Common use of No Estoppel Clause in Contracts

No Estoppel. DB Contractor shall not be relieved of obligations to perform the Maintenance Services in accordance with the CMC 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, 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 or materials do not conform in fact to the requirements of the CMC 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 its Guarantors or Sureties such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply or to have complied with the terms of the CMC Documents.

No Estoppel. DB Contractor shall not be relieved of obligations to perform the Maintenance Services Work in accordance with the CMC 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 mademade either before or after Final Acceptance, 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 DB Contractor, or from showing that the Maintenance Services Work or materials do not conform in fact to the requirements of the CMC 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 DB Contractor and its Guarantors Guarantor(s) or Sureties Surety(ies) such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply or to have complied with the terms of the CMC Contract Documents.

No Estoppel. DB Contractor shall not be relieved of obligations to perform the Maintenance Services Work in accordance with the CMC DBA 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 estimate, or certificate mademade either before or after Final Acceptance, 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 DB Contractor, or from showing that the Maintenance Services Work or materials do not conform in fact to the requirements of the CMC DBA 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 its Guarantors Guarantor or Sureties Surety such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply or to have complied with the terms of the CMC DBA Documents.

No Estoppel. DB Contractor shall not be relieved of obligations to perform the Maintenance Services Work in accordance with the CMC DBA 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 estimate, or certificate mademade either before or after Final Acceptance, 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 DB Contractor, or from showing that the Maintenance Services Work or materials do not conform in fact to the requirements of the CMC DBA 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 its Guarantors Guarantor(s) or Sureties Surety(ies) such damages as TxDOT may sustain by reason of DB Contractor’s failure to comply or to have complied with the terms of the CMC DBA Documents.

No Estoppel. DB Maintenance Contractor shall not be relieved of its obligations to perform the Maintenance Services in accordance with the CMC 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 mademade 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 Maintenance Contractor, or from showing that the Maintenance Services or materials do not conform in fact to the requirements of the CMC 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 Maintenance Contractor and its Guarantors Guarantor(s) or Sureties Surety(ies) such damages as TxDOT may sustain by reason of DB Maintenance Contractor’s failure to comply or to have complied with the terms of the CMC CMA Documents.