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:
(i) Is solely for the benefit and protection of TxDOT;
(ii) Does not relieve Developer of its responsibility for the selection and the competent performance of all Developer-Related Entities;
(iii) Does not create or impose upon TxDOT any duty or obligation toward Developer to cause it to fulfill the requirements of the Contract Documents;
(iv) Shall not be deemed or construed as any kind of warranty, express or implied, by TxDOT;
(v) May not be relied upon by Developer or used as evidence in determining whether Developer has fulfilled the requirements of the Contract Documents; and
(vi) May not be asserted by Developer against TxDOT as a defense, legal or equitable, to, or as a waiver of or relief from, Developer’s obligation to fulfill the requirements of the Contract Documents.
(b) Unless expressly permitted under Section 6.8.2, Developer shall not be relieved or entitled to reduction of its obligations to perform the Work in accordance with the Contract Documents, or any of its other liabilities and obligations, including its indemnity obligations, as the resu...
Limitations on Developer’s Right to Rely. 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 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:
(a) relieve Developer from the performance of its obligations under the Project Documents;
(b) constitute acceptance by the Authority that the Work satisfies the requirements of the Project Documents; or
(c) prevent the Authority from subsequently raising an objection or comment on a Submittal in accordance with this Article 4 (Review of Submittals) if the same objection and/or comment was not made by the Authority on a previous Submittal.
Limitations on Developer’s Right to Rely. 35 3.1.8.1 No review, comment, objection, rejection, approval, 36 disapproval, acceptance, concurrence, certification (including certificates of Substantial 37 Completion and Final Acceptance), or Oversight by or on behalf of ADOT, including 38 review and approval of the Project Management Plan, or lack of any such action by ADOT, 39 shall constitute acceptance by ADOT of materials or Work, or waiver of any legal or 40 equitable right under the Contract Documents, at Law, or in equity. ADOT will be entitled 41 to complete and accurate Submittals, to remedies for unapproved Deviations, 42 Nonconforming Work, and Developer Defaults, and to identify and require additional Work 43 to bring the Work and Project into compliance with requirements of the Contract 1 Documents, regardless of whether previous review, comment, objection, rejection, 2 approval, disapproval, acceptance, concurrence, certification or Oversight, or lack of any 3 of the foregoing, were conducted or provided by ADOT. Without regard to any such 4 activity or failure to conduct any such activity by ADOT, Developer at all times shall have 5 an independent duty and obligation to fulfill the requirements of the Contract Documents.
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
Limitations on Developer’s Right to Rely. 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, shall 42 constitute acceptance by ADOT of materials or Work or waiver of any legal or equitable 1 right under the Contract Documents, at Law, or in equity. ADOT will be entitled to 2 complete and accurate Submittals, to remedies for unapproved Deviations, 3 Nonconforming Work and Developer Defaults, and to identify and require additional Work 4 which must be done to bring the Work and Project into compliance with requirements of 5 the Contract Documents, regardless of whether previous review, comment, objection, 6 rejection, approval, disapproval, acceptance, concurrence, certification or Oversight were 7 conducted or given by ADOT. Regardless of any such activity or failure to conduct any 8 such activity by ADOT, Developer at all times shall have an independent duty and 9 obligation to fulfill the requirements of the Contract Documents. Developer agrees and 10 acknowledges that any such activity or failure to conduct any such activity by ADOT:
Limitations on Developer’s Right to Rely. 6.3.11.1 Nothing in PA Section 6.3 (
Limitations on Developer’s Right to Rely. 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).
