Common use of No Estoppel Clause in Contracts

No Estoppel. Maintenance 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. 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 Maintenance 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 Maintenance Contractor and its Guarantor(s) or Surety(ies) such damages as TxDOT may sustain by reason of Maintenance Contractor’s failure to comply with the terms of the CMA Documents.

No Estoppel. Maintenance DB Contractor shall not be relieved of its obligations to perform the Maintenance Services Work in accordance with the CMA 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 at any timeeither before or after Final Acceptance of Section 1A, Section 1B or Segment 2, 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 Maintenance Services Work performed and materials furnished by Maintenance DB Contractor, or from showing that the Maintenance Services Work or materials do not conform in fact to the requirements of the CMA 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 Maintenance DB Contractor and its Guarantor(s) or Surety(ies) such damages as TxDOT may sustain by reason of Maintenance DB Contractor’s failure to comply or to have complied with the terms of the CMA Contract Documents.

No Estoppel. Maintenance 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. 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 Maintenance 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 Maintenance Contractor and its Guarantor(s) or Surety(ies) such damages as TxDOT may sustain by reason of Maintenance Contractor’s failure to comply with the terms of the CMA COMA Documents.

No Estoppel. Maintenance 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. 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 Maintenance 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 Maintenance Contractor and its Guarantor(s) or Surety(ies) such damages as TxDOT may sustain by reason of Maintenance Contractor’s failure to comply or to have complied with the terms of the CMA Documents.