Common use of Claims Against Third Parties Clause in Contracts

Claims Against Third Parties. DB Contractor shall not have the authority or responsibility to assert and pursue any claims against any third party for damage to the Project, other than claims for third-party damage that do not fall within the definition for Force Majeure Event. In the event DB Contractor receives any funds from third parties for damages caused to the Project, such funds shall be used first to repair the applicable damage to the Project. Upon request by TxDOT, DB Contractor shall provide reasonable assistance to, and shall reasonably cooperate with, TxDOT regarding claims against third parties for damage to the Project for which TxDOT is responsible.

Appears in 4 contracts

Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement

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Claims Against Third Parties. DB Contractor shall not have the authority or responsibility to assert and pursue any claims against any third party for damage to the Project, other than claims for third-third party damage that do not fall within the definition for of Force Majeure Event. In the event DB Contractor receives any funds from third parties for damages caused to the Project, such funds shall be used first to repair the applicable damage to the Project. Upon request by TxDOT, DB Contractor shall provide reasonable assistance to, and shall reasonably cooperate with, TxDOT regarding claims against third parties for damage to the Project for which TxDOT is responsible.

Appears in 3 contracts

Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement

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