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
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
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