No TxDOT Liability Sample Clauses
The "No TxDOT Liability" clause serves to explicitly state that the Texas Department of Transportation (TxDOT) is not responsible for any damages, losses, or claims arising from the agreement or related activities. In practice, this means that if a contractor, vendor, or third party experiences financial loss, injury, or property damage in connection with the project, TxDOT cannot be held legally or financially accountable. This clause is essential for protecting TxDOT from potential lawsuits or claims, thereby allocating risk away from the agency and ensuring that liability remains with the appropriate parties involved in the contract.
No TxDOT Liability. 4.2.1 TxDOT shall have no obligation to pay debt service on any debt issued or incurred in connection with the Facility or this Agreement. TxDOT shall have no obligation to join in, execute or guarantee any note or other evidence of indebtedness incurred in connection with the Facility or this Agreement, any other Funding Agreement or any Security Document.
4.2.2 None of the State, TxDOT, the Texas Transportation Commission or any other agency, instrumentality or political subdivision of the State, and no board member, director, officer, employee, agent or representative of any of them, has any liability whatsoever for payment of the principal sum of any Facility Debt, any other obligations issued or incurred by any Person described in Section 4.3.2 in connection with this Agreement, the Lease or the Facility, or any interest accrued thereon or any other sum secured by or accruing under any Funding Agreement or Security Document. Except for a violation by TxDOT of its express obligations to Lenders set forth in Article 20 and except as set forth in Section 3.5.2, no Lender is entitled to seek any damages or other amounts from TxDOT, whether for Facility Debt or any other amount. TxDOT’s review of any Funding Agreements or Security Documents or other Facility financing documents is not a guarantee or endorsement of the Facility Debt, any other obligations issued or incurred by any Person described in Section 4.3.2 in connection with this Agreement, the Lease or the Facility, or any traffic and revenue study, and is not a representation, warranty or other assurance as to the ability of any such Person to perform its obligations with respect to the Facility Debt or any other obligations issued or incurred by such Person in connection with this Agreement, the Lease or the Facility, or as to the adequacy of the Toll Revenues to provide for payment of the Facility Debt or any other obligations issued or incurred by such Person in connection with this Agreement, the Lease or the Facility. For the avoidance of doubt, the foregoing does not affect TxDOT’s liability to Developer under Article 19 and Exhibit 20 for Termination Compensation that is measured in whole or in part by outstanding Facility Debt.
4.2.3 TxDOT shall not have any obligation to any Lender pursuant to this Agreement, except, if the Collateral Agent has notified TxDOT of the existence of its Security Documents, for the express obligations to Lenders set forth in Article 20 and Section 3.5.2 or in ...
No TxDOT Liability. 4.2.1 TxDOT shall have no obligation to pay debt service on any debt issued or incurred in connection with the Project or this Agreement. TxDOT shall have no obligation to join in, execute or guarantee any note or other evidence of indebtedness incurred in connection with the Project or this Agreement, any other Funding Agreement or any Security Document.
4.2.2 None of the State, TxDOT, the Texas Transportation Commission or any other agency, instrumentality or political subdivision of the State, and no board member, director, officer, employee, agent or representative of any of them, has any liability whatsoever for payment of the principal sum of any Project Debt, any other obligations issued or incurred by
4.2.3 TxDOT shall not have any obligation to any Lender pursuant to this Agreement, except, if the Collateral Agent has notified TxDOT of the existence of its Security Documents, for the express obligations to Lenders set forth in Article 20 and Section 3.7.2 or in any direct lender agreement pursuant to Section 20.9.4. The foregoing does not preclude Lender enforcement of this Agreement against TxDOT where the Lender has succeeded to the rights, title and interests of Developer under the CDA Documents, whether by way of assignment or subrogation.
No TxDOT Liability. The decision to issue or not to issue a Notice to Commence Design-Build Procurement or a NTP GP shall be made by TxDOT in its sole discretion. The failure by TxDOT to issue a Notice to Commence Design-Build Procurement or a NTP GP shall not be a TxDOT Default, shall not be treated as a Compensation Event or Relief Event, and shall not otherwise entitle Developer to any Claim against TxDOT for compensation or any other relief.
No TxDOT Liability. 4.2.1 TxDOT shall have no obligation to pay or fund debt service on any debt issued or incurred in connection with the Facility or this Agreement. TxDOT shall have no obligation to join in, execute or guarantee any note or other evidence of indebtedness incurred in connection with the Facility or this Agreement, any other Funding Agreement or any Security Document.
4.2.2 None of the State, TxDOT (except as otherwise set forth in Section 4.2.4), the Texas Transportation Commission or any other agency, instrumentality or political subdivision of the State, and no board member, director, officer, employee, agent or representative of any