Oversight and Acceptance. The oversight, spot checks, inspections, verifications, audits, tests, reviews, acceptances and approvals conducted by TxDOT and other Persons do not constitute acceptance of Nonconforming Work (except in limited circumstances as expressly provided in Section 5.6.2) or waiver of any warranty or legal or equitable right with respect thereto. TxDOT may request remedies for Nonconforming Work and/or identify additional Work which must be done to bring the Work into compliance with the requirements of the Contract Documents at any time prior to Final Acceptance, whether or not previous oversight, spot checks, inspections, verifications, audits, tests, reviews, acceptances or approvals were conducted or waived by TxDOT or any such Persons.
Oversight and Acceptance. The oversight, spot checks, monitoring, inspections, verifications, audits, tests, reviews, acceptances and approvals conducted by TxDOT and other Persons do not constitute acceptance of Nonconforming Work (except in limited circumstances as expressly provided in Section 5.9.2) or waiver of any warranty or legal or equitable right with respect thereto. TxDOT may request and is entitled to remedies for Nonconforming Work and/or may identify additional Maintenance Services, which must be done to bring the Maintenance Services into compliance with the requirements of the COMA Documents at any time, regardless of whether TxDOT or any such Persons conducted or waived previous oversight, spot checks, monitoring, inspections, verifications, audits, tests, reviews, acceptances or approvals.
Oversight and Acceptance. The oversight, spot checks, inspections, verifications, audits, tests, reviews, acceptances and approvals conducted by TxDOT and other Persons do not constitute acceptance of Nonconforming Work (except in limited circumstances as expressly provided in Section 6.8.2) or waiver of any warranty or legal or equitable right with respect thereto. TxDOT may request remedies for Nonconforming Work or identify additional Work which must be done to bring the Work into compliance with the requirements of the Contract Documents at any time (i) with respect to the D&C Work, prior to Final Acceptance and (ii) with respect to the O&M Work, prior to the expiration of the O&M Period, in each case, whether or not previous oversight, spot checks, inspections, verifications, audits, tests, reviews, acceptances or approvals were conducted or waived by TxDOT or any such Persons.
Oversight and Acceptance. The oversight, spot checks, inspections, verifications, audits, tests, reviews, acceptances and approvals conducted by TxDOT and other Persons do not constitute acceptance of Nonconforming Work or waiver of any warranty or legal or equitable right of TxDOT, except in limited circumstances as expressly provided in Section 5.6.2 or waiver of any warranty or legal or equitable right with respect thereto. TxDOT may request remedies for Nonconforming Work or identify additional Work which must be done to bring the Work into compliance with the requirements of the DBA Documents at any time, whether or not previous oversight, spot checks, inspections, verifications, audits, tests, reviews, acceptances or approvals were conducted or waived by TxDOT or any such Persons.
Oversight and Acceptance. (a) All materials and each part or detail of the Work shall be subject to inspection by the Authority and ALDOT. The Authority shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Design-Builder as is required to make a complete and detailed inspection. (b) The Design-Builder shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents, or any of its other obligations under the Contract Documents, by oversight, spot checks, audits, reviews, tests, inspections, acceptances, or approvals by the Engineer, the Authority, ALDOT, or any other persons, or by any failure of any person to take such action.
Oversight and Acceptance. The oversight, spot checks, audits, tests, acceptances, and approvals conducted by IFA and others do not constitute acceptance of the materials or Work inspected or waiver of any warranty or legal or equitable right with respect thereto. IFA may request remedies for Nonconforming Work and/or identify additional Work which must be done to bring the Project into compliance with the requirements of the PPA Documents, whether or not previous oversight, spot checks, inspections, verifications, audits, reviews, tests, acceptances or approvals were conducted or waived by IFA or any such Persons.
Oversight and Acceptance. The oversight, spot checks, inspections, verifications, audits, tests, reviews, acceptances and approvals conducted by TxDOT and other Persons do not constitute acceptance of Nonconforming Work (except in limited circumstances as expressly provided in Section 5.6.2) or waiver of any warranty or legal or equitable right with respect thereto. TxDOT may request remedies for Nonconforming Work and/or identify additional Work that must be done to bring the Work into compliance with the requirements of the Contract Documents at any time prior to Final Acceptance of each of Section 1A, Section 1B and Segment 2, as applicable, whether or not previous oversight, spot checks, inspections, verifications, audits, tests, reviews, acceptances or approvals were conducted or waived by TxDOT or any such Persons.
Oversight and Acceptance. The oversight, spot checks, monitoring, inspections, verifications, audits, tests, reviews, acceptances and approvals conducted by TxDOT and other Persons do not constitute acceptance of Nonconforming Work (except in limited circumstances as expressly provided in Section 5.9.2) or waiver of any warranty or legal or equitable right with respect thereto. TxDOT may request and is entitled to remedies for Nonconforming Work and/or may identify additional Maintenance Services, which must be done to bring the Maintenance Services into compliance with the requirements of the CMA Documents at any time, regardless of whether TxDOT or any such Persons conducted or waived previous oversight, spot checks, monitoring, inspections, verifications, audits, tests, reviews, acceptances or approvals.
Oversight and Acceptance. The DB Contractor shall not be relieved of its obligation to perform the Work in strict accordance with the Contract Documents, or any of its other obligations under the Contract Documents, by oversight, spot checks, assessments, reviews, tests, inspections, acceptances, Approvals, approvals by any Persons, or by any failure of any Person to take such action. The oversight, spot checks, assessments, reviews, tests, inspections, acceptances, Approvals, or approvals by any Person do not constitute Final Acceptance of the particular material or Work or waiver of any legal or equitable right with respect thereto. The District may reject or require the DB Contractor to remedy any Nonconforming Work and/or identify additional Work that must be done to bring the Project into compliance with Contract requirements at any time before Final Acceptance, whether or not previous oversight, spot checks, assessments, reviews, tests, inspections, acceptances, Approvals, or approvals by any Persons were conducted. The District shall not be precluded or estopped, by any measurement, estimate, or certificate made either before or after Final Acceptance and payment therefore, from showing that any such measurement, estimate, or certificate is incorrectly made or untrue, or from showing that the true amount and character of the Work performed and materials furnished by the DB Contractor do not conform in fact to the requirements of the Contract Documents. Notwithstanding any such measurement, estimate, certificate, or payment made in accordance therewith, the District shall not be precluded or estopped from recovering from the DB Contractor and its Surety(ies) such damages as the District may sustain by reason of the DB Contractor’s failure to comply or to have complied with the terms of the Contract Documents.
Oversight and Acceptance. The DB Contractor shall not be relieved of its obligation to perform the Work in strict accordance with the Contract Documents, or any of its other obligations under the Contract Documents, by oversight, spot checks, assessments, reviews, tests, inspections, acceptances, Approvals, approvals by any Persons, or by any failure of any Person to take such action. The oversight, spot checks, assessments, reviews, tests, inspections, acceptances, Approvals, or approvals by any Person do not constitute Final Acceptance of the particular material or Work or waiver of any legal or equitable right with respect thereto. The District may reject or require the DB Contractor to remedy any Nonconforming Work and/or identify additional Work that must be done to bring the Project into compliance with Contract requirements at any time before Final Acceptance, whether or not previous oversight, spot checks, assessments, reviews, tests, inspections, acceptances, or approvals by any Persons were conducted.
