Common use of Unincorporated Materials Clause in Contracts

Unincorporated Materials. TxDOT will not pay for materials not yet incorporated in the Work unless all of the following conditions are met: 12.3.3.1. Material shall be: (a) delivered to the Site, (b) delivered to DB Contractor and promptly stored by DB Contractor in bonded storage at a location approved by TxDOT in its sole discretion, or (c) stored at a Supplier’s fabrication site, which must be a bonded commercial location approved by TxDOT, in its sole discretion. DB Contractor shall submit certified bills for such materials with the Draw Request, as a condition to payment for such materials. TxDOT shall allow only such portion of the amount represented by these bills as, in its sole opinion, is consistent with the reasonable cost of such materials. If such materials are stored at any site not approved by TxDOT, DB Contractor shall accept responsibility for and pay all personal and property taxes that may be levied against TxDOT by any state or subdivision thereof on account of such storage of such material. 12.3.3.2. All such materials that meet the requirements of the Contract Documents shall be and become the property of TxDOT. DB Contractor at its own cost shall promptly execute, acknowledge and deliver to TxDOT proper bills of sale or other instruments in writing in a form acceptable to TxDOT conveying and assuring to TxDOT title to such material included in any Draw Request, free and clear of all Liens. DB Contractor, at its own cost, shall conspicuously xxxx such material as the property of TxDOT, shall not permit such materials to become commingled with non-TxDOT-owned property or with materials that do not conform with the Contract Documents, and shall take such other steps, if any, as TxDOT may require or regard as necessary to vest title to such material in TxDOT free and clear of Liens. 12.3.3.3. The cost and charges for material included in a Draw Request but which is subsequently lost, damaged or unsatisfactory may be deducted from succeeding Draw Requests if TxDOT, in its sole discretion, determines that is appropriate after considering the availability of insurance coverage and DB Contractor’s actions to replace the lost, damaged or unsatisfactory items. 12.3.3.4. Payment for material furnished and delivered as indicated in this Section 12.3.3 will not exceed the amount paid by DB Contractor as evidenced by a xxxx of sale supported by paid invoice.

Unincorporated Materials. TxDOT will not pay for materials not yet incorporated in the Work unless all of the following conditions are met: 12.3.3.1. Material shall be: (a) delivered to the Site, (b) delivered to DB Contractor and promptly stored by DB Contractor in bonded storage at a location approved by TxDOT in its sole discretion, or (c) stored at a Supplier’s fabrication site, which must be a bonded commercial location approved by TxDOT, in its sole discretion. DB Contractor shall submit certified bills for such materials with the Draw Request, as a condition to payment for such materials. TxDOT shall allow only such portion of the amount represented by these bills as, in its sole opinion, is consistent with the reasonable cost of such materials. If such materials are stored at any site not approved by TxDOT, DB Contractor shall accept responsibility for and pay all personal and property taxes that may be levied against TxDOT by any state or subdivision thereof on account of such storage of such material. 12.3.3.2. All such materials that meet the requirements of the Contract Documents shall be and become the property of TxDOT. DB Contractor at its own cost shall promptly execute, acknowledge and deliver to TxDOT proper bills of sale or other instruments in writing in a form acceptable to TxDOT conveying and assuring to TxDOT title to such material included in any Draw Request, free and clear of all Liens. DB Contractor, at its own cost, shall conspicuously xxxx mark such material as the property of TxDOT, shall not permit such materials to become commingled with non-TxDOT-owned property or with materials that do not conform with the Contract Documents, and shall take such other steps, if any, as TxDOT may require or regard as necessary to vest title to such material in TxDOT free and clear of Liens. 12.3.3.3. The cost and charges for material included in a Draw Request but which is subsequently lost, damaged or unsatisfactory may be deducted from succeeding Draw Requests if TxDOT, in its sole discretion, determines that is appropriate after considering the availability of insurance coverage and DB Contractor’s actions to replace the lost, damaged or unsatisfactory items. 12.3.3.4. Payment for material furnished and delivered as indicated in this Section 12.3.3 will not exceed the amount paid by DB Contractor as evidenced by a xxxx bill of sale supported by paid invoice.

Unincorporated Materials. TxDOT will not pay for materials not yet incorporated in the Work unless all of the following conditions are met: 12.3.3.1. 12.3.3.1 Material shall be: (a) delivered to the Site, (b) delivered to DB Contractor Developer and promptly stored by DB Contractor Developer in bonded storage at a location approved by TxDOT in its sole discretion, or (c) stored at a Supplier’s fabrication site, which must be a bonded commercial location approved by TxDOT, in its sole discretion. DB Contractor Developer shall submit certified bills for such materials with the Draw Request, as a condition to payment for such materials. TxDOT shall allow only such portion of the amount represented by these bills as, in its sole opinion, is consistent with the reasonable cost of such materials. If such materials are stored at any site not approved by TxDOT, DB Contractor Developer shall accept responsibility for and pay all personal and property taxes that may be levied against TxDOT by any state or subdivision thereof on account of such storage of such material. 12.3.3.2. 12.3.3.2 All such materials that meet the requirements of the Contract CDA Documents shall be and become the property of TxDOT. DB Contractor Developer at its own cost shall promptly execute, acknowledge and deliver to TxDOT proper bills of sale or other instruments in writing in a form acceptable to TxDOT conveying and assuring to TxDOT title to such material included in any Draw Request, free and clear of all Liens. DB ContractorDeveloper, at its own cost, shall conspicuously xxxx mark such material as the property of TxDOT, shall not permit such materials to become commingled with non-TxDOT-owned property or with materials that do not conform with the Contract CDA Documents, and shall take such other steps, if any, as TxDOT may require or regard as necessary to vest title to such material in TxDOT free and clear of Liens. 12.3.3.3. 12.3.3.3 The cost and charges for material included in a Draw Request but which is subsequently lost, damaged or unsatisfactory may be deducted from succeeding Draw Requests if TxDOT, in its sole discretion, determines that is appropriate after considering the availability of insurance coverage and DB ContractorDeveloper’s actions to replace the lost, damaged or unsatisfactory items. 12.3.3.4. 12.3.3.4 Payment for material furnished and delivered as indicated in this Section 12.3.3 will not exceed the amount paid by DB Contractor Developer as evidenced by a xxxx bill of sale supported by paid invoice.

Unincorporated Materials. TxDOT will not pay for materials not yet incorporated in the Work unless all of the following conditions are met: 12.3.3.1. 12.3.3.1 Material shall be: (a) delivered to the Site, ; (b) delivered to DB Contractor Developer and promptly stored by DB Contractor Developer in bonded storage at a location approved by TxDOT in its sole discretion, ; or (c) stored at a Supplier’s fabrication site, which must be a bonded commercial location approved by TxDOT, in its sole discretion. DB Contractor Developer shall submit certified bills for such materials with the Draw Request, as a condition to payment for such materials. TxDOT shall allow only such portion of the amount represented by these bills as, in its sole opinion, is consistent with the reasonable cost of such materials. If such materials are stored at any site not approved by TxDOT, DB Contractor Developer shall accept responsibility for and pay all personal and property taxes that may be levied against TxDOT by any state or subdivision thereof on account of such storage of such material. 12.3.3.2. 12.3.3.2 All such materials that meet the requirements of the Contract Documents shall be and become the property of TxDOT. DB Contractor Developer at its own cost shall promptly execute, acknowledge and deliver to TxDOT proper bills of sale or other instruments in writing in a form acceptable to TxDOT conveying and assuring to TxDOT title to such material included in any Draw Request, free and clear of all Liens. DB ContractorDeveloper, at its own cost, shall conspicuously xxxx mark such material as the property of TxDOT, shall not permit such materials to become commingled with non-TxDOT-owned property or with materials that do not conform with the Contract Documents, and shall take such other steps, if any, as TxDOT may require or regard as necessary to vest title to such material in TxDOT free and clear of Liens. 12.3.3.3. 12.3.3.3 The cost and charges for material included in a Draw Request but which is subsequently lost, damaged or unsatisfactory may be deducted from succeeding Draw Requests if TxDOT, in its sole discretion, determines that is appropriate after considering the availability of insurance coverage and DB ContractorDeveloper’s actions to replace the lost, damaged or unsatisfactory items. 12.3.3.4. 12.3.3.4 Payment for material furnished and delivered as indicated in this Section 12.3.3 will not exceed the amount paid by DB Contractor Developer as evidenced by a xxxx bill of sale supported by paid invoice.

Unincorporated Materials. TxDOT will not pay for materials not yet incorporated in the Work other than precast concrete, reinforcing steel, structural steel, precast concrete members, stone, gravel, sand or other non-perishable materials that will be permanently incorporated in the Work unless all of the following conditions are met: 12.3.3.1. 12.3.3.1 Material shall be: be (a1) delivered to the applicable Project Site, (b2) delivered to DB Contractor Integrator and promptly stored by DB Contractor Integrator in bonded storage at a location approved by TxDOT in its sole discretion, or (c3) stored at a Supplier’s fabrication site, which must be a bonded commercial location approved by TxDOT, in its sole discretion. DB Contractor Integrator shall submit certified bills for such materials with the Draw Requestinvoice, as a condition to payment for such materials. TxDOT shall allow only such portion of the amount represented by these bills as, in its sole opinion, is consistent with the reasonable cost of such materials. If such materials are stored at any site not approved by TxDOT, DB Contractor Integrator shall accept responsibility for and pay all personal and property taxes that may be levied against TxDOT by any state or subdivision thereof on account of such storage of such material. 12.3.3.2. 12.3.3.2 All such materials that meet the requirements of the Contract Documents so accepted shall be and become the property of TxDOT. DB Contractor Integrator at its own cost shall promptly execute, acknowledge and deliver to TxDOT proper bills of sale or other instruments in writing in a form acceptable to TxDOT conveying and assuring to TxDOT title to such material included in any Draw Requestinvoice, free and clear of all Liens. DB ContractorIntegrator, at its own cost, shall conspicuously xxxx mark such material as the property of TxDOT, shall not permit such materials to become commingled with non-TxDOT-owned property or with materials that do not conform with the Contract Documents, and shall take such other steps, if any, as TxDOT may require or regard as necessary to vest title to such material in TxDOT free and clear of Liens. 12.3.3.3. 12.3.3.3 The cost and charges for material included in a Draw Request an invoice but which is subsequently lost, damaged or unsatisfactory may be deducted from succeeding Draw Requests invoices if TxDOT, in its sole discretion, determines that is appropriate after considering the availability of insurance coverage and DB ContractorIntegrator’s actions to replace the lost, damaged or unsatisfactory items. 12.3.3.4. 12.3.3.4 Payment for material furnished and delivered as indicated in this Section 12.3.3 will not exceed the amount paid by DB Contractor Integrator as evidenced by a xxxx bill of sale supported by paid invoice. TxDOT shall withhold Retainage from such payment as specified in Section 12.3.1.

Unincorporated Materials. TxDOT will not pay for materials not yet incorporated in the Work unless all of the following conditions are met: 12.3.3.1. Material shall be: (a) delivered to the Site, (b) delivered to DB Contractor and promptly stored by DB Contractor in bonded storage at a location approved by TxDOT in its sole discretion, or (c) stored at a Supplier’s fabrication site, which must be a bonded commercial location approved by TxDOT, in its sole discretion. DB Contractor shall submit certified bills for such materials with the Draw Request, as a condition to payment for such materials. TxDOT shall allow only such portion of the amount represented by these bills as, in its sole opinion, is consistent with the reasonable cost of such materials. If such materials are stored at any site not approved by TxDOT, DB Contractor shall accept responsibility for and pay all personal and property taxes that may be levied against TxDOT by any state or subdivision thereof on account of such storage of such material. 12.3.3.2. All such materials that meet the requirements of the Contract Documents shall be and become the property of TxDOT. DB Contractor at its own cost shall promptly execute, acknowledge and deliver to TxDOT proper bills of sale or other instruments in writing in a form acceptable to TxDOT conveying and assuring to TxDOT Texas Department of Transportation RFP Addendum 12 Horseshoe Project 86 Design-Build Agreement August 29,September 17, 2012 title to such material included in any Draw Request, free and clear of all Liens. DB Contractor, at its own cost, shall conspicuously xxxx mark such material as the property of TxDOT, shall not permit such materials to become commingled with non-TxDOT-owned property or with materials that do not conform with the Contract Documents, and shall take such other steps, if any, as TxDOT may require or regard as necessary to vest title to such material in TxDOT free and clear of Liens. 12.3.3.3. The cost and charges for material included in a Draw Request but which is subsequently lost, damaged or unsatisfactory may be deducted from succeeding Draw Requests if TxDOT, in its sole discretion, determines that is appropriate after considering the availability of insurance coverage and DB Contractor’s actions to replace the lost, damaged or unsatisfactory items. 12.3.3.4. Payment for material furnished and delivered as indicated in this Section 12.3.3 will not exceed the amount paid by DB Contractor as evidenced by a xxxx bill of sale supported by paid invoice.

Unincorporated Materials. TxDOT will not pay for materials not yet incorporated in the Work unless all of the following conditions are met: 12.3.3.1. Material shall be: (a) delivered to the Site, (b) delivered to DB Contractor and promptly stored by DB Contractor in bonded storage at a location approved by TxDOT in its sole discretion, or (c) stored at a Supplier’s fabrication site, which must be a bonded commercial location approved by TxDOT, in its sole discretion. DB Contractor shall submit certified bills for such materials with the Draw Request, as a condition to payment for such materials. TxDOT shall allow only such portion of the amount represented by these bills as, in its sole opinion, is consistent with the reasonable cost of such materials. If such materials are stored at any site not approved by TxDOT, DB Contractor shall accept responsibility for and pay all personal and property taxes that may be levied against TxDOT by any state or subdivision thereof on account of such storage of such material. 12.3.3.2. All such materials that meet the requirements of the Contract Documents shall be and become the property of TxDOT. DB Contractor at its own cost shall promptly execute, acknowledge and deliver to TxDOT proper bills of sale or other instruments in writing in a form acceptable to TxDOT conveying and assuring to TxDOT Texas Department of Transportation RFP Addendum 23 Horseshoe Project 86 Design-Build Agreement September 17,20, 2012 title to such material included in any Draw Request, free and clear of all Liens. DB Contractor, at its own cost, shall conspicuously xxxx mark such material as the property of TxDOT, shall not permit such materials to become commingled with non-TxDOT-owned property or with materials that do not conform with the Contract Documents, and shall take such other steps, if any, as TxDOT may require or regard as necessary to vest title to such material in TxDOT free and clear of Liens. 12.3.3.3. The cost and charges for material included in a Draw Request but which is subsequently lost, damaged or unsatisfactory may be deducted from succeeding Draw Requests if TxDOT, in its sole discretion, determines that is appropriate after considering the availability of insurance coverage and DB Contractor’s actions to replace the lost, damaged or unsatisfactory items. 12.3.3.4. Payment for material furnished and delivered as indicated in this Section 12.3.3 will not exceed the amount paid by DB Contractor as evidenced by a xxxx bill of sale supported by paid invoice.

Unincorporated Materials. TxDOT will not pay for materials not yet incorporated in the Work unless all of the following conditions are met: 12.3.3.1. 12.3.3.1 Material shall be: (a) delivered to the Site, (b) delivered to DB Contractor Developer and promptly stored by DB Contractor Developer in bonded storage at a location approved by TxDOT in its sole discretion, or (c) stored at a Supplier’s fabrication site, which must be a bonded commercial location approved by TxDOT, in its sole discretion. DB Contractor Developer shall submit certified bills for such materials with the Draw Request, as a condition to payment for such materials. TxDOT shall allow only such portion of the amount represented by these bills as, in its sole opinion, is consistent with the reasonable cost of such materials. If such materials are stored at any site not approved by TxDOT, DB Contractor Developer shall accept responsibility for and pay all personal and property taxes that may be levied against TxDOT by any state or subdivision thereof on account of such storage of such material. 12.3.3.2. 12.3.3.2 All such materials that meet the requirements of the Contract Documents shall be and become the property of TxDOT. DB Contractor Developer at its own cost shall promptly execute, acknowledge and deliver to TxDOT proper bills of sale or other instruments in writing in a form acceptable to TxDOT conveying and assuring to TxDOT title to such material included in any Draw Request, free and clear of all Liens. DB ContractorDeveloper, at its own cost, shall conspicuously xxxx mark such material as the property of TxDOT, shall not permit such materials to become commingled with non-TxDOT-owned property or with materials that do not conform with the Contract Documents, and shall take such other steps, if any, as TxDOT may require or regard as necessary to vest title to such material in TxDOT free and clear of Liens. 12.3.3.3. 12.3.3.3 The cost and charges for material included in a Draw Request but which is subsequently lost, damaged or unsatisfactory may be deducted from succeeding Draw Requests if TxDOT, in its sole discretion, determines that is appropriate after considering the availability of insurance coverage and DB Contractor’s actions to replace the lost, damaged or unsatisfactory items. 12.3.3.4. Payment for material furnished and delivered as indicated in this Section 12.3.3 will not exceed the amount paid by DB Contractor as evidenced by a xxxx of sale supported by paid invoice.Draw

Unincorporated Materials. TxDOT will not pay for materials not yet incorporated in the Work unless all of the following conditions are met: 12.3.3.112.3.2.1. Material shall be: (a) delivered to the Site, (b) delivered to DB Contractor and promptly stored by DB Contractor in bonded storage at a location approved by TxDOT in its sole discretion, or (c) stored at a Supplier’s fabrication site, which must be a bonded commercial location approved by TxDOT, in its sole discretion. DB Contractor shall submit certified bills for such materials with the Draw Request, as a condition to payment for such materials. TxDOT shall allow only such portion of the amount represented by these bills as, in its sole opinion, is consistent with the reasonable cost of such materials. If such materials are stored at any site not approved by TxDOT, DB Contractor shall accept responsibility for and pay all personal and property taxes that may be levied against TxDOT by any state or subdivision thereof on account of such storage of such material. 12.3.3.212.3.2.2. All such materials that meet the requirements of the Contract DBA Documents shall be and become the property of TxDOT. DB Contractor at its own cost shall promptly execute, acknowledge and deliver to TxDOT proper bills of sale or other instruments in writing in a form acceptable to TxDOT conveying and assuring to TxDOT title to such material included in any Draw Request, free and clear of all Liens. DB Contractor, at its own cost, shall conspicuously xxxx such material as the property of TxDOT, shall not permit such materials to become commingled with non-TxDOT-owned property or with materials that do not conform with the Contract Documents, and shall take such other steps, if any, as TxDOT may require or regard as necessary to vest title to such material in TxDOT free and clear of Liens. 12.3.3.312.3.2.3. The cost and charges for material included in a Draw Request but which is subsequently lost, damaged or unsatisfactory may be deducted from succeeding Draw Requests if TxDOT, in its sole discretion, determines that is appropriate after considering the availability of insurance coverage and DB Contractor’s actions to replace the lost, damaged or unsatisfactory items. 12.3.3.412.3.2.4. Payment for material furnished and delivered as indicated in this Section 12.3.3 12.3.2 will not exceed the amount paid by DB Contractor as evidenced by a xxxx bill of sale supported by paid invoice.Texas Department of Transportation RFP SH 71 Toll Lanes Project March 5, 2014 47 Design-Build Agreement

Unincorporated Materials. TxDOT will not pay for materials not yet incorporated in the Work unless all of the following conditions are met: 12.3.3.1. 12.3.3.1 Material shall be: (a) delivered to the Site, (b) delivered to DB Contractor Developer and promptly stored by DB Contractor Developer in bonded storage at a location approved by TxDOT in its sole discretion, or (c) stored at a Supplier’s fabrication site, which must be a bonded commercial location approved by TxDOT, in its sole discretion. DB Contractor Developer shall submit certified bills for such materials with the Draw Request, as a condition to payment for such materials. TxDOT shall allow only such portion of the amount represented by these bills as, in its sole opinion, is consistent with the reasonable cost of such materials. If such materials are stored at any site not approved by TxDOT, DB Contractor Developer shall accept responsibility for and pay all personal and property taxes that may be levied against TxDOT by any state or subdivision thereof on account of such storage of such material. 12.3.3.2. 12.3.3.2 All such materials that meet the requirements of the Contract CDA Documents shall be and become the property of TxDOT. DB Contractor Developer at its own cost shall promptly execute, acknowledge and deliver to TxDOT proper bills of sale or other instruments in writing in a form acceptable to TxDOT conveying and assuring to TxDOT title to such material included in any Draw Request, free and clear of all Liens. DB ContractorDeveloper, at its own cost, shall conspicuously xxxx such material as the property of TxDOT, shall not permit such materials to become commingled with non-TxDOT-owned property or with materials that do not conform with the Contract CDA Documents, and shall take such other steps, if any, as TxDOT may require or regard as necessary to vest title to such material in TxDOT free and clear of Liens. 12.3.3.3. 12.3.3.3 The cost and charges for material included in a Draw Request but which is subsequently lost, damaged or unsatisfactory may be deducted from succeeding Draw Requests if TxDOT, in its sole discretion, determines that is appropriate after considering the availability of insurance coverage and DB ContractorDeveloper’s actions to replace the lost, damaged or unsatisfactory items. 12.3.3.4. 12.3.3.4 Payment for material furnished and delivered as indicated in this Section 12.3.3 will not exceed the amount paid by DB Contractor Developer as evidenced by a xxxx of sale supported by paid invoice.

Unincorporated Materials. TxDOT will not pay for materials not yet incorporated in the Work unless all of the following conditions are met: 12.3.3.112.3.2.1. Material shall be: (a) delivered to the Site, (b) delivered to DB Contractor and promptly stored by DB Contractor in bonded storage at a location approved by TxDOT in its sole discretion, or (c) stored at a Supplier’s fabrication site, which must be a bonded commercial location approved by TxDOT, in its sole discretion. DB Contractor shall submit certified bills for such materials with the Draw Request, as a condition to payment for such materials. TxDOT shall allow only such portion of the amount represented by these bills as, in its sole opinion, is consistent with the reasonable cost of such materials. If such materials are stored at any site not approved by TxDOT, DB Contractor shall accept responsibility for and pay all personal and property taxes that may be levied against TxDOT by any state or subdivision thereof on account of such storage of such material. 12.3.3.212.3.2.2. All such materials that meet the requirements of the Contract DBA Documents shall be and become the property of TxDOT. DB Contractor at its own cost shall promptly execute, acknowledge and deliver to TxDOT proper bills of sale or other instruments in writing in a form acceptable to TxDOT conveying and assuring to TxDOT title to such material included in any Draw Request, free and clear of all Liens. DB Contractor, at its own cost, shall conspicuously xxxx such material as the property of TxDOT, shall not permit such materials to become commingled with non-TxDOT-owned property or with materials that do not conform with the Contract Documents, and shall take such other steps, if any, as TxDOT may require or regard as necessary to vest title to such material in TxDOT free and clear of Liens., 12.3.3.312.3.2.3. The cost and charges for material included in a Draw Request but which is subsequently lost, damaged or unsatisfactory may be deducted from succeeding Draw Requests if TxDOT, in its sole discretion, determines that is appropriate after considering the availability of insurance coverage and DB Contractor’s actions to replace the lost, damaged or unsatisfactory items. 12.3.3.412.3.2.4. Payment for material furnished and delivered as indicated in this Section 12.3.3 12.3.2 will not exceed the amount paid by DB Contractor as evidenced by a xxxx bill of sale supported by paid invoice.

Unincorporated Materials. TxDOT will not pay for materials not yet incorporated in the Work unless all of the following conditions are met: 12.3.3.112.3.2.1. Material shall be: (a) delivered to the Site, (b) delivered to DB Contractor and promptly stored by DB Contractor in bonded storage at a location approved by TxDOT in its sole discretion, or (c) stored at a Supplier’s fabrication site, which must be a bonded commercial location approved by TxDOT, in its sole discretion. DB Contractor shall submit certified bills for such materials with the Draw Request, as a condition to payment for such materials. TxDOT shall allow only such portion of the amount represented by these bills as, in its sole opinion, is consistent with the reasonable cost of such materials. If such materials are stored at any site not approved by TxDOT, DB Contractor shall accept responsibility for and pay all personal and property taxes that may be levied against TxDOT by any state or subdivision thereof on account of such storage of such material. 12.3.3.212.3.2.2. All such materials that meet the requirements of the Contract DBC Documents shall be and become the property of TxDOT. DB Contractor at its own cost shall promptly execute, acknowledge and deliver to TxDOT proper bills of sale or other instruments in writing in a form acceptable to TxDOT conveying and assuring to TxDOT title to such material included in any Draw Request, free and clear of all Liens. DB Contractor, at its own cost, shall conspicuously xxxx such material as the property of TxDOT, shall not permit such materials to become commingled with non-TxDOT-owned property or with materials that do not conform with the Contract Documents, and shall take such other steps, if any, as TxDOT may require or regard as necessary to vest title to such material in TxDOT free and clear of Liens. 12.3.3.312.3.2.3. The cost and charges for material included in a Draw Request but which is subsequently lost, damaged or unsatisfactory may be deducted from succeeding Draw Requests if TxDOT, in its sole discretion, determines that is appropriate after considering the availability of insurance coverage and DB Contractor’s actions to replace the lost, damaged or unsatisfactory items. 12.3.3.412.3.2.4. Payment for material furnished and delivered as indicated in this Section 12.3.3 12.3.2 will not exceed the amount paid by DB Contractor as evidenced by a xxxx bill of sale supported by paid invoice.