Limitations on the Developer’s Right to Rely Sample Clauses
The "Limitations on the Developer’s Right to Rely" clause restricts the extent to which a developer can depend on information, representations, or approvals provided by other parties, such as the client or third parties, during a project. In practice, this clause may specify that the developer must independently verify certain facts or cannot claim reliance on informal communications or unverified data. Its core function is to allocate risk by clarifying that the developer bears responsibility for due diligence, thereby preventing disputes over misunderstandings or inaccurate information.
Limitations on the Developer’s Right to Rely.
(a) The Developer expressly acknowledges and agrees that the Department’s rights, if any, under the Project Agreements:
(i) to review, comment on, approve, disapprove and/or accept designs, plans, specifications, work plans, construction, equipment, installation, plans for maintenance, traffic management, policing and/or Project management, books, records, reports or statements, or documents pertaining to Developer Debt and Financing Assignments,
(ii) to review, comment on and approve or disapprove qualifications and performance of, and to communicate with, Contractors, and
(iii) to perform Oversight Services, exist solely for the benefit and protection of the Department, do not create or impose upon the Department any standard or duty of care toward any Developer Party, all of which are hereby disclaimed, may not be relied upon, nor may the Department’s exercise or failure to exercise any such rights be relied upon, by the Developer in determining whether the Developer has satisfied the standards and requirements set forth in this Agreement and may not be asserted, nor may the Department’s exercise or failure to exercise any such rights be asserted, against the Department by the Developer as a defense, legal or equitable, to the Developer’s obligation to fulfill such standards and requirements; provided, that the foregoing will not limit the Department’s liabilities or obligations pursuant to this Agreement.
(b) To the maximum extent permitted by Law, and subject to the provisions of this Agreement, the Developer hereby releases and discharges the Department from any and all duty and obligation to cause permitting, Project Right of Way acquisition, Utility Relocation, construction, equipping, operations, maintenance, policing, renewal, replacement, traffic management or other management of or for the Project or the Project Right of Way, by the Department, to satisfy the standards and requirements set forth in the Project Agreements that has been allocated to the Developer hereunder; provided, that the foregoing will not limit the Department’s liability or obligations under this Agreement. The Department will be entitled to remedies for Non-Conforming Work pursuant to Section 8.11(b).
(c) No rights of the Department described in Section 10.06(a), no exercise or failure to exercise such rights, no failure of the Department to meet any particular standard of care in the exercise of such rights, no issuance of permits or certificates of completion or accept...