Prosecution of Insurance Claims. 7.8.1 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.
Prosecution of Insurance Claims. 7.4.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Maintenance Contractor shall be responsible for reporting and processing all potential claims by TxDOT or Maintenance Contractor against the insurance policies required hereunder. Maintenance 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 Maintenance 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. Maintenance 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 Maintenance Contractor shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
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.
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
