Common use of Limitations on Developer’s Right to Rely Clause in Contracts

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. 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 Facility 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. 6.3.8.1 3.1.8.1 No review, commentcomment on, objection, rejection, approval, disapproval, acceptance, certification (including certificates of Substantial Completion, Completion Service Commencement and Final Acceptance), concurrence, concurrence monitoring, testing, inspection, spot checking, auditing or other oversight by or on behalf of TxDOT or the Independent EngineerTxDOT, and no lack thereof by TxDOT or the Independent EngineerTxDOT, shall constitute acceptance of materials or Work that fails to comply with the CDA Documents or waiver of any legal or equitable right under the CDA Contract 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, commentcomment on, 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 EngineerTxDOT. Regardless of any such activity or failure to conduct any such activity by TxDOT or the Independent EngineerTxDOT, 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 EngineerTxDOT:

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 Facility 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 Developer 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. 6.3.8.1 3.1.8.1 No review, commentcomment on, objection, rejection, approval, disapproval, acceptance, certification (including certificates of Substantial Completion, Completion Service Commencement and Final Acceptance), concurrence, concurrence monitoring, testing, inspection, spot checking, auditing or other oversight by or on behalf of TxDOT or the Independent EngineerTxDOT, and no lack thereof by TxDOT or the Independent EngineerTxDOT, shall constitute acceptance of materials or Work that fails to comply with the CDA Documents or waiver of any legal or equitable right under the CDA Contract 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, commentcomment on, 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 EngineerTxDOT. Regardless of any such activity or failure to conduct any such activity by TxDOT or the Independent EngineerTxDOT, Developer at all times shall have an independent duty and obligation to fulfill the requirements of the CDA Documents. Xxxxxxxxx Developer agrees and acknowledges that any such activity or failure to conduct any such activity by TxDOT or the Independent EngineerTxDOT:

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 Developer 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. 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 FA Documents, at lawLaw, 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 Facility (other than the design and construction of the TxDOT Works) into compliance with requirements of the CDA FA 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 FA 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. 6.3.8.1 3.1.8.1 No review, commentcomment on, objection, rejection, approval, disapproval, acceptance, certification (including certificates of Substantial Completion, Service Commencement Completion and Final Acceptance), concurrence, concurrence monitoring, testing, inspection, spot checking, auditing or other oversight by or on behalf of TxDOT or the Independent EngineerTxDOT, and no lack thereof by TxDOT or the Independent EngineerTxDOT, 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 CDA Contract 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 Contract Documents, regardless of whether previous review, commentcomment on, 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 EngineerTxDOT. Regardless of any such activity or failure to conduct any such activity by TxDOT or the Independent EngineerTxDOT, Developer at all times shall have an independent duty and obligation to fulfill the requirements of the CDA Contract Documents. Xxxxxxxxx agrees and acknowledges that any such activity or failure to conduct any such activity by TxDOT or the Independent EngineerTxDOT: