Payment of Cost Overruns. StadCo shall pay all Cost Overruns as and when the same are due. The Authority shall not be responsible for the payment of any Cost Overruns, subject to the terms of Section 11.1 and Section 11.4 hereof. If subsequent to payments of Cost Overruns by StadCo, Project Savings are realized, the same shall first be paid to StadCo until StadCo has recovered the amount paid by it for all prior Cost Overruns. StadCo shall have the sole and exclusive right to pursue all claims and receive all recoveries, damages, and penalties from contractors and sureties to the extent of any Cost Overruns paid by StadCo. To the extent of other costs paid by the Parties, each Party shall have the right to pursue claims and receive recoveries, damages, and penalties from contractors and sureties in proportion to their respective Losses. The Parties shall cooperate with each other in pursuing joint recoveries and the Party whose projected Losses are the greater shall have the right to select counsel and control the litigation to recover such Losses.
Payment of Cost Overruns. Bristol shall pay all Cost Overruns as and when the same are due. The Metropolitan Government, the Authority and the Fair Board shall not be responsible for the payment of any Cost Overruns. If subsequent to payments of Cost Overruns by Bristol, Project Savings are realized, the same shall first be paid to Bristol until Bristol has recovered the amount paid by it for all prior Cost Overruns. Any remaining Project Savings shall be paid to the Authority. Bristol shall have the sole and exclusive right to pursue all claims and receive all recoveries, damages, and penalties from contractors and sureties to the extent of any Cost Overruns paid by Bristol. To the extent of other costs paid by the Parties, each Party shall have the right to pursue claims and receive recoveries, damages, and penalties from contractors and sureties in proportion to their respective Losses. The Parties shall cooperate with each other in pursuing joint recoveries and the Party whose projected Losses are the greater shall have the right to select counsel and control the litigation to recover such Losses.
Payment of Cost Overruns. Lessee shall make payments of prepaid rent to the Lessor, during the Construction Period, of cost overruns as directed by the Lessor in accordance with Section 3.3. of the Agency Agreement.
