Common use of Prosecution of Claims Against Owner Clause in Contracts

Prosecution of Claims Against Owner. If the claim or dispute is based on the actions or omissions of the Owner, the Contractor will, at its option, (1) present such Subcontractor claims to the Owner and respond to inquiries by the Owner relating to the Subcontractor's claim, in the Contractor's name, or (2) if the Contractor is permitted to do so by the Owner/Contractor Contract, authorize the Subcontractor to present such claims to the Owner, or responses to inquiries by the Owner, in the Contractor's name. The Contractor shall not be required to submit any claim on behalf of the Subcontractor, or permit the Subcontractor to prosecute any claim in the Contractor's name if, in the Contractor's reasonable judgment, to do so will subject the Contractor to any penalties or other sanctions or cause the Contractor to violate any applicable law relating to the presentation of false or inaccurate claims. If the dispute or claim is prosecuted or defended by the Contractor, the Subcontractor agrees to furnish all certifications, documents, statements, witnesses, and other information required by the Contractor, and to pay or reimburse the Contractor for all costs, including attorneys' fees, incurred.

Prosecution of Claims Against Owner. If the claim or dispute Claim is based on the actions or omissions of the Owner, the Contractor will, at its option, (1) present such Subcontractor claims Claims to the Owner and respond to inquiries by the Owner relating to the Subcontractor's claim, in the Contractor's name, or (2) if the Contractor is permitted to do so by the Owner/Contractor Contract, authorize the Subcontractor to present such claims Claims to the Owner, or responses to inquiries by the Owner, in the Contractor's name. The Contractor shall not be required to submit any claim Claim on behalf of the Subcontractor, or permit the Subcontractor to prosecute any claim Claim in the Contractor's name if, in the Contractor's reasonable judgment, to do so will subject the Contractor to any penalties or other sanctions or cause the Contractor to violate any applicable law relating to the presentation of false or inaccurate claimsClaims. If the dispute or claim Claim is prosecuted or defended by the Contractor, the Subcontractor agrees to furnish all certifications, documents, statements, witnesses, and other information required by the Contractor, and to pay or reimburse the Contractor for all costs, including attorneys' fees, incurred.