Common use of Prosecution of Claims Clause in Contracts

Prosecution of Claims. Unless otherwise directed by TxDOT in writing, Developer shall be responsible for reporting and processing all potential claims by TxDOT or Developer against the insurance required to be provided under this Section 16. Xxxxxxxxx agrees to report timely to the insurer(s) any and all matters which may give rise to an insurance claim and to promptly and diligently pursue any and all insurance claims on behalf of TxDOT, whether for defense or indemnity or both. TxDOT agrees to promptly notify Developer of TxDOT’s incidents, potential claims, and matters which may give rise to an insurance claim by TxDOT, to tender its defense or the claim to Developer, and to cooperate with Developer as necessary for Developer to fulfill its duties hereunder.