Common use of No Estoppel Clause in Contracts

No Estoppel. Fabricator shall not be relieved of obligations to perform the Work in accordance with the 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 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 work performed and materials furnished by Fabricator, or from showing that the work or materials do not conform in fact to the requirements of the 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 Fabricator and its Surety(ies) such damages as TxDOT may sustain by reason of Fabricator’s failure to comply or to have complied with the terms of the Contract Documents.

Appears in 1 contract

Samples: Comprehensive Development Agreement

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No Estoppel. Fabricator Developer shall not be relieved of obligations to perform the Work in accordance with the Contract CDA 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 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 work Work performed and materials furnished by FabricatorXxxxxxxxx, or from showing that the work Work or materials do not conform in fact to the requirements of the Contract CDA Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from Fabricator Developer and its Guarantor(s) or Surety(ies) such damages as TxDOT may sustain by reason of FabricatorDeveloper’s failure to comply or to have complied with the terms of the Contract CDA Documents.

Appears in 1 contract

Samples: Comprehensive Development Agreement

No Estoppel. Fabricator Developer shall not be relieved of obligations to perform the Work in accordance with the Contract CDA 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 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 work Work performed and materials furnished by FabricatorDeveloper, or from showing that the work Work or materials do not conform in fact to the requirements of the Contract CDA Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, TxDOT shall not be precluded or estopped from recovering from Fabricator Developer and its Guarantor(s) or Surety(ies) such damages as TxDOT may sustain by reason of FabricatorDeveloper’s failure to comply or to have complied with the terms of the Contract CDA Documents.

Appears in 1 contract

Samples: Comprehensive Development Agreement

No Estoppel. Fabricator Developer shall not be relieved of obligations to perform the Work in accordance with the 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 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 work Work performed and materials furnished by FabricatorDeveloper, or from showing that the work Work or materials do not conform in fact to the requirements of the 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 Fabricator Developer and its Guarantor(s) or Surety(ies) such damages as TxDOT may sustain by reason of FabricatorDeveloper’s failure to comply or to have complied with the terms of the Contract Documents.

Appears in 1 contract

Samples: Development Agreement

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No Estoppel. Fabricator Integrator shall not be relieved of obligations to perform the Work in accordance with the Contract Documents, or any of its Warranty Warranty, maintenance 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 either before or after a 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 work Work performed and materials furnished by FabricatorIntegrator, or from showing that the work Work or materials do not conform in fact to the requirements of the 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 Fabricator Integrator and its Surety(ies) such damages as TxDOT may sustain by reason of FabricatorIntegrator’s failure to comply or to have complied with the terms of the Contract Documents.

Appears in 1 contract

Samples: And Maintenance Agreement

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