Prosecution of Insurance Claims. 3.4.16.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, DB Contractor shall be responsible for reporting and processing all potential claims by TxDOT or DB Contractor against the insurance policies required hereunder. DB Contractor agrees to report timely to the insurer(s) under such insurance policies any and all matters that may give rise to an insurance claim by 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. 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 DB Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
3.4.16.2 TxDOT agrees to promptly notify DB Contractor of TxDOT’s incidents, potential claims against TxDOT, and matters that 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 policies:
(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 i...
Prosecution of Insurance Claims. 39 7.5 Insurance and Commencement of Maintenance Services ................. 40 7.6 TxDOT’s Right to Remedy Breach by Maintenance Contractor Regarding Insurance ........................................................ 40 7.7 Disclaimer Regarding Insurance ........................................................ 41 7.8 Premiums ........................................................................................... 41 Texas Department of Transportation Execution Version Horseshoe Project iii Capital Maintenance Agreement
Prosecution of Insurance Claims. Tenant may, at its expense, prosecute any such claim or contest any such settlement in the name of Landlord, Tenant or both, and Landlord will join therein at Tenant’s written request upon the receipt by Landlord of an indemnity from Tenant against all costs, liabilities and expenses in connection therewith.
