Common use of Department as Third Party Beneficiary Clause in Contracts

Department as Third Party Beneficiary. It is the intention of the parties hereto that the Department be a third party beneficiary of Sections 11.02 and 11.03 and each of the parties hereto agree that the Department shall be entitled to enforce the rights created in its favor under Sections 11.02 and 11.03 directly and in its own name.

Department as Third Party Beneficiary. (a) It is the intention of the parties hereto that the Department be a third party beneficiary of Sections 11.02 and 11.03 and each of the parties hereto agree that the Department shall be entitled to enforce the rights created in its favor under Sections 11.02 and 11.03 directly and in its own name; provided, that the Department will have the right to exercise its rights under such representations and warranties only so long as the Concessionaire or a Lender is not pursuing remedies thereunder.