Iconic Trees definition
Iconic Trees means the following six trees: “▇▇▇▇▇▇▇ Grove Oak” (29 inches DBH, latitude 30.234937, longitude -97.863206); “Grandmother Oak” (62 inches DBH, latitude 30.234051, longitude -97.865919); “Grandfather Oak” (52 inches DBH, latitude 30.234188, longitude -97.865371); and the three “Niece Oaks” (36 inches DBH, latitude 30.234258, longitude -97.864705), (35 inches DBH, latitude 30.234263, longitude -97.864727) and (44 inches DBH, latitude 30.234285, longitude - 97.864760), as identified in the RID entitled “Oak Hill Parkway Tree Preservation Areas.” Ineligible Matters (i) Any matters that the Contract Documents expressly state are final, binding or not subject to dispute resolution; (ii) Any claim or dispute that does not arise under the Contract Documents; (iii) Any claim that is not actionable against TxDOT by DB Contractor on its own behalf or on behalf of its Subcontractors in accordance with Section 4.9 of the General Conditions and Exhibit 20 hereof; (iv) Any claim for indemnity under Section 7.12 of the General Conditions; (v) Any claim for injunctive relief; (vi) Any claim against an insurance company, including any Subcontractor Dispute that is covered by insurance; (vii) Any claim arising solely in tort or that is covered by the Texas Tort Claims Act; (viii) Any claim arising out of or relating to any Utility Adjustment where the Utility Owner is a necessary party (unless, and only to the extent that, the applicable Utility Agreement provides for resolution of claims as set forth in Section 4.9 of the General Conditions and Exhibit 20 hereof); (ix) Any claim or dispute that is the subject of litigation in a lawsuit filed in court to which the procedures established in Section 4.9 of the General Conditions and Exhibit 20 hereof do not apply, including any effort to interplead a Party into such a lawsuit in order to make the procedures established in Section 4.9 of the General Conditions and Exhibit 20 hereof apply; (x) Any claim for, or dispute based on, remedies expressly created by statute; and (xi) Any Dispute that is actionable only against a Surety.
Iconic Trees means the following six trees: “▇▇▇▇▇▇▇ Grove Oak” (29 inches DBH, latitude