TxDOT Step-in Rights Sample Clauses

TxDOT Step-in Rights. Upon the occurrence of a DB Contractor Maintenance Default and expiration, without full and complete cure, of the cure period, if any, available to DB Contractor, and without waiving or releasing DB Contractor from any obligations, TxDOT shall have the right, but not the obligation, for so long as such DB Contractor Maintenance Default remains uncured by TxDOT or DB Contractor, to pay any obligees of DB Contractor and perform all or any portion of DB Contractor's obligations and the Maintenance Services that are the subject of such DB Contractor Maintenance Defaults, as well as any other then-existing breaches or failures to perform for which DB Contractor received prior written notice from TxDOT but has not commenced diligent efforts to cure.
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TxDOT Step-in Rights. Upon the occurrence of a Maintenance Contractor Default and expiration, without full and complete cure, of the cure period, if any, available to Maintenance Contractor, and without waiving or releasing Maintenance Contractor from any obligations, TxDOT shall have the right, but not the obligation, for so long as such Maintenance Contractor Default remains uncured by TxDOT or Maintenance Contractor, to pay any obligees of Maintenance Contractor and perform all or any portion of Maintenance Contractor's obligations and the Maintenance Services that are the subject of such Maintenance Contractor Defaults, as well as any other then-existing breaches or failures to perform for which Maintenance Contractor received prior written notice from TxDOT but has not commenced diligent efforts to cure.
TxDOT Step-in Rights. Upon the occurrence of a Maintenance Contractor Default and expiration, without full and complete cure, of the cure period, if any, available to Maintenance Contractor, and without waiving or releasing Maintenance Contractor from any obligations, TxDOT shall have the right, but not the obligation, for so long as such Maintenance Contractor Default remains uncured by TxDOT or Maintenance Contractor, to pay and perform all or any portion of Maintenance Contractor's obligations and the Maintenance Services that are the subject of such Maintenance Contractor Defaults, as well as any other then-existing breaches or failures to perform for which Maintenance Contractor received prior written notice from TxDOT but has not commenced diligent efforts to cure.
TxDOT Step-in Rights. Upon the occurrence of a DB Contractor Maintenance Default and expiration, without full and complete cure, of the cure period, if any, available to DB Contractor, and without waiving or releasing DB Contractor from any obligations, TxDOT shall have the right, but not the obligation, for so long as such DB Contractor Maintenance Default remains uncured by TxDOT or DB Contractor, to pay any obligees of DB Contractor and perform all or any portion of DB Contractor's obligations and the Maintenance Services that are the subject of such DB Contractor Maintenance Defaults, as well as any other then-existing breaches or failures to perform for which DB Contractor received prior written notice from TxDOT but has not commenced diligent efforts to cure. 12.3.10.1. In connection with such action, TxDOT may, to the extent and only to the extent reasonably required for or incident to curing the DB Contractor Maintenance Default or such other breaches or failures to perform for which DB Contractor received prior written notice from TxDOT but has not commenced and continued diligent efforts to cure: (a) Employ security guards and other safeguards to protect the Project; (b) Spend such sums as are reasonably necessary to employ and pay such architects, engineers, consultants and contractors and obtain materials and equipment as may be required, without obligation or liability to DB Contractor, Subcontractors or any other Persons for loss of opportunity to perform the same Maintenance Services or supply the same materials and equipment; (c) Draw on and use proceeds from letters of credit, or make a claim against payment and performance bonds, guarantees and other performance security and use the proceeds to the extent available under the terms thereof to pay such sums; (d) Execute all applications, certificates and other documents as may be required; (e) Make decisions respecting, assume control over and continue the Maintenance Services as may be reasonably required; (f) Meet with, coordinate with, direct and instruct Subcontractors and Suppliers, process invoices and applications for payment from contractors and Suppliers, pay Subcontractors and Suppliers, and resolve claims of Subcontractors and Suppliers, and for this purpose DB Contractor irrevocably appoints TxDOT as its attorney-in- fact will full power and authority to act for and bind DB Contractor in its place and stead; (g) Take any and all other actions as may be reasonably required or incident to curing; and (...

Related to TxDOT Step-in Rights

  • Step-In Rights If the Contractor is in material breach of its obligation to perform any of the services under the Contract and fails to remedy such breach within ten (10) days after written notice of the breach from the Department, the Department, at its sole discretion, shall have the right to “step-in” (i.e. perform the work itself) or hire another contractor to perform these services. Contractor shall be liable to the Department for any fees or expenses that the Department may incur in exercising its step-in rights or securing a substitute provider to assume completion of those services.

  • March-in Rights The Performer agrees that, with respect to any subject invention in which it has retained title, DARPA has the right to require the Performer, an assignee, or exclusive licensee of a subject invention to grant a non-exclusive license to a responsible applicant or applicants, upon terms that are reasonable under the circumstances, and if the Performer, assignee, or exclusive licensee refuses such a request, DARPA has the right to grant such a license itself if DARPA determines that:

  • MEMBER’S RIGHTS Each Member shall have the following right:

  • Individual Rights Nothing contained herein shall be construed as limiting the right of any employee having a complaint to discuss the matter through administrative channels and to have the problem adjusted without the intervention of the Association, as long as the Association is notified in writing of the disposition of the matter and such disposition is not inconsistent with the terms of this Agreement.

  • CSEA Rights CSEA shall have the following rights in addition to the rights contained in any other portion of this Agreement.

  • Third Party Interests Each party to this Indenture (in this paragraph referred to as a “representing party”) hereby represents to the Trustee that any account to be opened by, or interest to be held by, the Trustee in connection with this Indenture, for or to the credit of such representing party, either (i) is not intended to be used by or on behalf of any third party; or (ii) is intended to be used by or on behalf of a third party, in which case such representing party hereby agrees to complete, execute and deliver forthwith to the Trustee a declaration, in the Trustee’s prescribed form or in such other form as may be satisfactory to it, as to the particulars of such third party.

  • Recall Rights 12.1 The parties agree that Local boards will increase the length of time contained in their local collective agreements providing rights to recall by an additional two (2) years.

  • SET-OFF RIGHTS The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller.

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