Common use of No Estoppel Clause in Contracts

No Estoppel. 5.8.2.1 DB Contractor at all times shall have an independent duty and obligation to fulfill the requirements of the CMA Documents. DB Contractor shall not be relieved of its obligations to perform the Maintenance Services in accordance with the CMA 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. DB Contractor agrees and acknowledges that any such activity or failure to conduct any such activity by TxDOT: (a) Is solely for the benefit and protection of TxDOT; (b) Does not relieve DB Contractor of its responsibility for the selection and the competent performance of all DB Contractor-Related Entities; (c) Does not create or impose upon TxDOT any duty or obligation toward DB Contractor to cause it to fulfill the requirements of the CMA Documents; (d) Shall not be deemed or construed as any kind of warranty, express or implied, by TxDOT; (e) May not be relied upon by DB Contractor or used as evidence in determining whether DB Contractor has fulfilled the requirements of the CMA Documents; and (f) May not be asserted by DB Contractor against TxDOT as a defense, legal or equitable, to, or as a waiver of or relief from, DB Contractor’s obligation to fulfill the requirements of the CMA Documents. 5.8.2.2 TxDOT shall not be precluded or estopped, by any measurement, estimate or certificate made at any time, 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 Maintenance Services performed and materials furnished by DB Contractor, or from showing that the Maintenance Services do not conform in fact to the requirements of the CMA Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from DB Contractor and any of its Guarantors or Sureties such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply with the terms of the CMA Documents.

No Estoppel. 5.8.2.1 DB Contractor at all times shall have an independent duty and obligation to fulfill the requirements of the CMA Documents5.8.2.1. DB Contractor shall not be relieved of its obligations to perform the Maintenance Services in accordance with the CMA 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. DB Contractor at all times shall have an independent duty and obligation to fulfill the requirements of the CMA Documents. DB Contractor agrees and acknowledges that any such activity or failure to conduct any such activity by TxDOT: (a) Is solely for the benefit and protection of TxDOT; (b) Does not relieve DB Contractor of its responsibility for the selection and the competent performance of all DB Contractor-Related Entities; (c) Does not create or impose upon TxDOT any duty or obligation toward DB Contractor to cause it to fulfill the requirements of the CMA Documents; (d) Shall not be deemed or construed as any kind of warranty, express or implied, by TxDOT; (e) May not be relied upon by DB Contractor or used as evidence in determining whether DB Contractor has fulfilled the requirements of the CMA Documents; and (f) May not be asserted by DB Contractor against TxDOT as a defense, legal or equitable, to, or as a waiver of or relief from, DB Contractor’s obligation to fulfill the requirements of the CMA Documents. 5.8.2.2 5.8.2.2. TxDOT shall not be precluded or estopped, by any measurement, estimate or certificate made at any time, 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 Maintenance Services performed and materials furnished by DB Contractor, or from showing that the Maintenance Services do not conform in fact to the requirements of the CMA Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from DB Contractor and any of its Guarantors Guarantor(s) or Sureties Surety(ies) such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply with the terms of the CMA Documents.

No Estoppel. 5.8.2.1 DB Contractor at all times shall have an independent duty and obligation to fulfill the requirements of the CMA Documents. DB Contractor shall not be relieved of its obligations to perform the Maintenance Services in accordance with the CMA 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. DB Contractor agrees and acknowledges that any such activity or failure to conduct any such activity by TxDOT: (a) Is solely for the benefit and protection of TxDOT; (b) Does not relieve DB Contractor of its responsibility for the selection and the competent performance of all DB Contractor-Related Entities; (c) Does not create or impose upon TxDOT any duty or obligation toward DB Contractor to cause it to fulfill the requirements of the CMA Documents; (d) Shall not be deemed or construed as any kind of warranty, express or implied, by TxDOT; (e) May not be relied upon by DB Contractor or used as evidence in determining whether DB Contractor has fulfilled the requirements of the CMA Documents; and (f) May not be asserted by DB Contractor against TxDOT as a defense, legal or equitable, to, or as a waiver of or relief from, DB Contractor’s obligation to fulfill the requirements of the CMA Documents. 5.8.2.2 TxDOT shall not be precluded or estopped, by any measurement, estimate or certificate made at any time, 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 Maintenance Services performed and materials furnished by DB Contractor, or from showing that the Maintenance Services do not conform in fact to the requirements of the CMA Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from DB Contractor and any of its Guarantors or Sureties such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply with the terms of the CMA Documents.Maintenance

No Estoppel. 5.8.2.1 DB Contractor at all times shall have an independent duty and obligation to fulfill the requirements of the CMA Documents5.8.2.1. DB Contractor shall not be relieved of its obligations to perform the Maintenance Services in accordance with the CMA COMA 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. DB Contractor at all times shall have an independent duty and obligation to fulfill the requirements of the COMA Documents. DB Contractor agrees and acknowledges that any such activity or failure to conduct any such activity by TxDOT: (a) Is solely for the benefit and protection of TxDOT; (b) Does not relieve DB Contractor of its responsibility for the selection and the competent performance of all DB Contractor-Related Entities; (c) Does not create or impose upon TxDOT any duty or obligation toward DB Contractor to cause it to fulfill the requirements of the CMA COMA Documents; (d) Shall not be deemed or construed as any kind of warranty, express or implied, by TxDOT; (e) May not be relied upon by DB Contractor or used as evidence in determining whether DB Contractor has fulfilled the requirements of the CMA COMA Documents; and (f) May not be asserted by DB Contractor against TxDOT as a defense, legal or equitable, to, or as a waiver of or relief from, DB Contractor’s obligation to fulfill the requirements of the CMA COMA Documents. 5.8.2.2 5.8.2.2. TxDOT shall not be precluded or estopped, by any measurement, estimate or certificate made at any time, 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 Maintenance Services performed and materials furnished by DB Contractor, or from showing that the Maintenance Services do not conform in fact to the requirements of the CMA COMA Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from DB Contractor and any of its Guarantors or Sureties such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply with the terms of the CMA Documents.Guarantor(s) or

No Estoppel. 5.8.2.1 DB Contractor at all times shall have an independent duty and obligation to fulfill the requirements of the CMA Documents. DB Contractor shall not be relieved of its obligations to perform the Maintenance Services in accordance with the CMA 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. DB Contractor agrees and acknowledges that any such activity or failure to conduct any such activity by TxDOT: (a) Is solely for the benefit and protection of TxDOT; (b) Does not relieve DB Contractor of its responsibility for the selection and the competent performance of all DB Contractor-Related Entities; (c) Does not create or impose upon TxDOT any duty or obligation toward DB Contractor to cause it to fulfill the requirements of the CMA Documents; (d) Shall not be deemed or construed as any kind of warranty, express or implied, by TxDOT;or (e) May not be relied upon by DB Contractor or used as evidence in determining whether DB Contractor has fulfilled the requirements of the CMA Documents; anddetermining (f) May not be asserted by DB Contractor against TxDOT as a defense, legal or equitable, to, or as a waiver of or relief from, DB Contractor’s obligation to fulfill the requirements of the CMA Documents. 5.8.2.2 TxDOT shall not be precluded or estopped, by any measurement, estimate or certificate made at any time, 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 Maintenance Services performed and materials furnished by DB Contractor, or from showing that the Maintenance Services do not conform in fact to the requirements of the CMA Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from DB Contractor and any of its Guarantors or Sureties such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply with the terms of the CMA Documents.Maintenance

No Estoppel. 5.8.2.1 DB Contractor at all times shall have an independent duty and obligation to fulfill the requirements of the CMA Documents5.8.2.1. DB Contractor shall not be relieved of its obligations to perform the Maintenance Services in accordance with the CMA COMA 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. DB Contractor at all times shall have an independent duty and obligation to fulfill the requirements of the COMA Documents. DB Contractor agrees and acknowledges that any such activity or failure to conduct any such activity by TxDOT: (a) Is solely for the benefit and protection of TxDOT; (b) Does not relieve DB Contractor of its responsibility for the selection and the competent performance of all DB Contractor-Related Entities; (c) Does not create or impose upon TxDOT any duty or obligation toward DB Contractor to cause it to fulfill the requirements of the CMA COMA Documents; (d) Shall not be deemed or construed as any kind of warranty, express or implied, by TxDOT; (e) May not be relied upon by DB Contractor or used as evidence in determining whether DB Contractor has fulfilled the requirements of the CMA COMA Documents; and (f) May not be asserted by DB Contractor against TxDOT as a defense, legal or equitable, to, or as a waiver of or relief from, DB Contractor’s obligation to fulfill the requirements of the CMA COMA Documents. 5.8.2.2 5.8.2.2. TxDOT shall not be precluded or estopped, by any measurement, estimate or certificate made at any time, 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 Maintenance Services performed and materials furnished by DB Contractor, or from showing that the Maintenance Services do not conform in fact to the requirements of the CMA COMA Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from DB Contractor and any of its Guarantors or Sureties such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply with the terms of the CMA Documents.shall

No Estoppel. 5.8.2.1 DB Contractor at all times shall have an independent duty and obligation to fulfill the requirements of the CMA Documents. DB Contractor shall not be relieved of its obligations to perform the Maintenance Services in accordance with the CMA 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. DB Contractor agrees and acknowledges that any such activity or failure to conduct any such activity by TxDOT: (a) Is solely for the benefit and protection of TxDOT; (b) Does not relieve DB Contractor of its responsibility for the selection and the competent performance of all DB Contractor-Related Entities; (c) Does not create or impose upon TxDOT any duty or obligation toward DB Contractor to cause it to fulfill the requirements of the CMA Documents; (d) Shall not be deemed or construed as any kind of warranty, express or implied, by TxDOT; (e) May not be relied upon by DB Contractor or used as evidence in determining whether DB Contractor has fulfilled the requirements of the CMA Documents; and (f) May not be asserted by DB Contractor against TxDOT as a defense, legal or equitable, to, or as a waiver of or relief from, DB Contractor’s obligation to fulfill the requirements of the CMA Documents. 5.8.2.2 TxDOT shall not be precluded or estopped, by any measurement, estimate or certificate made at any time, 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 Maintenance Services performed and materials furnished by DB Contractor, or from showing that the Maintenance Texas Department of Transportation - 26 - Execution Version I-635 LBJ East Project Capital Maintenance Agreement Services do not conform in fact to the requirements of the CMA Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from DB Contractor and any of its Guarantors or Sureties such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply with the terms of the CMA Documents.