DB Contractor Representations and Warranties Clause Samples

DB Contractor Representations and Warranties. DB Contractor and each Joint Venturer, as applicable, represents, warrants and covenants to TxDOT as follows: 11.4.1 DB Contractor, each Joint Venturer, and all Subcontractors have maintained, and throughout the Maintenance Period shall maintain, all required authority, license status, professional ability, skills and capacity to perform DB Contractor’s obligations hereunder and shall perform them in accordance with the requirements contained in the CMA Documents. Texas Department of Transportation - 79 - Execution Version I-635 LBJ East Project Capital Maintenance Agreement 11.4.2 DB Contractor has evaluated the feasibility of performing the Maintenance Services within the deadlines specified herein and for the Maintenance Price and has reasonable grounds for believing and does believe that such performance is feasible and practicable. 11.4.3 DB Contractor has, prior to executing this CMA, 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 DB Contractor deems necessary or advisable for performing its obligations under the CMA Documents, and, as a result of such review, inspection, examination and other activities, DB Contractor is familiar with and accepts the physical requirements of the Maintenance Services. DB 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, DB 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. DB 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 DB Contractor acknowledges and agrees that it has familiarized itself with the require...