Common use of No Estoppel Clause in Contracts

No Estoppel. Developer shall not be relieved of obligations to perform the Work in accordance with the Contract Documents, or any of its Warranty or indemnity obligations, as the result of oversight, spot checks, audits, reviews, tests or inspections performed by any Persons, approvals or acceptances made by any Persons, or any failure of any Person to take such action. TxDOT shall not be precluded or estopped, by any measurement, estimate or certificate made either before or after (i) with respect to the D&C Work, Project Final Acceptance or (ii) with respect to the O&M Work, the expiration of the O&M Period, as applicable, or by making any payment, from showing that any such measurement, estimate or certificate is incorrectly made or untrue, or from showing the true amount and character of the Work performed and materials furnished by Developer, or from showing that the Work or materials do not conform in fact to the requirements of the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from Developer and its Guarantor or Surety such damages as TxDOT may sustain by reason of Developer’s failure to comply or to have complied with the terms of the Contract Documents.

No Estoppel. Developer shall not be relieved of obligations to perform the Work in accordance with the Contract Documents, or any of its Warranty or indemnity obligations, as the result of oversight, spot checks, audits, reviews, tests or inspections performed by any Persons, approvals or acceptances made by any Persons, or any failure of any Person to take such action. TxDOT shall not be precluded or estopped, by any measurement, estimate or certificate made either before or after (i) with respect to the D&C Work, Project Final Acceptance or (ii) with respect to the O&M Work, the expiration of the O&M Period, as applicable, or by making any payment, from showing that any such measurement, estimate or certificate is incorrectly made or untrue, or from showing the true amount and character of the Work performed and materials furnished by Developer, or from showing that the Work or materials do not conform in fact to the requirements of the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from Developer and its Guarantor or Surety such damages as TxDOT may sustain by reason of Developer’s failure to comply or to have complied with the terms of the Contract Documents.