Matters Ineligible for Dispute Resolution Procedures. Section 22 shall not apply to: (i) claims that are not actionable against TxDOT by Developer on its own behalf or on behalf of any of its Subcontractors in accordance with Section 22.3; (ii) claims arising solely in tort; (iii) claims for indemnity under Section 17; (iv) claims for injunctive relief; (v) claims against insurance companies, including any Subcontractor Dispute that is covered by insurance; (vi) any Dispute based on remedies expressly created by statute; (vii) any Dispute that is actionable only against a bonding company; or (viii) any claim or Dispute for which Developer may seek mandamus pursuant to Texas Transportation Code Section 223.208.
Appears in 5 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement