Common use of Additional Requirements for Subcontractor Disputes Clause in Contracts

Additional Requirements for Subcontractor Disputes. For purposes of this Exhibit 13, a “Subcontractor Dispute” shall include any Dispute by a Subcontractor, including any pass-through claims by a lower tier Subcontractor, against DB Contractor that is actionable by DB Contractor against TxDOT and arises from the Maintenance Services, materials or other services provided or to be provided under the CMC Documents. If DB Contractor determines to pursue a Dispute against TxDOT that includes a Subcontractor Dispute, the following additional conditions shall apply: a. DB Contractor shall identify clearly in all submissions pursuant to this Exhibit 13, that portion of the Dispute that involves a Subcontractor Dispute. b. Failure of DB Contractor to assert a Subcontractor Dispute on behalf of any Subcontractor at the time of submission of a related demand by DB Contractor, as provided hereunder, shall constitute a release and discharge of TxDOT by DB Contractor on account of, and with respect to, such Subcontractor Dispute. c. DB Contractor shall require in all Subcontracts that all Subcontractors of any tier: i. agree to submit Subcontractor Disputes to DB Contractor in a proper form and in sufficient time to allow processing by DB Contractor in accordance with this Exhibit 13; ii. agree to be bound by the terms of this Exhibit 13 to the extent applicable to Subcontractor Disputes; iii. agree that, to the extent a Subcontractor Dispute is involved, completion of all steps required under this Exhibit 13 shall be a condition precedent to pursuit by the Subcontractor of any other remedies permitted by Xxx, including institution of a lawsuit against DB Contractor; iv. agree that any Subcontractor Dispute brought against a Surety, that also is actionable against TxDOT through DB Contractor, shall be stayed until completion of all steps required under this clause (c); and v. agree that the existence of a dispute resolution process for Disputes involving Subcontractor Disputes shall not be deemed to create any claim, right or cause of action by any Subcontractor against TxDOT. Subcontractors shall, at all times, have rights and remedies only against DB Contractor.

Additional Requirements for Subcontractor Disputes. For purposes of this Exhibit 13, a “Subcontractor Dispute” shall include any Dispute by a Subcontractor, including any pass-through claims by a lower tier Subcontractor, against DB Contractor that is actionable by DB Contractor against TxDOT and arises from the Maintenance Services, materials or other services provided or to be provided under the CMC Documents. If DB Contractor determines to pursue a Dispute against TxDOT that includes a Subcontractor Dispute, the following additional conditions shall apply: a. DB Contractor shall identify clearly in all submissions pursuant to this Exhibit 13, that portion of the Dispute that involves a Subcontractor Dispute. b. Failure of DB Contractor to assert a Subcontractor Dispute on behalf of any Subcontractor at the time of submission of a related demand by DB Contractor, as provided hereunder, shall constitute a release and discharge of TxDOT by DB Contractor on account of, and with respect to, such Subcontractor Dispute. c. DB Contractor shall require in all Subcontracts that all Subcontractors of any tier: i. agree to submit Subcontractor Disputes to DB Contractor in a proper form and in sufficient time to allow processing by DB Contractor in accordance with this Exhibit 13; ii. agree to be bound by the terms of this Exhibit 13 to the extent applicable to Subcontractor Disputes; iii. agree that, to the extent a Subcontractor Dispute is involved, completion of all steps required under this Exhibit 13 shall be a condition precedent to pursuit by the Subcontractor of any other remedies permitted by Xxx, including institution of a lawsuit against DB Contractor; iv. agree that any Subcontractor Dispute brought against a Surety, that also is actionable against TxDOT through DB Contractor, shall be stayed until completion of all steps required under this clause (c); and v. agree that the existence of a dispute resolution process for Disputes involving Subcontractor Disputes shall not be deemed to create any claim, right or cause of action by any Subcontractor against TxDOT. Subcontractors shall, at all times, have rights and remedies only against DB Contractor.

Additional Requirements for Subcontractor Disputes. For purposes of this Exhibit 13, a “Subcontractor Dispute” shall include any Dispute by a Subcontractor, including any pass-through claims by a lower tier Subcontractor, against DB Contractor that is actionable by DB Contractor against TxDOT and arises from the Maintenance Services, materials or other services provided or to be provided under the CMC Documents. If DB Contractor determines to pursue a Dispute against TxDOT that includes a Subcontractor Dispute, the following additional conditions shall apply: a. DB Contractor shall identify clearly in all submissions pursuant to this Exhibit 13, that portion of the Dispute that involves a Subcontractor Dispute. b. Failure of DB Contractor to assert a Subcontractor Dispute on behalf of any Subcontractor at the time of submission of a related demand by DB Contractor, as provided hereunder, shall constitute a release and discharge of TxDOT by DB Contractor on account of, and with respect to, such Subcontractor Dispute. c. DB Contractor shall require in all Subcontracts that all Subcontractors of any tier: i. agree to submit Subcontractor Disputes to DB Contractor in a proper form and in sufficient time to allow processing by DB Contractor in accordance with this Exhibit 13; ii. agree to be bound by the terms of this Exhibit 13 to the extent applicable to Subcontractor Disputes; iii. agree that, to the extent a Subcontractor Dispute is involved, completion of all steps required under this Exhibit 13 shall be a condition precedent to pursuit by the Subcontractor of any other remedies permitted by XxxLaw, including institution of a lawsuit against DB Contractor; iv. agree that any Subcontractor Dispute brought against a Surety, that also is actionable against TxDOT through DB Contractor, shall be stayed until completion of all steps required under this clause (c); and and DocuSign Envelope ID: 05C1F150-2AD5-4643-82AF-864EEA18D456 v. agree that the existence of a dispute resolution process for Disputes involving Subcontractor Disputes shall not be deemed to create any claim, right or cause of action by any Subcontractor against TxDOT. Subcontractors shall, at all times, have rights and remedies only against DB Contractor.

Additional Requirements for Subcontractor Disputes. For purposes of this Exhibit 1314, a “Subcontractor Dispute” shall include any Dispute by a Subcontractor, including any pass-through claims by a lower tier Subcontractor, against DB Contractor that is actionable by DB Contractor against TxDOT and arises from the Maintenance Services, materials or other services provided or to be provided under the CMC Documents. If DB Contractor determines to pursue a Dispute against TxDOT that includes a Subcontractor Dispute, the following additional conditions shall apply: a. DB Contractor shall identify clearly in all submissions pursuant to this Exhibit 1314, that portion of the Dispute that involves a Subcontractor Dispute. b. Failure of DB Contractor to assert a Subcontractor Dispute on behalf of any Subcontractor at the time of submission of a related demand by DB Contractor, as provided hereunder, shall constitute a release and discharge of TxDOT by DB Contractor on account of, and with respect to, such Subcontractor Dispute. c. DB Contractor shall require in all Subcontracts that all Subcontractors of any tier: i. agree to submit Subcontractor Disputes to DB Contractor in a proper form and in sufficient time to allow processing by DB Contractor in accordance with this Exhibit 1314; ii. agree to be bound by the terms of this Exhibit 13 14 to the extent applicable to Subcontractor Disputes; iii. agree that, to the extent a Subcontractor Dispute is involved, completion of all steps required under this Exhibit 13 14 shall be a condition precedent to pursuit by the Subcontractor of any other remedies permitted by XxxLaw, including institution of a lawsuit against DB Contractor; iv. agree that any Subcontractor Dispute brought against a Surety, that also is actionable against TxDOT through DB Contractor, shall be stayed until completion of all steps required under this clause (c); and v. agree that the existence of a dispute resolution process for Disputes involving Subcontractor Disputes shall not be deemed to create any claim, right or cause of action by any Subcontractor against TxDOT. Subcontractors shall, at all times, have rights and remedies only against DB Contractor.

Additional Requirements for Subcontractor Disputes. For purposes of this Exhibit 13, a “Subcontractor Dispute” shall include any Dispute by a Subcontractor, including any pass-through claims by a lower tier Subcontractor, against DB Contractor that is actionable by DB Contractor against TxDOT and arises from the Maintenance Services, materials or other services provided or to be provided under the CMC Documents. If DB Contractor determines to pursue a Dispute against TxDOT that includes a Subcontractor Dispute, the following additional conditions shall apply: a. DB Contractor shall identify clearly in all submissions pursuant to this Exhibit 13, that portion of the Dispute that involves a Subcontractor Dispute. b. Failure of DB Contractor to assert a Subcontractor Dispute on behalf of any Subcontractor at the time of submission of a related demand by DB Contractor, as provided hereunder, shall constitute a release and discharge of TxDOT by DB Contractor on account of, and with respect to, such Subcontractor Dispute. c. DB Contractor shall require in all Subcontracts that all Subcontractors of any tier: i. agree to submit Subcontractor Disputes to DB Contractor in a proper form and in sufficient time to allow processing by DB Contractor in accordance with this Exhibit 13; ii. agree to be bound by the terms of this Exhibit 13 to the extent applicable to Subcontractor Disputes; iii. agree that, to the extent a Subcontractor Dispute is involved, completion of all steps required under this Exhibit 13 shall be a condition precedent to pursuit by the Subcontractor of any other remedies permitted by Xxx, including institution of a lawsuit against DB Contractor; iv. agree that any Subcontractor Dispute brought against a Surety, that also is actionable against TxDOT through DB Contractor, shall be stayed until completion of all steps required under this clause (c); andand DocuSign Envelope ID: 03C7621F-6C70-41BC-A3A1-69BF53A9BA57 v. agree that the existence of a dispute resolution process for Disputes involving Subcontractor Disputes shall not be deemed to create any claim, right or cause of action by any Subcontractor against TxDOT. Subcontractors shall, at all times, have rights and remedies only against DB Contractor.