Maintenance Contractor Representations and Warranties. Maintenance Contractor represents, warrants and covenants to TxDOT as follows:
Maintenance Contractor Representations and Warranties. Maintenance Contractor represents, warrants and covenants to TxDOT as follows:
11.4.1 Maintenance Contractor and its Subcontractors have maintained, and throughout the term of this Comprehensive Maintenance Agreement shall maintain, all required authority, license status, professional ability, skills and capacity to perform Maintenance Contractor’s obligations hereunder and shall perform them in accordance with the requirements contained in the COMA Documents.
11.4.2 Maintenance Contractor has evaluated the feasibility of performing the Maintenance Services within the deadlines specified herein and for the Maintenance Price and
11.4.3 Maintenance Contractor has, prior to executing this Comprehensive Maintenance Agreement, in accordance with Good Industry Practice, reviewed and taken appropriate steps to verify the information included in the Reference Information Documents, inspected and, to the extent access was made available by TxDOT or was otherwise available to it, examined the Site and surrounding locations, performed appropriate field studies, and undertaken other activities sufficient to familiarize itself with existing Utilities, surface conditions and subsurface conditions affecting the Project to the extent Maintenance Contractor deems necessary or advisable for performing its obligations under the COMA Documents, and as a result of such review, inspection, examination and other activities Maintenance Contractor is familiar with and accepts the physical requirements of the Maintenance Services. Maintenance Contractor acknowledges and agrees that it has been afforded the opportunity to review information and documents and, to the extent access was made available by TxDOT or was otherwise available to it, to conduct inspections and tests of the Site and surrounding locations as described above. Before commencing any work on a particular portion or aspect of the Project, Maintenance Contractor shall verify all governing dimensions of the Site and shall examine all adjoining work (including Adjacent Work) that may have an impact on such work. Maintenance Contractor shall ensure that any design documents and construction documents furnished as part of the Maintenance Services accurately depict all governing and adjoining dimensions.
11.4.4 Maintenance Contractor acknowledges and agrees that it has familiarized itself with the requirements of any and all applicable Laws and the conditions of any required Governmental Approvals prior to entering into t...
