Limitations on Developer’s Right to Rely. (a) No review, comment on, objection, rejection, approval, disapproval, acceptance, certification (including certificates of Substantial Completion and Final Acceptance), concurrence monitoring, testing, inspection, spot checking, auditing or other oversight by or on behalf of TxDOT, and no lack thereof by TxDOT, shall constitute acceptance of materials or Work that fails to comply with the Contract Documents or waiver of any legal or equitable right under the Contract Documents, at law, or in equity, except to the extent Nonconforming Work is expressly accepted by TxDOT in its discretion and in accordance with Section 6.8.2. TxDOT shall be entitled to remedies for unapproved Deviations and Nonconforming Work and to identify additional Work which must be done to bring the Work and Project into compliance with requirements of the Contract Documents, regardless of whether previous review, comment on, objection, rejection, approval, disapproval, acceptance, certification, concurrence, monitoring, testing, inspection, spot checking, auditing or other oversight were conducted or given by TxDOT. Regardless of any such activity or failure to conduct any such activity by TxDOT, Developer at all times shall have an independent duty and obligation to fulfill the requirements of the Contract Documents. Xxxxxxxxx agrees and acknowledges that any such activity or failure to conduct any such activity by TxDOT:
Limitations on Developer’s Right to Rely. 6.3.8.1 No review, comment, objection, rejection, approval, disapproval, acceptance, certification (including certificates of Substantial Completion, Service Commencement and Final Acceptance), concurrence, monitoring, testing, inspection, spot checking, auditing or other oversight by or on behalf of TxDOT or the Independent Engineer, and no lack thereof by TxDOT or the Independent Engineer, shall constitute acceptance of materials or Work or waiver of any legal or equitable right under the CDA Documents, at law, or in equity. TxDOT shall be entitled to remedies for unapproved Deviations and Nonconforming Work and to identify additional Work which must be done to bring the Work and Project into compliance with requirements of the CDA Documents, regardless of whether previous review, comment, objection, rejection, approval, disapproval, acceptance, certification, concurrence, monitoring, testing, inspection, spot checking, auditing or other oversight were conducted or given by TxDOT or the Independent Engineer. Regardless of any such activity or failure to conduct any such activity by TxDOT or the Independent Engineer, Developer at all times shall have an independent duty and obligation to fulfill the requirements of the CDA Documents. Xxxxxxxxx agrees and acknowledges that any such activity or failure to conduct any such activity by TxDOT or the Independent Engineer:
Limitations on Developer’s Right to Rely. 38 3.1.8.1 No review, comment, objection, rejection, approval, 39 disapproval, acceptance, concurrence, certification (including certificates of Substantial 40 Completion and Final Acceptance), or Oversight by or on behalf of ADOT, including 41 review and approval of the Project Management Plan, and no lack thereof by ADOT, 42 shall constitute acceptance by ADOT of materials or Work or waiver of any legal or 1 equitable right under the Contract Documents, at Law, or in equity. ADOT will be 2 entitled to complete and accurate Submittals, to remedies for unapproved Deviations, 3 Nonconforming Work and Developer Defaults, and to identify and require additional 4 Work which must be done to bring the Work and Project into compliance with 5 requirements of the Contract Documents, regardless of whether previous review, 6 comment, objection, rejection, approval, disapproval, acceptance, concurrence, 7 certification or Oversight were conducted or given by ADOT. Regardless of any such 8 activity or failure to conduct any such activity by ADOT, Developer at all times shall 9 have an independent duty and obligation to fulfill the requirements of the Contract 10 Documents. Developer agrees and acknowledges that any such activity or failure to 11 conduct any such activity by ADOT:
Limitations on Developer’s Right to Rely. 4.1.4.1 Nothing in this Article 4 (Review of Submittals) (including any act or omission of the Authority pursuant to this Article 4 (Review of Submittals)) shall:
Limitations on Developer’s Right to Rely. 3.1.8.1 No review, comment, objection, rejection, approval, disapproval, acceptance, concurrence, certification (including certificates of Substantial Completion, Substantial Completion and Final Acceptance), or Oversight by or on behalf of IFA, including review and approval of the Project Management Plan, and no lack thereof by IFA, shall constitute acceptance by IFA of materials or Work or waiver of any legal or equitable right under the PPA Documents, at Law, or in equity. IFA shall be entitled to remedies for unapproved Deviations, Nonconforming Work and Developer Defaults and to identify additional Work which must be done to bring the Work and East End Crossing into compliance with requirements of the PPA Documents, regardless of whether previous review, comment, objection, rejection, approval, disapproval, acceptance, concurrence, certification, or Oversight was conducted or given by IFA. Regardless of any such activity or failure to conduct any such activity by IFA, Developer at all times shall have an independent duty and obligation to fulfill the requirements of the PPA Documents. Developer agrees and acknowledges that any such activity or failure to conduct any such activity by IFA:
Limitations on Developer’s Right to Rely. 3.3.6.1 No review, comment, objection, rejection, approval, acceptance, concurrence, certification (including notices of Substantial Completion and Final Acceptance), monitoring, testing, inspection, auditing or other oversight by or on behalf of the Department, and no lack thereof by the Department, shall constitute acceptance by the Department of Work that does not comply with the Contract Documents or waiver of any legal or equitable right held by the Department with respect to such Work under the Contract Documents or Law. The Department shall be entitled to exercise all rights and remedies under the Contract Documents or Law to bring the Work and the Project into compliance with requirements of the Contract Documents, regardless of whether previous review, comment, objection, rejection, approval, acceptance, certification, monitoring, testing, inspection, auditing or other oversight were conducted or given by the Department. Developer at all times shall have an independent duty and obligation to fulfill the requirements of the Contract Documents. Developer agrees and acknowledges that any such activity or failure to conduct any such activity by the Department:
Limitations on Developer’s Right to Rely. 4.4.7.1 Except for the Owner’s acceptance of a Developer Change Proposal pursuant to Section 12.2, no review, comment, objection, rejection, approval, disapproval, acceptance, concurrence, certification (including any Certificate of Functional Area Readiness, Certificate of Project Substantial Completion, or Certificate of Project Final Acceptance), or Oversight by or on behalf of the Owner, and no lack thereof by the Owner, shall constitute acceptance by the Owner of Work that does not comply with the Contract Documents or waiver of any legal or equitable right held by the Owner with respect to such Work under the Contract Documents or Law, provided that Developer may rely on: (a) a Certificate of Functional Area Readiness for the commencement of the O&M Services and Concessions operations, if any, for the relevant Functional Area; and (b) a Certificate of Project Substantial Completion for the commencement of the applicable O&M Services and Concessions operations and the commencement of Supplemental Payments. The Owner shall be entitled to exercise all rights and remedies under the Contract Documents or Law to bring the Work and the Project into compliance with requirements of the Contract Documents, regardless of whether previous review, comment, objection, rejection, approval, disapproval, acceptance, concurrence, certification, or Oversight were conducted or given by the Owner. Developer at all times shall have an independent duty and obligation to fulfill the requirements of the Contract Documents. Developer agrees and acknowledges that any such activity or failure to conduct any such activity by the Owner:
Limitations on Developer’s Right to Rely. 6.3.11.1 Nothing in PA Section 6.3 (
Limitations on Developer’s Right to Rely. 7.2.5 References in the Technical Provisions to manuals or other publications governing the Design Work or Construction Work prior to the Substantial Completion Date shall mean the most recent editions in effect as of the Setting Date, unless expressly provided otherwise. Any changes to the Technical Provisions respecting Design Work or Construction Work prior to the Substantial Completion Date shall be subject to the Supplemental Agreement process for an Authority Change in accordance with PA Article 14 (Authority Changes; Developer Changes; Directive Letters).
Limitations on Developer’s Right to Rely. 3.3.7.1 No review, comment, objection, rejection, approval, disapproval, acceptance, concurrence, certification (including notices of Substantial Completion and Final Acceptance), monitoring, testing, inspection, spot checking, auditing or other oversight by or on behalf of the Department, and no lack thereof by the Department, shall constitute acceptance by the Department of Work that does not comply with the Contract Documents or waiver of any legal or equitable right held by the Department with respect to such Work under the Contract Documents or Law. The Department shall be entitled to exercise all rights and remedies under the Contract Documents or Law to bring the Work and the Project into compliance with requirements of the Contract Documents, regardless of whether previous review, comment, objection, rejection, approval, disapproval, acceptance, concurrence, certification, monitoring, testing, inspection, spot checking, auditing or other oversight were conducted or given by the Department. Developer at all times shall have an independent duty and obligation to fulfill the requirements of the Contract Documents. Xxxxxxxxx agrees and acknowledges that any such activity or failure to conduct any such activity by the Department:
