Limitation of DB Contractor’s Liability. Notwithstanding any other provision of the CMA Documents, to the extent permitted by applicable Law, TxDOT will not seek indemnification and defense under Section 15 or to recover damages from DB Contractor relating to this CMA (whether arising in contract, negligence or other tort, or any other theory of law) in excess of the sum of (a) all those costs reasonably incurred by TxDOT or any Person acting on TxDOT’s behalf in completing or correcting the Maintenance Services or having the Maintenance Services completed or corrected by another Person, including the cost of the work required or arising under the Warranties, (b) an amount equal to $100,000,000 (which amount shall specifically include any Liquidated Damages paid pursuant to this Section 12), (c) any amounts paid by or on behalf of DB Contractor that are covered by insurance proceeds, and (d) all Losses incurred by any Indemnified Party relating to or arising out of any illegal activities, fraud, criminal conduct, recklessness, bad faith, gross negligence or intentional misconduct on the part of any DB Contractor-Related Entity.
Limitation of DB Contractor’s Liability. Notwithstanding any other provision of the DBA Documents, to the extent permitted by applicable Law, TxDOT will not seek indemnification and defense under Section 18 or to recover damages from DB Contractor resulting from breach of this DBA (whether arising in contract, negligence or other tort, or any other theory of law) in excess of the sum of: (a) all those costs reasonably incurred by TxDOT or any Person acting on TxDOT’s behalf in completing or correcting the Work or having the Work completed or corrected by another Person, including the cost of the work required or arising under the Warranties; (b) an amount equal to $10,000,000 (which amount shall specifically include any Liquidated Damages or Lane Rental Fees paid pursuant to this Section 17);
