Interpretation of DBA Documents. In the DBA 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 DBA; the word “discretion” with respect to any Person means the sole and absolute discretion of such Person except as otherwise stated herein; the word “promptly” means as soon as reasonably practicable in light of then-prevailing circumstances; 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 which 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 DBA Documents defining the Project or the Work shall not be deemed all-inclusive. DB Contractor acknowledges and agrees that it had the opportunity and obligation, prior to the Effective Date, to review the terms and conditions of the DBA Documents (including those Reference Information Documents that are referenced in the DBA Documents, and pursuant to Section 1.2.3 above, are considered DBA Documents) and to bring to the attention of TxDOT any conflicts or ambiguities contained therein. DB Contractor further acknowledges and agrees that it has independently reviewed the DBA 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 DBA Documents. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of the DBA 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 DBA shall in no event be deemed part of the DBA Documents and shall not be relevant in interpreting the DBA Documents except to the extent they may clarify provisions otherwise considered ambiguous. On plans, working drawings, and standard plans, calculated dimensions shall take precedence over scaled dimensions.
Appears in 4 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
