Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer shall be responsible for reporting and processing all potential claims by TxDOT or Developer against the insurance policies required hereunder. Xxxxxxxxx agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means. 9.2.2 TxDOT agrees to promptly notify Developer of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insurance 9.2.3 If in any instance Developer has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining Developer’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer on account of available insurance, Developer shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer as electing to self-insure where Xxxxxxxxx is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9. 9.2.4 If in any instance Developer has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from Developer, within ten days after so notifying Developer, written proof that Developer has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim. 9.2.5 All insurance proceeds received by Developer for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 8 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer shall be responsible for reporting and processing all potential claims by TxDOT or Developer against the insurance policies required hereunder. Xxxxxxxxx agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.’s
9.2.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents,
9.2.2.1 For claims and suits which DB Contractor’s insurer reasonably estimates to be within the limits of its available coverage, potential DB Contractor or its insurer shall communicate and coordinate the defense strategy with TxDOT and the Texas Office of the Attorney General and shall ensure that the insurer does not agree to any settlement without first obtaining the concurrence of the Texas Office of the Attorney General. TxDOT and the Texas Office of the Attorney General shall not unreasonably withhold consent to the strategy and plan communicated by the DB Contractor or its insurer to TxDOT and the Texas Office of the Attorney General. Nor shall TxDOT and the Texas Office of the Attorney General unreasonably withhold consent to settlements and compromises proposed by DB Contractor or its insurers which fall within the limits of insurance provided by such insurers.
9.2.2.2 For claims against TxDOTand suits which DB Contractor’s insurer reasonably estimates to be in excess of the available insurance provided by DB Contractor’s insurers, and matters implicating the potential for damages which may give rise to an insurance claim against TxDOTare the financial liability or responsibility of TxDOT or the State of Texas, to tender to DB Contractor shall ensure that the insurer TxDOT’s defense of the claim under such insuranceis coordinated by the insurer with TxDOT and the Texas Office of the Attorney General and shall ensure that the DB Contractor’s insurer does not agree to any settlement in excess of DB Contractor’s insurer’s limits of liability without first obtaining the concurrence of the Texas Office of the Attorney General.
9.2.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining Developer’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer on account of available insurance, Developer shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer as electing to self-insure where Xxxxxxxxx is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.obligations
9.2.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from Developer, within ten days after so notifying Developer, written proof that Developer has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.obligation
9.2.5 All insurance proceeds received by Developer DB Contractor for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.loss
Appears in 5 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
Prosecution of Claims. 9.2.1 7.8.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) insurers under such insurance policies any and all matters which that may give rise to an insurance claim by Developer DB Contractor or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer DB Contractor shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer DB Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 7.8.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which that may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder. DB Contractor shall ensure that, to the extent covered by DB Contractor’s policies:
9.2.3 7.8.2.1 For claims and suits that DB Contractor’s insurer reasonably estimates to be within the limits of its available coverage, DB Contractor or its insurer shall communicate and coordinate the defense strategy with TxDOT and the Texas Office of the Attorney General and shall ensure that the insurer does not agree to any settlement without first obtaining the concurrence of the Texas Office of the Attorney General. TxDOT and the Texas Office of the Attorney General shall not unreasonably withhold consent to the strategy and plan communicated by DB Contractor or its insurer to TxDOT and the Texas Office of the Attorney General. Nor shall TxDOT and the Texas Office of the Attorney General unreasonably withhold consent to settlements and compromises proposed by DB Contractor or its insurers that fall within the limits of insurance provided by such insurers.
7.8.2.2 For claims and suits that DB Contractor’s insurer reasonably estimates to be in excess of the available insurance provided by DB Contractor’s insurers, and implicating the potential for damages that are the financial liability or responsibility of TxDOT or the State of Texas, DB Contractor shall ensure that the defense of the claim is coordinated by the insurer with TxDOT and the Texas Office of the Attorney General and shall ensure that DB Contractor’s insurer does not agree to any settlement in excess of DB Contractor’s insurer’s limits of liability without first obtaining the concurrence of the Texas Office of the Attorney General.
7.8.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement CMA or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then then, for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-self- insure up to the full amount of insurance coverage which that would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract CMA Documents shall be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which that, at the time the insurance policy is written meets the rating qualifications set forth in this Section 97.
9.2.4 7.8.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: , (a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; claim and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten days 10 Days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 7.8.5 All insurance proceeds received by Developer DB Contractor for any insured loss under the builder’s risk insurance policies required by this Agreement CMA in excess of $10,000,000 shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this AgreementCMA.
Appears in 4 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer DB Contractor or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer DB Contractor shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer DB Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder.
9.2.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.
9.2.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer DB Contractor for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 3 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer DB Contractor or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer DB Contractor shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer DB Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder. DB Contractor shall ensure that, to the extent covered by DB Contractor’s policies:
9.2.2.1 For claims and suits which DB Contractor’s insurer reasonably estimates to be within the limits of its available coverage, DB Contractor or its insurer shall communicate and coordinate the defense strategy with TxDOT and the Texas Office of the Attorney General and shall ensure that the insurer does not agree to any settlement without first obtaining the concurrence of the Texas Office of the Attorney General. TxDOT and the Texas Office of the Attorney General shall not unreasonably withhold consent to the strategy and plan communicated by the DB Contractor or its insurer to TxDOT and the Texas Office of the Attorney General. Nor shall TxDOT and the Texas Office of the Attorney General unreasonably withhold consent to settlements and compromises proposed by DB Contractor or its insurers which fall within the limits of insurance provided by such insurers.
9.2.2.2 For claims and suits which DB Contractor’s insurer reasonably estimates to be in excess of the available insurance provided by DB Contractor’s insurers, and implicating the potential for damages which are the financial liability or responsibility of TxDOT or the State of Texas, DB Contractor shall ensure that the defense of the claim is coordinated by the insurer with TxDOT and the Texas Office of the Attorney General and shall ensure that the DB Contractor’s insurer does not agree to any settlement in excess of DB Contractor’s insurer’s limits of liability without first obtaining the concurrence of the Texas Office of the Attorney General.
9.2.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.
9.2.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer DB Contractor for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 3 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer shall be responsible for reporting and processing all potential claims by TxDOT or Developer against the insurance policies required hereunder. Xxxxxxxxx Developer agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with Developer as necessary for Developer to fulfill its duties hereunder.
9.2.3 If in any instance Developer has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining Developer’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer on account of available insurance, Developer shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer as electing to self-insure where Xxxxxxxxx is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.such
9.2.4 If in any instance Developer has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from Developer, within ten days after so notifying Developer, written proof that Developer has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Development Agreement
Prosecution of Claims. 9.2.1 7.8.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) insurers under such insurance policies any and all matters which that may give rise to an insurance claim by Developer DB Contractor or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.to
9.2.2 7.8.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which that may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder. DB Contractor shall ensure that, to the extent covered by DB Contractor’s policies:
9.2.3 7.8.2.1 For claims and suits that DB Contractor’s insurer reasonably estimates to be within the limits of its available coverage, DB Contractor or its insurer shall communicate and coordinate the defense strategy with TxDOT and the Texas Office of the Attorney General and shall ensure that the insurer does not agree to any settlement without first obtaining the concurrence of the Texas Office of the Attorney General. TxDOT and the Texas Office of the Attorney General shall not unreasonably withhold consent to the strategy and plan communicated by DB Contractor or its insurer to TxDOT and the Texas Office of the Attorney General. Nor shall TxDOT and the Texas Office of the Attorney General unreasonably withhold consent to settlements and compromises proposed by DB Contractor or its insurers that fall within the limits of insurance provided by such insurers.
7.8.2.2 For claims and suits that DB Contractor’s insurer reasonably estimates to be in excess of the available insurance provided by DB Contractor’s insurers, and implicating the potential for damages that are the financial liability or responsibility of TxDOT or the State of Texas, DB Contractor shall ensure that the defense of the claim is coordinated by the insurer with TxDOT and the Texas Office of the Attorney General and shall ensure that DB Contractor’s insurer does not agree to any settlement in excess of DB Contractor’s insurer’s limits of liability without first obtaining the concurrence of the Texas Office of the Attorney General.
7.8.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Capital Maintenance Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining Developer’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer on account of available insurance, Developer shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer as electing to self-insure where Xxxxxxxxx is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.,
9.2.4 7.8.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: , (a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; claim and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten days 10 Days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 7.8.5 All insurance proceeds received by Developer DB Contractor for any insured loss under the builder’s risk insurance policies required by this Capital Maintenance Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Capital Maintenance Agreement.
Appears in 2 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer DB Contractor or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer DB Contractor shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer DB Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder.
9.2.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement DBA or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract DBA Documents shall be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.
9.2.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.other
9.2.5 All builder’s risk and/or property insurance proceeds received by Developer DB Contractor for any insured loss under the insurance policies required by this Agreement DBA shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this AgreementDBA.
Appears in 2 contracts
Samples: Design Build Agreement, Design Build Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer DB Contractor or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer DB Contractor shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer DB Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder.
9.2.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement DBA or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract DBA Documents shall be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.
9.2.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: :
(a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer DB Contractor for any insured loss under the insurance policies required by this Agreement DBA shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this AgreementDBA.
Appears in 2 contracts
Samples: Design Build Agreement, Design Build Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer DB Contractor or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer DB Contractor shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer DB Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder.
9.2.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.
9.2.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from Developer, within ten days after so notifying Developer, written proof that Developer has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.and
9.2.5 All insurance proceeds received by Developer DB Contractor for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 2 contracts
Samples: Design Build Agreement, Design Build Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.DB Contractor or
9.2.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder.
9.2.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.
9.2.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer DB Contractor for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 2 contracts
Samples: Design Build Agreement, Design Build Agreement
Prosecution of Claims. 9.2.1 16.1.4.1 Unless otherwise directed by TxDOT the Department in writing with respect to TxDOTthe Department’s insurance claims, Developer shall be responsible for reporting and processing all potential claims by TxDOT the Department or Developer against the insurance policies Insurance Policies required to be provided by Developer hereunder. Xxxxxxxxx Developer agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party the Department and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies Insurance Policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT 16.1.4.2 The Department agrees to promptly notify Developer of TxDOTthe Department’s incidents, potential claims against TxDOTclaims, and matters which may give rise to an a Department insurance claim against TxDOTclaim, to tender to the insurer TxDOTthe Department’s defense of the claim under such insuranceInsurance Policies, and to cooperate with Developer as necessary for Developer to fulfill its duties hereunder.
9.2.3 16.1.4.3 If in any instance Developer has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies Insurance Policies or to prosecute claims diligently, then for purposes of determining Developer’s liability and the limits thereon or determining reductions in compensation due from TxDOT the Department to Developer on account of available insurance, Developer shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer performed such obligations and not committed such failureobligations. Nothing in the Contract Documents this Section 16.1.4 or elsewhere in this Section 16.1 shall be construed to treat Developer as electing to self-insure where Xxxxxxxxx Developer is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy Insurance Policy is written meets the rating qualifications set forth in this Section 916.1.
9.2.4 16.1.4.4 In the event that an Insurer providing any of the Insurance Policies required by this Agreement becomes the subject of bankruptcy proceedings, becomes insolvent, or is the subject of an order or directive limiting its business activities given by any Governmental Entity, including the State Department of Insurance, Developer shall exercise best efforts to promptly and at its own cost and expense secure alternative coverage in compliance with the insurance requirements contained in this Section 16.1 so as to avoid any lapse in insurance coverage.
16.1.4.5 If in any instance Developer has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Partythe Department, then TxDOT or the other Indemnified Party Department may, but is not obligated to: (a) notify Developer in writing of TxDOT’s intent to , report the claim directly with to the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from Developer, within ten days after so notifying Developer, written proof that Developer has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Prosecution of Claims. 9.2.1 3.3.16.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) insurers under such insurance policies any and all matters which that may give rise to an insurance claim by Developer DB Contractor or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer DB Contractor shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer DB Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 3.3.16.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which that may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder. For any such incidents, potential claims and matters, DB Contractor shall ensure that, to the extent covered by DB Contractor’s policies:
9.2.3 (a) For claims and suits that DB Contractor’s insurer reasonably estimates to be within the limits of its available coverage, DB Contractor or its insurer shall communicate and coordinate the defense strategy with TxDOT and the Texas Office of the Attorney General and shall ensure that the insurer does not agree to any settlement without first obtaining the concurrence of the Texas Office of the Attorney General. TxDOT and the Texas Office of the Attorney General shall not unreasonably withhold consent to the strategy and plan communicated by DB Contractor or its insurer to TxDOT and the Texas Office of the Attorney General. Nor shall TxDOT and the Texas Office of the Attorney General unreasonably withhold consent to settlements and compromises proposed by DB Contractor or its insurers that fall within the limits of insurance provided by such insurers.
(b) For claims and suits that DB Contractor’s insurer reasonably estimates to be in excess of the available insurance provided by DB Contractor’s insurers, and implicating the potential for damages that are the financial liability or responsibility of TxDOT or the State of Texas, DB Contractor shall ensure that the defense of the claim is coordinated by the insurer with TxDOT and the Texas Office of the Attorney General and shall ensure that DB Contractor’s insurer does not agree to any settlement in excess of DB Contractor’s insurer’s limits of liability without first obtaining the concurrence of the Texas Office of the Attorney General.
3.3.16.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement Capital Maintenance Contract or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which that would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract CMC Documents shall DocuSign Envelope ID: 8320AD6C-99DF-41FA-9908-4E441F89A70B be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which that at the time the insurance policy is written meets the rating qualifications set forth in this Section 93.3.
9.2.4 3.3.16.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (ai) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (bii) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten 10 days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 3.3.16.5 All insurance proceeds received by Developer DB Contractor for any insured loss in excess of $10,000,000 under the builder’s risk insurance policies required by this Agreement Capital Maintenance Contract shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this AgreementCapital Maintenance Contract. Any costs under this CMC that are covered by insurance proceeds received by (or on behalf of) DB Contractor shall proportionately reduce any amounts for such costs that would otherwise be owed by TxDOT to DB Contractor under this Capital Maintenance Contract.
Appears in 1 contract
Samples: Capital Maintenance Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer shall be responsible for reporting and processing all potential claims by TxDOT or Developer against the insurance policies required hereunder. Xxxxxxxxx agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceagainst
9.2.3 If in any instance Developer has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining Developer’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer on account of available insurance, Developer shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer as electing to self-insure where Xxxxxxxxx is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.
9.2.4 If in any instance Developer has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from Developer, within ten days after so notifying Developer, written proof that Developer has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 1 contract
Samples: Development Agreement
Prosecution of Claims. 9.2.1 3.3.16.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) insurers under such insurance policies any and all matters which that may give rise to an insurance claim by Developer DB Contractor or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer DB Contractor shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer DB Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 3.3.16.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which that may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder. For any such incidents, potential claims and matters, DB Contractor shall ensure that, to the extent covered by DB Contractor’s policies:
9.2.3 (a) For claims and suits that DB Contractor’s insurer reasonably estimates to be within the limits of its available coverage, DB Contractor or its insurer shall communicate and coordinate the defense strategy with TxDOT and the Texas Office of the Attorney General and shall ensure that the insurer does not agree to any settlement without first obtaining the concurrence of the Texas Office of the Attorney General. TxDOT and the Texas Office of the Attorney General shall not unreasonably withhold consent to the strategy and plan communicated by DB Contractor or its insurer to TxDOT and the Texas Office of the Attorney General. Nor shall TxDOT and the Texas Office of the Attorney General unreasonably withhold consent to settlements and compromises proposed by DB Contractor or its insurers that fall within the limits of insurance provided by such insurers.
(b) For claims and suits that DB Contractor’s insurer reasonably estimates to be in excess of the available insurance provided by DB Contractor’s insurers, and implicating the potential for damages that are the financial liability or responsibility of TxDOT or the State of Texas, DB Contractor shall ensure that the defense of the claim is coordinated by the insurer with TxDOT and the Texas Office of the Attorney General and shall ensure that DB Contractor’s insurer does not agree to any settlement in excess of DB Contractor’s insurer’s limits of liability without first obtaining the concurrence of the Texas Office of the Attorney General.
3.3.16.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement Capital Maintenance Contract or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which that would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract CMC Documents shall be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which that at the time the insurance policy is written meets the rating qualifications set forth in this Section 93.3.
9.2.4 3.3.16.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (ai) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (bii) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten 10 days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 3.3.16.5 All insurance proceeds received by Developer DB Contractor for any insured loss in excess of $10,000,000 under the builder’s risk insurance policies required by this Agreement Capital Maintenance Contract shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this AgreementCapital Maintenance Contract. Any costs under this CMC that are covered by insurance proceeds received by (or on behalf of) DB Contractor shall proportionately reduce any amounts for such costs that would otherwise be owed by TxDOT to DB Contractor under this Capital Maintenance Contract.
Appears in 1 contract
Samples: Capital Maintenance Agreement
Prosecution of Claims. 9.2.1 3.3.16.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) insurers under such insurance policies any and all matters which that may give rise to an insurance claim by Developer DB Contractor or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer DB Contractor shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer DB Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 3.3.16.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which that may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder. For any such incidents, potential claims and matters, DB Contractor shall ensure that, to the extent covered by DB Contractor’s policies:
9.2.3 (a) For claims and suits that DB Contractor’s insurer reasonably estimates to be within the limits of its available coverage, DB Contractor or its insurer shall communicate and coordinate the defense strategy with TxDOT and the Texas Office of the Attorney General and shall ensure that the insurer does not agree to any settlement without first obtaining the concurrence of the Texas Office of the Attorney General. TxDOT and the Texas Office of the Attorney General shall not unreasonably withhold consent to the strategy and plan communicated by DB Contractor or its insurer to TxDOT and the Texas Office of the Attorney General. Nor shall TxDOT and the Texas Office of the Attorney General unreasonably withhold consent to settlements and compromises proposed by DB Contractor or its insurers that fall within the limits of insurance provided by such insurers.
(b) For claims and suits that DB Contractor’s insurer reasonably estimates to be in excess of the available insurance provided by DB Contractor’s insurers, and implicating the potential for damages that are the financial liability or responsibility of TxDOT or the State of Texas, DB Contractor shall ensure that the defense of the claim is coordinated by the insurer with TxDOT and the Texas Office of the Attorney General and shall ensure that DB Contractor’s insurer does not agree to any settlement in excess of DB Contractor’s insurer’s limits of liability without first obtaining the concurrence of the Texas Office of the Attorney General.
3.3.16.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement Capital Maintenance Contract or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which that would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract CMC Documents shall DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8 be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which that at the time the insurance policy is written meets the rating qualifications set forth in this Section 93.3.
9.2.4 3.3.16.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (ai) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (bii) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten 10 days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 3.3.16.5 All insurance proceeds received by Developer DB Contractor for any insured loss in excess of $10,000,000 under the builder’s risk insurance policies required by this Agreement Capital Maintenance Contract shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this AgreementCapital Maintenance Contract. Any costs under this CMC that are covered by insurance proceeds received by (or on behalf of) DB Contractor shall proportionately reduce any amounts for such costs that would otherwise be owed by TxDOT to DB Contractor under this Capital Maintenance Contract.
Appears in 1 contract
Samples: Capital Maintenance Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer shall be responsible for reporting and processing all potential claims by TxDOT or Developer against the insurance policies required hereunder. Xxxxxxxxx agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insurancesuch
9.2.3 If in any instance Developer has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining Developer’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer on account of available insurance, Developer shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer as electing to self-insure where Xxxxxxxxx is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.
9.2.4 If in any instance Developer has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from Developer, within ten days after so notifying Developer, written proof that Developer has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 1 contract
Samples: Development Agreement
Prosecution of Claims. 9.2.1 19.6.4.1 Unless otherwise directed by TxDOT the Authority in writing with respect to TxDOTthe Authority’s insurance claims, Developer shall be responsible for reporting and processing all potential claims by TxDOT the Authority or Developer against the insurance policies Insurance Policies required to be provided by Developer hereunder. Xxxxxxxxx Developer agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party the Authority and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies Insurance Policies and applicable Applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent meansmeans or, in relation to the pursuit of litigation, if there is no reasonable likelihood of success for the litigation. Developer and their insurer(s) shall not, without obtaining the advance written consent from the General Counsel of the Port Authority, raise any defense involving in any way the jurisdiction of a Tribunal over the person of Port Authority, the immunity of Port Authority, its Commissioners, Directors, officers, agents or employees, the governmental nature of Port Authority, or the provisions of any statutes respecting suits against Port Authority.
9.2.2 TxDOT 19.6.4.2 The Authority agrees to promptly notify Developer of TxDOTthe Authority’s incidents, potential claims against TxDOTclaims, and matters which may give rise to an Authority insurance claim against TxDOTclaim, to tender to the insurer TxDOTthe Authority’s defense of the claim under such insuranceInsurance Policies, and to cooperate with Developer as necessary for Developer to fulfill its duties hereunder.
9.2.3 19.6.4.3 If in any instance Developer has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies Insurance Policies or to prosecute claims diligently, then for purposes of determining Developer’s liability and the limits thereon or determining reductions in compensation due from TxDOT the Authority to Developer on account of available insurance, Developer shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer performed such obligations and not committed such failureobligations. Nothing in the Contract Documents this Section 19.6.4 (Prosecution of Claims) or elsewhere in Article 19 (Insurance) shall be construed to treat Developer as electing to self-insure where Xxxxxxxxx Developer is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy Insurance Policy is written meets the rating qualifications set forth in this Section 919.2.1 (Insurers).
9.2.4 19.6.4.4 In the event that an Insurer providing any of the Insurance Policies required by this Agreement becomes the subject of bankruptcy proceedings, becomes insolvent, or is the subject of an order or directive limiting its business activities given by any Governmental Entity, including the New York Department of Financial Services and the New Jersey Department of Banking and Insurance, Developer shall exercise best efforts to promptly and at its own cost and expense secure alternative coverage in compliance with the insurance requirements contained in this Article 19 (Insurance) so as to avoid any lapse in insurance coverage.
19.6.4.5 If in any instance Developer has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Partythe Authority, then TxDOT or the other Indemnified Party Authority may, but is not obligated to: (a) notify Developer in writing of TxDOT’s intent to , report the claim directly with to the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from Developer, within ten days after so notifying Developer, written proof that Developer has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 1 contract
Samples: Project Agreement
Prosecution of Claims. 9.2.1 7.8.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) insurers under such insurance policies any and all matters which that may give rise to an insurance claim by Developer DB Contractor or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer DB Contractor shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer DB Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 7.8.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which that may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder. For any such incidents, claims or matters, DB Contractor shall ensure that, to the extent covered by DB Contractor’s policies:
9.2.3 7.8.2.1 For claims and suits that DB Contractor’s insurer reasonably estimates to be within the limits of its available coverage, DB Contractor or its insurer shall communicate and coordinate the defense strategy with TxDOT and the Texas Office of the Attorney General and shall ensure that the insurer does not agree to any settlement without first obtaining the concurrence of the Texas Office of the Attorney General. TxDOT and the Texas Office of the Attorney General shall not unreasonably withhold consent to the strategy and plan communicated by DB Contractor or its insurer to TxDOT and the Texas Office of the Attorney General. Nor shall TxDOT and the Texas Office of the Attorney General unreasonably withhold consent to settlements and compromises proposed by DB Contractor or its insurers that fall within the limits of insurance provided by such insurers. Texas Department of Transportation - 46 - Execution Version I-635 LBJ East Project Capital Maintenance Agreement
7.8.2.2 For claims and suits that DB Contractor’s insurer reasonably estimates to be in excess of the available insurance provided by DB Contractor’s insurers, and implicating the potential for damages that are the financial liability or responsibility of TxDOT or the State of Texas, DB Contractor shall ensure that the defense of the claim is coordinated by the insurer with TxDOT and the Texas Office of the Attorney General and shall ensure that DB Contractor’s insurer does not agree to any settlement in excess of DB Contractor’s insurer’s limits of liability without first obtaining the concurrence of the Texas Office of the Attorney General.
7.8.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement CMA or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then then, for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-self- insure up to the full amount of insurance coverage which that would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract CMA Documents shall be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which that, at the time the insurance policy is written meets the rating qualifications set forth in this Section 97.
9.2.4 7.8.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: , (a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; claim and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten days 10 Days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 7.8.5 All insurance proceeds received by Developer DB Contractor for any insured loss under the builder’s risk insurance policies required by this Agreement CMA in excess of $10,000,000 shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this AgreementCMA.
Appears in 1 contract
Samples: Capital Maintenance Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer shall be responsible for reporting and processing all potential claims by TxDOT or Developer against the insurance policies required hereunder. Xxxxxxxxx agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insurance
9.2.3 If in any instance Developer has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining Developer’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer on account of available insurance, Developer shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer performed such obligations and not committed such failure. Nothing in the Contract CDA Documents shall be construed to treat Developer as electing to self-insure where Xxxxxxxxx is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.
9.2.4 If in any instance Developer has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from Developer, within ten days after so notifying Developer, written proof that Developer has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer against the insurance policies required hereunder. Xxxxxxxxx agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.and
9.2.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder. DB Contractor shall ensure that, to the extent covered by DB Contractor’s insurance:
(a) For claims and suits which DB Contractor’s insurer reasonably estimates to be within the limits of its available coverage, DB Contractor or its insurer shall communicate and coordinate the defense strategy with TxDOT and the Texas Office of the Attorney General and shall ensure that the insurer does not agree to any settlement without first obtaining the concurrence of the Texas Office of the Attorney General. TxDOT and the Texas Office of the Attorney General shall not unreasonably withhold consent to the strategy and plan communicated by the DB Contractor or its insurer to TxDOT and the Texas Office of the Attorney General. Nor shall TxDOT and the Texas Office of the Attorney General unreasonably withhold consent to settlements and compromises proposed by DB Contractor or its insurers which fall within the limits of insurance provided by such insurers.
(b) For claims or suits which DB Contractor’s insurer reasonably estimates to be in excess of the available insurance provided by DB Contractor’s insurers, and implicating the potential for damages which are the financial liability or responsibility of TxDOT or the State of Texas, DB Contractor shall ensure that the defense of the claim is coordinated by the insurer with TxDOT and the Texas Office of the Attorney General and shall ensure that DB Contractor’s insurer does not agree to any settlement in excess of DB Contractor’s insurer’s limits of liability without first obtaining the concurrence of the Texas Office of the Attorney General.
9.2.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement DBA or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract DBA Documents shall be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.or
9.2.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All builder’s risk and/or property insurance proceeds received by Developer DB Contractor for any insured loss under the insurance policies required by this Agreement DBA shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this AgreementDBA.
Appears in 1 contract
Samples: Design Build Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer DB Contractor or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer DB Contractor shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer DB Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder.
9.2.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement DBA or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining Developer’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer on account of available insurance, Developer shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer as electing to self-insure where Xxxxxxxxx is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.DB Contractor’s
9.2.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer DB Contractor for any insured loss under the insurance policies required by this Agreement DBA shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this AgreementDBA.
Appears in 1 contract
Samples: Design Build Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer against the insurance policies required hereunder. Xxxxxxxxx agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.and
9.2.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder. DB Contractor shall ensure that, to the extent covered by DB Contractor’s insurance:
(a) For claims and suits which DB Contractor’s insurer reasonably estimates to be within the limits of its available coverage, DB Contractor or its insurer shall communicate and coordinate the defense strategy with TxDOT and the Texas Office of the Attorney General and shall ensure that the insurer does not agree to any settlement without first obtaining the concurrence of the Texas Office of the Attorney General. TxDOT and the Texas Office of the Attorney General shall not unreasonably withhold consent to the strategy and plan communicated by the DB Contractor or its insurer to TxDOT and the Texas Office of the Attorney General. Nor shall TxDOT and the Texas Office of the Attorney General unreasonably withhold consent to settlements and compromises proposed by DB Contractor or its insurers which fall within the limits of insurance provided by such insurers.
(b) For claims or suits which DB Contractor’s insurer reasonably estimates to be in excess of the available insurance provided by DB Contractor’s insurers, and implicating the potential for damages which are the financial liability or responsibility of TxDOT or the State of Texas, DB Contractor shall ensure that the defense of the claim is coordinated by the insurer with TxDOT and the Texas Office of the Attorney General and shall ensure that DB Contractor’s insurer does not agree to any settlement in excess of DB Contractor’s insurer’s limits of liability without first obtaining the concurrence of the Texas Office of the Attorney General.
9.2.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement DBA or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract DBA Documents shall be construed to treat Developer as electing to self-insure where Xxxxxxxxx is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.be
9.2.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All builder’s risk and/or property insurance proceeds received by Developer DB Contractor for any insured loss under the insurance policies required by this Agreement DBA shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this AgreementDBA.
Appears in 1 contract
Samples: Design Build Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer DB Contractor or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer DB Contractor shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer DB Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insurancesuch
9.2.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.
9.2.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer DB Contractor for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 1 contract
Samples: Design Build Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer shall be responsible for reporting and processing all potential claims by TxDOT or Developer against the insurance policies required hereunder. Xxxxxxxxx agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.’s
9.2.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder. DB Contractor shall ensure that, to the extent covered by DB Contractor’s policies:
9.2.2.1 For claims and suits which DB Contractor’s insurer reasonably estimates to be within the limits of its available coverage, DB Contractor or its insurer shall communicate and coordinate the defense strategy with TxDOT and the Texas Office of the Attorney General and shall ensure that the insurer does not agree to any Texas Department of Transportation SH 249 Extension Project 81 Request for Proposals Design-Build Agreement September 28, 2016 settlement without first obtaining the concurrence of the Texas Office of the Attorney General. TxDOT and the Texas Office of the Attorney General shall not unreasonably withhold consent to the strategy and plan communicated by the DB Contractor or its insurer to TxDOT and the Texas Office of the Attorney General. Nor shall TxDOT and the Texas Office of the Attorney General unreasonably withhold consent to settlements and compromises proposed by DB Contractor or its insurers which fall within the limits of insurance provided by such insurers.
9.2.2.2 For claims and suits which DB Contractor’s insurer reasonably estimates to be in excess of the available insurance provided by DB Contractor’s insurers, and implicating the potential for damages which are the financial liability or responsibility of TxDOT or the State of Texas, DB Contractor shall ensure that the defense of the claim is coordinated by the insurer with TxDOT and the Texas Office of the Attorney General and shall ensure that the DB Contractor’s insurer does not agree to any settlement in excess of DB Contractor’s insurer’s limits of liability without first obtaining the concurrence of the Texas Office of the Attorney General.
9.2.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.
9.2.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer DB Contractor for any insured loss under the builder’s risk insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 1 contract
Samples: Design Build Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer DB Contractor or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer DB Contractor shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer DB Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder. DB Contractor shall ensure that, to the extent covered by DB Contractor’s insurance:
(a) For claims and suits which DB Contractor’s insurer reasonably estimates to be within the limits of its available coverage, DB Contractor or its insurer shall communicate and coordinate the defense strategy with TxDOT and the Texas Office of the Attorney General and shall ensure that the insurer does not agree to any settlement without first obtaining the concurrence of the Texas Office of the Attorney General. TxDOT and the Texas Office of the Attorney General shall not unreasonably withhold consent to the strategy and plan communicated by the DB Contractor or its insurer to TxDOT and the Texas Office of the Attorney General. Nor shall TxDOT and the Texas Office of the Attorney General unreasonably withhold consent to settlements and compromises proposed by DB Contractor or its insurers which fall within the limits of insurance provided by such insurers.
(b) For claims or suits which DB Contractor’s insurer reasonably estimates to be in excess of the available insurance provided by DB Contractor’s insurers, and implicating the potential for damages which are the financial liability or responsibility of TxDOT or the State of Texas, DB Contractor shall ensure that the defense of the claim is coordinated by the insurer with TxDOT and the Texas Office of the Attorney General and shall ensure that DB Contractor’s insurer does not agree to any settlement in excess of DB Contractor’s insurer’s limits of liability without first obtaining the concurrence of the Texas Office of the Attorney General.
9.2.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement DBA or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract DBA Documents shall be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.
9.2.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All builder’s risk and/or property insurance proceeds received by Developer DB Contractor for any insured loss under the insurance policies required by this Agreement DBA shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this AgreementDBA.
Appears in 1 contract
Samples: Design Build Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer shall be responsible for reporting and processing all potential claims by TxDOT or Developer against the insurance policies required hereunder. Xxxxxxxxx agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with Developer as necessary for Developer to fulfill its duties hereunder.
9.2.3 If in any instance Developer has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining Developer’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer on account of available insurance, Developer shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer as electing to self-insure where Xxxxxxxxx is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.policies
9.2.4 If in any instance Developer has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from Developer, within ten days after so notifying Developer, written proof that Developer has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 1 contract
Samples: Development Agreement
Prosecution of Claims. 9.2.1 7.8.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) insurers under such insurance policies any and all matters which that may give rise to an insurance claim by Developer DB Contractor or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer DB Contractor shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer DB Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 7.8.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which that may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder. For any such incidents, claims or matters, DB Contractor shall ensure that, to the extent covered by DB Contractor’s policies:
9.2.3 7.8.2.1 For claims and suits that DB Contractor’s insurer reasonably estimates to be within the limits of its available coverage, DB Contractor or its insurer shall communicate and coordinate the defense strategy with TxDOT and the Texas Office of the Attorney General and shall ensure that the insurer does not agree to any settlement without first obtaining the concurrence of the Texas Office of the Attorney General. TxDOT and the Texas Office of the Attorney General shall not unreasonably withhold consent to the strategy and plan communicated by DB Contractor or its insurer to TxDOT and the Texas Office of the Attorney General. Nor shall TxDOT and the Texas Office of the Attorney General unreasonably withhold consent to settlements and compromises proposed by DB Contractor or its insurers that fall within the limits of insurance provided by such insurers.
7.8.2.2 For claims and suits that DB Contractor’s insurer reasonably estimates to be in excess of the available insurance provided by DB Contractor’s insurers, and implicating the potential for damages that are the financial liability or responsibility of TxDOT or the State of Texas, DB Contractor shall ensure that the defense of the claim is coordinated by the insurer with TxDOT and the Texas Office of the Attorney General and shall ensure that DB Contractor’s insurer does not agree to any settlement in excess of DB Contractor’s insurer’s limits of liability without first obtaining the concurrence of the Texas Office of the Attorney General.
7.8.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement CMA or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then then, for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-self- insure up to the full amount of insurance coverage which that would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract CMA Documents shall be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which that, at the time the insurance policy is written meets the rating qualifications set forth in this Section 97.
9.2.4 7.8.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: , (a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; claim and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten days 10 Days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 7.8.5 All insurance proceeds received by Developer DB Contractor for any insured loss under the builder’s risk insurance policies required by this Agreement CMA in excess of $10,000,000 shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this AgreementCMA.
Appears in 1 contract
Samples: Capital Maintenance Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer shall be responsible for reporting and processing all potential claims by TxDOT or Developer against the insurance policies required hereunder. Xxxxxxxxx agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with Developer as necessary for Developer to fulfill its duties hereunder.
9.2.3 If in any instance Developer has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining Developer’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer on account of available insurance, Developer shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer as electing to self-insure where Xxxxxxxxx is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.such
9.2.4 If in any instance Developer has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from Developer, within ten days after so notifying Developer, written proof that Developer has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Developer DB Contractor against the insurance policies required hereunder. Xxxxxxxxx DB Contractor agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer DB Contractor or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer DB Contractor shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer DB Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with DB Contractor as necessary for DB Contractor to fulfill its duties hereunder.
9.2.3 If in any instance Developer DB Contractor has not performed its obligations respecting insurance coverage set forth in this Agreement DBC or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining DeveloperDB Contractor’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer DB Contractor on account of available insurance, Developer DB Contractor shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer DB Contractor performed such obligations and not committed such failure. Nothing in the Contract DBC Documents shall be construed to treat Developer DB Contractor as electing to self-insure where Xxxxxxxxx DB Contractor is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.
9.2.4 If in any instance Developer DB Contractor has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: :
(a) notify Developer DB Contractor in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from DeveloperDB Contractor, within ten days after so notifying DeveloperDB Contractor, written proof that Developer DB Contractor has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer DB Contractor if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer DB Contractor for any insured loss under the insurance policies required by this Agreement DBC shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this AgreementDBC.
Appears in 1 contract
Samples: Design Build Contract
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer shall be responsible for reporting and processing all potential claims by TxDOT or Developer against the insurance policies required hereunder. Xxxxxxxxx agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insurance
9.2.3 If in any instance Developer has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining det ermining Developer’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer on account of available insurance, Developer shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer as electing to self-insure self -insure where Xxxxxxxxx is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.
9.2.4 If in any instance Developer has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from Developer, within ten days after so notifying Developer, written proof that Developer has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 1 contract
Samples: Development Agreement
Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer shall be responsible for reporting and processing all potential claims by TxDOT or Developer against the insurance policies required hereunder. Xxxxxxxxx agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insuranceinsurance policies, and to cooperate with Developer as necessary for Developer to fulfill its duties hereunder.
9.2.3 If in any instance Developer has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining Developer’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer on account of available insurance, Developer shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer as electing to self-insure where Xxxxxxxxx is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.
9.2.4 If in any instance Developer has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not obligated to: (a) notify Developer in writing of TxDOT’s intent to report the claim directly with the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from Developer, within ten days after so notifying Developer, written proof that Developer has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 1 contract
Samples: Development Agreement
Prosecution of Claims. 9.2.1 (a) Unless otherwise directed by TxDOT the Department in writing with respect to TxDOTthe Department’s insurance claims, Developer the Development Entity shall be responsible for reporting and processing all potential claims by TxDOT the Department or Developer the Development Entity against the insurance policies Insurance Policies required to be provided by the Development Entity hereunder. Xxxxxxxxx The Development Entity agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer the Development Entity or TxDOT or another Indemnified Party the Department and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer The Development Entity shall enforce all legal rights against the insurer under the applicable insurance policies Insurance Policies and applicable Applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer the Development Entity shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent meansmeans or, in relation to the pursuit of litigation, if there is no reasonable likelihood of success for the litigation. The Development Entity and their insurer(s) shall not, without obtaining the advance written consent from the General Counsel of the Department, raise any defense involving in any way the jurisdiction of a Tribunal over the person of Department, the immunity of Department, its Commissioners, Directors, officers, agents or employees, the governmental nature of Department, or the provisions of any statutes respecting suits against Department.
9.2.2 TxDOT (b) The Department agrees to promptly notify Developer the Development Entity of TxDOTthe Department’s incidents, potential claims against TxDOTclaims, and matters which may give rise to an a Department insurance claim against TxDOTclaim, to tender to the insurer TxDOTthe Department’s defense of the claim under such insuranceInsurance Policies, and to cooperate with the Development Entity as necessary for the Development Entity to fulfill its duties hereunder.
9.2.3 (c) If in any instance Developer the Development Entity has not performed its obligations respecting insurance coverage set forth out in this Agreement PPA or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies Insurance Policies or to prosecute claims diligently, then for purposes of determining Developerthe Development Entity’s liability and the limits thereon or determining reductions in compensation due from TxDOT the Department to Developer the Development Entity on account of available insurance, Developer the Development Entity shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer the Development Entity performed such obligations and not committed such failureobligations. Nothing in the Contract Documents this Section 19.10 (Prosecution of Claims) or elsewhere in Article 19 (Insurance) shall be construed to treat Developer the Development Entity as electing to self-insure where Xxxxxxxxx the Development Entity is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy Insurance Policy is written meets the rating qualifications set forth out in Section 19.2(a) (Insurers).
(d) In the event that an insurer providing any of the Insurance Policies required by this PPA becomes the subject of bankruptcy proceedings, becomes insolvent, or is the subject of an order or directive limiting its business activities given by any Governmental Entity, the Development Entity shall exercise best efforts to promptly and at its own cost and expense secure alternative coverage in compliance with the insurance requirements contained in this Section 9Article 19 (Insurance) so as to avoid any lapse in insurance coverage.
9.2.4 (e) If in any instance Developer the Development Entity has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Partythe Department, then TxDOT or the other Indemnified Party Department may, but is not obligated to: (a) notify Developer in writing of TxDOT’s intent to , report the claim directly with to the insurer and thereafter process the claim; and (b) proceed with reporting and processing the claim if TxDOT or the other Indemnified Party does not receive from Developer, within ten days after so notifying Developer, written proof that Developer has reported the claim directly to the insurer. TxDOT or the other Indemnified Party may dispense with such notice to Developer if TxDOT or the other Indemnified Party has a good faith belief that more rapid reporting is needed to preserve the claim.
9.2.5 All insurance proceeds received by Developer for any insured loss under the insurance policies required by this Agreement shall be paid into a separate insurance proceeds account and shall be held in trust for the purposes of, and to be applied in accordance with, this Agreement.
Appears in 1 contract
Samples: Public Private Transportation Partnership Agreement
