Common use of Claims Against Third Parties Clause in Contracts

Claims Against Third Parties. In connection with DB Contractor’s obligations under the COMA 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 receives any funds from third parties, such funds shall be used first to repair the applicable damage to the Project and next for the purposes for which the funds were awarded or received. 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 10 to DB Contractor upon completion by as DB Contractor performs of the applicable Maintenance Services.

Claims Against Third Parties. In connection with DB Contractor’s 's obligations under the COMA Documents, including repair of damage to the Project caused by collision (motor vehicle, aircraft 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 receives any funds from third parties, such funds shall be used first to repair the applicable damage to the Project and next for the purposes for which the funds were awarded or received. 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 received, on a monthly basis basis, in accordance with Section 10 to DB Contractor and upon completion by as DB Contractor performs of the applicable Maintenance Services.