Common use of Claims Against Third Parties Clause in Contracts

Claims Against Third Parties. In connection with DB Contractor’s obligations under the DBA Documents, including repair of damage to the Project caused by collision (motor vehicle, aircraft or railroad train), vandalism, or other acts of destruction or damage by third parties, DB Contractor shall have the right, in its reasonable discretion, to lawfully pursue claims against third parties for damage caused to the Project. In the event DB Contractor is required to repair any damage to the Project caused by third parties and TxDOT receives payment pursuant to a third-party claim regarding such damage, TxDOT shall reimburse DB Contractor to the extent of the funds received on a monthly basis in accordance with Section 12 as DB Contractor performs the applicable Work.

Claims Against Third Parties. In connection with DB Contractor’s obligations under the DBA Documents, including repair of damage to the Project caused by collision (motor vehicle, aircraft or railroad train), vandalism, or other acts of destruction or damage by third parties, DB Contractor shall have the right, in its reasonable discretion, to lawfully pursue claims against third parties for damage caused to the Project. In the event DB Contractor is required to repair any damage to the Project caused by third parties and TxDOT receives payment pursuant to a third-party claim regarding such damage, TxDOT shall reimburse DB Contractor to the extent of pay the funds received on a monthly basis in accordance with Section 12 as to DB Contractor performs upon completion by DB Contractor of the applicable Work.