous. On plans, as-built drawings, working drawings, and standard plans, calculated or stated dimensions shall take precedence...
Interpretation of Coma Documents
