Common use of Matters Ineligible for Dispute Resolution Procedures Clause in Contracts

Matters Ineligible for Dispute Resolution Procedures. The Dispute Resolution Procedures shall not apply to the following (collectively, "Ineligible Matters"): (a) Any matters that the CMA Documents expressly state are final, binding or not subject to dispute resolution; (b) Any claim or dispute that does not arise under the CMA Documents; (c) Any claim that is not actionable against TxDOT by Maintenance Contractor on its own behalf or on behalf of its Subcontractors in accordance with Section 16.4; (d) Any claim for indemnity under Section 15; (e) Any claim for injunctive relief; (f) Any claim against an insurance company, including any Subcontractor Dispute that is covered by insurance; (g) Any claim arising solely in tort or that is covered by the Texas Tort Claims Act; (h) Any claim arising out of or relating to any Utility Adjustment where the Utility Owner is a necessary party (unless, and only to the extent that, the applicable Utility Agreement provides for resolution of claims as set forth in this Section 16); (i) Any claim or dispute that is the subject of litigation in a lawsuit filed in court to which the procedures established in this Section 16.3 do not apply, including any effort to interplead a Party into such a lawsuit in order to make the procedures established in this Section 16.3 applicable; (j) Any claim for, or dispute based on, remedies expressly created by statute; and (k) Any Dispute that is actionable only against a Surety.

Appears in 2 contracts

Samples: Capital Maintenance Agreement, Capital Maintenance Agreement

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Matters Ineligible for Dispute Resolution Procedures. The Dispute Resolution Procedures shall not apply to the following (collectively, "Ineligible Matters"): (a) Any matters that the CMA Documents expressly state are final, binding or not subject to dispute resolution; (b) Any claim or dispute that does not arise under the CMA Documents; (c) Any claim that is not actionable against TxDOT by Maintenance Contractor on its own behalf or on behalf of its Subcontractors in accordance with Section 16.4; (d) Any claim for indemnity under Section 15; (e) Any claim for injunctive relief; (f) Any claim against an insurance company, including any Subcontractor Dispute that is covered by insurance; Claims Act; (g) Any claim arising solely in tort or that is covered by the Texas Tort Claims Act;Tort (h) Any claim arising out of or relating to any Utility Adjustment where the Utility Owner is a necessary party (unless, and only to the extent that, the applicable Utility Agreement provides for resolution of claims as set forth in this Section 16); (i) Any claim or dispute that is the subject of litigation in a lawsuit filed in court to which the procedures established in this Section 16.3 do not apply, including any effort to interplead a Party into such a lawsuit in order to make the procedures established in this Section 16.3 applicable; (j) Any claim for, or dispute based on, remedies expressly created by statute; and (k) Any Dispute that is actionable only against a Surety.

Appears in 1 contract

Samples: Capital Maintenance Agreement

Matters Ineligible for Dispute Resolution Procedures. The Dispute Resolution Procedures shall not apply to the following (collectively, "Ineligible Matters"): (a) Any matters that the CMA Documents expressly state are final, binding or not subject to dispute resolution; (b) Any claim or dispute that does not arise under the CMA Documents; (c) Any claim that is not actionable against TxDOT by Maintenance Contractor on its own behalf or on behalf of its Subcontractors in accordance with Section 16.4; (d) Any claim for indemnity under Section 15; (e) Any claim for injunctive relief; (f) Any claim against an insurance company, including any Subcontractor Dispute that is covered by insurance; Claims Act; (g) Any claim arising solely in tort or that is covered by the Texas Tort Claims Act;Tort (h) Any claim arising out of or relating to any Utility Adjustment where the Utility Owner is a necessary party (unless, and only to the extent that, the applicable Utility Agreement provides for resolution of claims as set forth in this Section 16); (i) Any claim or dispute that is the subject of litigation in a lawsuit filed in court to which the procedures established in this Section 16.3 do not apply, including any effort to interplead a Party into such a lawsuit in order to make the procedures established in this Section 16.3 applicable; (j) Any claim for, or dispute based on, remedies expressly created by statute; and (k) Any Dispute that is actionable only against a Surety.by

Appears in 1 contract

Samples: Capital Maintenance Agreement

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Matters Ineligible for Dispute Resolution Procedures. The Dispute Resolution Procedures shall not apply to the following (collectively, "Ineligible Matters"): (a) Any matters that the CMA COMA Documents expressly state are final, binding or not subject to dispute resolution; Documents; (b) Any claim or dispute that does not arise under the CMA Documents;COMA (c) Any claim that is not actionable against TxDOT by Maintenance Contractor on its own behalf or on behalf of its Subcontractors in accordance with Section 16.4; (d) Any claim for indemnity under Section 15; (e) Any claim for injunctive relief; (f) Any claim against an insurance company, including any Subcontractor Dispute that is covered by insurance; (g) Any claim arising solely in tort or that is covered by the Texas Tort Claims Act; (h) Any claim arising out of or relating to any Utility Adjustment where the Utility Owner is a necessary party (unless, and only to the extent that, the applicable Utility Agreement provides for resolution of claims as set forth in this Section 16); (i) Any claim or dispute that is the subject of litigation in a lawsuit filed in court to which the procedures established in this Section 16.3 do not apply, including any effort to interplead a Party into such a lawsuit in order to make the procedures established in this Section 16.3 applicable; (j) Any claim for, or dispute based on, remedies expressly created by statute; and (k) Any Dispute dispute that is actionable only against a Surety.

Appears in 1 contract

Samples: Comprehensive Maintenance Agreement

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