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

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. 38 35 3.1.8.1 No review, comment, objection, rejection, approval, 39 36 disapproval, acceptance, concurrence, certification (including certificates of Substantial 40 37 Completion and Final Acceptance), or Oversight by or on behalf of ADOT, including 41 38 review and approval of the Project Management Plan, and no or lack thereof of any such action by ADOT, 42 39 shall constitute acceptance by ADOT of materials or Work Work, or waiver of any legal or 1 40 equitable right under the Contract Documents, at Law, or in equity. ADOT will be 2 entitled 41 to complete and accurate Submittals, to remedies for unapproved Deviations, 3 42 Nonconforming Work Work, and Developer Defaults, and to identify and require additional 4 Work which must be done 43 to bring the Work and Project into compliance with 5 requirements of the Contract 1 Documents, regardless of whether previous review, 6 comment, objection, rejection, 2 approval, disapproval, acceptance, concurrence, 7 certification or Oversight Oversight, or lack of any 3 of the foregoing, were conducted or given provided by ADOT. Regardless of Without regard to any such 8 4 activity or failure to conduct any such activity by ADOT, Developer at all times shall 9 have 5 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. 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 Xxxxxxxxx agrees and acknowledges that any such activity or failure to 11 conduct any such activity by ADOT:

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, shall 42 shall constitute acceptance by ADOT of materials or Work or waiver of any legal or equitable 1 equitable right under the Contract Documents, at Law, or in equity. ADOT will be 2 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 Work which must be done to bring the Work and Project into compliance with 5 requirements of 5 the Contract Documents, regardless of whether previous review, 6 comment, objection, 6 rejection, approval, disapproval, acceptance, concurrence, 7 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, 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. 38 37 3.1.8.1 No review, comment, objection, rejection, approval, 39 38 disapproval, acceptance, concurrence, certification (including certificates of Substantial 40 39 Completion and Final Acceptance), or Oversight by or on behalf of ADOT, including 41 40 review and approval of the Project Management Plan, and no lack thereof by ADOT, 42 41 shall constitute acceptance by ADOT of materials or Work or waiver of any legal or 1 42 equitable right under the Contract Documents, at Law, or in equity. ADOT will be 2 1 entitled to complete and accurate Submittals, to remedies for unapproved Deviations, 3 2 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 5 comment, objection, rejection, approval, disapproval, acceptance, concurrence, 7 6 certification or Oversight were conducted or given by ADOT. Regardless of any such 8 7 activity or failure to conduct any such activity by ADOT, Developer at all times shall 9 8 have an independent duty and obligation to fulfill the requirements of the Contract 10 9 Documents. Developer Xxxxxxxxx agrees and acknowledges that any such activity or failure to 11 10 conduct any such activity by ADOT:: 11 (a) 12 (b) Is solely for the benefit and protection of ADOT; Does not relieve Developer of its responsibility for the 13 selection and the competent performance of all Developer-Related Entities;

Limitations on Developer’s Right to Rely. 38 37 3.1.8.1 No review, comment, objection, rejection, approval, 39 38 disapproval, acceptance, concurrence, certification (including certificates of Substantial 40 39 Completion and Final Acceptance), or Oversight by or on behalf of ADOT, including 41 40 review and approval of the Project Management Plan, and no lack thereof by ADOT, 42 41 shall constitute acceptance by ADOT of materials or Work or waiver of any legal or 1 42 equitable right under the Contract Documents, at Law, or in equity. ADOT will be 2 1 entitled to complete and accurate Submittals, to remedies for unapproved Deviations, 3 2 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 5 comment, objection, rejection, approval, disapproval, acceptance, concurrence, 7 6 certification or Oversight were conducted or given by ADOT. Regardless of any such 8 7 activity or failure to conduct any such activity by ADOT, Developer at all times shall 9 8 have an independent duty and obligation to fulfill the requirements of the Contract 10 9 Documents. Developer agrees and acknowledges that any such activity or failure to 11 10 conduct any such activity by ADOT:: 11 (a) 12 (b) Is solely for the benefit and protection of ADOT; Does not relieve Developer of its responsibility for the 13 selection and the competent performance of all Developer-Related Entities;

Limitations on Developer’s Right to Rely. 38 36 3.1.8.1 No review, comment, objection, rejection, approval, 39 37 disapproval, acceptance, concurrence, certification (including certificates of Freeway 38 Opening, Substantial 40 Completion and Final Acceptance), or Oversight by or on behalf of 39 ADOT, including 41 review and approval of the Project Management Plan and Maintenance 40 Management Plan, and no lack thereof by ADOT, 42 shall constitute acceptance by ADOT 41 of materials or Work or waiver of any legal or 1 equitable right under the Contract 42 Documents, at Law, or in equity. ADOT will be 2 entitled to complete and accurate 1 Submittals, to remedies for unapproved Deviations, 3 Nonconforming Work and Developer 2 Defaults, and to identify and require additional 4 Work which must be done to bring the 3 Work and Project into compliance with 5 requirements of the Contract Documents, 4 regardless of whether previous review, 6 comment, objection, rejection, approval, 5 disapproval, acceptance, concurrence, 7 certification or Oversight were conducted or given 6 by ADOT. Regardless of any such 8 activity or failure to conduct any such activity by ADOT, 7 Developer at all times shall 9 have an independent duty and obligation to fulfill the 8 requirements of the Contract 10 Documents. Developer Xxxxxxxxx agrees and acknowledges that any 9 such activity or failure to 11 conduct any such activity by ADOT: