Reduction in Amount of Claim. The amount otherwise due Maintenance Contractor under this Section 14 shall be reduced by: (a) the amount of any claim which TxDOT may have against any Maintenance Contractor-Related Entity in connection with this Capital Maintenance Agreement, (b) the agreed price for, or the proceeds of sale, of property, materials, supplies, equipment or other things acquired by Maintenance Contractor or sold, pursuant to the provisions of this Section 14, and not otherwise recovered by or credited to TxDOT, (c) all unliquidated advance or other payments made to or on behalf of Maintenance Contractor applicable to the terminated portion of the Maintenance Services or Capital Maintenance Agreement, (d) amounts that TxDOT deems advisable, in its sole discretion, to retain to cover any existing or threatened claims, Liens and stop notices relating to the Project, (e) the cost of repairing any Nonconforming Work (or, in TxDOT’s sole discretion, the amount of the credit to which TxDOT is entitled under Section 5.9.2); and (f) any amounts due or payable by Maintenance Contractor to TxDOT.
Appears in 5 contracts
Samples: Capital Maintenance Agreement, Capital Maintenance Agreement, Capital Maintenance Agreement
Reduction in Amount of Claim. The amount otherwise due Maintenance Contractor under this Section 14 15 shall be reduced by: (a) the amount of any claim which TxDOT may have against any Maintenance Contractor-Related Entity in connection with this Capital Maintenance Agreement, (b) the agreed price for, or the proceeds of sale, of property, materials, supplies, equipment or other things acquired by Maintenance Contractor or sold, pursuant to the provisions of this Section 1415, and not otherwise recovered by or credited to TxDOT, (c) all unliquidated advance or other payments made to or on behalf of Maintenance Contractor applicable to the terminated portion of the Maintenance Services or Capital Maintenance Agreement, (d) amounts that TxDOT deems advisable, in its sole discretion, to retain to cover any existing or threatened claims, Liens and stop notices relating to the Project, (e) the cost of repairing any Nonconforming Work (or, in TxDOT’s sole discretion, the amount of the credit to which TxDOT is entitled under Section 5.9.25.12.2); and (f) any amounts due or payable by Maintenance Contractor to TxDOT.
Appears in 1 contract
Samples: Capital Maintenance Agreement
Reduction in Amount of Claim. The amount otherwise due Maintenance Contractor under this Section 14 shall be reduced by: (a) the amount of any claim Claim which TxDOT may have against any Maintenance Contractor-Related Entity in connection with this Capital Maintenance AgreementCMA, (b) the agreed price for, or the proceeds of sale, of property, materials, supplies, equipment or other things acquired by Maintenance Contractor or sold, pursuant to the provisions of this Section 14, and not otherwise recovered by or credited to TxDOT, (c) all unliquidated advance or other payments made to or on behalf of Maintenance Contractor applicable to the terminated portion of the Maintenance Services or Capital Maintenance AgreementCMA, (d) amounts that TxDOT deems advisable, in its sole discretion, to retain to cover any existing or threatened claimsClaims, Liens and stop notices relating to the Project, (e) the cost of repairing any Nonconforming Work (or, in TxDOT’s sole discretion, the amount of the credit to which TxDOT XxXXX is entitled under Section 5.9.2); and (f) any amounts due or payable by Maintenance Contractor to TxDOT.
Appears in 1 contract
Samples: Capital Maintenance Agreement
Reduction in Amount of Claim. The amount otherwise due Maintenance Contractor under this Section 14 shall be reduced by: (a) the amount of any claim which TxDOT may have against any Maintenance Contractor-Related Entity in connection with this Capital Maintenance Agreement, (b) the agreed price for, or the proceeds of sale, of property, materials, supplies, equipment or other things acquired by Maintenance Contractor or sold, pursuant to the provisions of this Section 14, and not otherwise recovered by or credited to TxDOT, (c) all unliquidated advance or other payments made to or on behalf of Maintenance Contractor applicable to the terminated portion of the Maintenance Services or Capital Maintenance Agreement, (d) amounts that TxDOT deems advisable, in its sole discretion, to retain to cover any existing or threatened claims, Liens and stop notices relating to the Project, (e) the cost of repairing any Nonconforming Work (or, in TxDOT’s sole discretion, the amount of the credit to which TxDOT XxXXX is entitled under Section 5.9.2); and (f) any amounts due or payable by Maintenance Contractor to TxDOT.
Appears in 1 contract
Samples: Capital Maintenance Agreement
Reduction in Amount of Claim. The amount otherwise due Maintenance Contractor under this Section 14 shall be reduced by: (a) the amount of any claim which TxDOT may have against any Maintenance Contractor-Related Entity in connection with this Capital Comprehensive Maintenance Agreement, (b) the agreed price for, or the proceeds of sale, of property, materials, supplies, equipment or other things acquired by Maintenance Contractor or sold, pursuant to the provisions of this Section 14, and not otherwise recovered by or credited to TxDOT, (c) all unliquidated advance or other payments made to or on behalf of Maintenance Contractor applicable to the terminated portion of the Maintenance Services or Capital Comprehensive Maintenance Agreement, (d) amounts that TxDOT deems advisable, in its sole discretion, to retain to cover any existing or threatened claims, Liens and stop notices relating to the Project, (e) the cost of repairing any Nonconforming Work (or, in TxDOT’s sole discretion, the amount of the credit to which TxDOT is entitled under Section 5.9.2); and (f) any amounts due or payable by Maintenance Contractor to TxDOT.
Appears in 1 contract
Samples: Comprehensive Maintenance Agreement