Common use of Prosecution of Claims Clause in Contracts

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.

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.