Reduction in Amount of Claim Clause Samples

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.

Reduction in Amount of Claim. The amount otherwise due Contractor under this Article 27 shall be reduced by (a) the amount of any valid Claim which Owner may have against Contractor in connection with this Contract and (b) the agreed price for, or the proceeds of sale of, Equipment and Materials, supplies or other things previously paid for by Owner and to be retained by Contractor or sold by Contractor (with the proceeds being retained by Contractor), pursuant to the provisions of this Article 27.

Reduction in Amount of Claim. The amount otherwise due DB Contractor under this Section 15 shall be reduced by: (a) the amount of any claim which TxDOT may have against any DB Contractor-Related Entity in connection with this DBA, (b) the agreed price for, or the proceeds of sale, of property, materials, supplies, equipment or other things acquired by DB Contractor or sold, pursuant to the provisions of this Section 15, and not otherwise recovered by or credited to TxDOT, (c) all unliquidated advance or other payments made to or on behalf of DB Contractor applicable to the terminated portion of the Work or DBA, (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, including claims by Utility Owners, (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 5.6.2); and (f) any amounts due or payable by DB Contractor to TxDOT.

Reduction in Amount of Claim. The amount otherwise due Maintenance Contractor by reason of a full or partial Termination for Convenience shall be reduced by: (a) the amount of any claim which TxDOT may have against any Maintenance Contractor-Related Entity in connection with this 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 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,

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 Comprehensive Maintenance Agreement,

Reduction in Amount of Claim. The amount otherwise due Design-Builder under this Article 8 shall be reduced by: (a) the amount of any valid claim which the County may have against Design-Builder in connection with this Agreement; and

Reduction in Amount of Claim. The amount due to Design-Builder under this Article 14 will be reduced by: (a) all unliquidated advance or other payments made by VPRA to or on behalf of Design- Builder applicable to the terminated portion of the Agreement; (b) the amount of any claim that VPRA may have against any Design-Builder-Related Entity in connection with the Agreement; (c) the agreed price for, or the proceeds of the sale of, any property, Materials, supplies or other things acquired by Design-Builder or sold, pursuant to the provisions of this Article 14, and not otherwise recovered by or credited to VPRA; (d) amounts that VPRA deems advisable, in its discretion, to retain to cover any existing or threatened claims relating to the Project, including claims by Utility Owners or claims for which Design-Builder may be liable under Article 17; (e) the cost of repairing any Nonconforming Work; (f) the diminished value of Nonconforming Work; (g) the additional future costs that VPRA may incur as a result of Nonconforming Work; and (h) any amounts due or payable by Design-Builder to VPRA.

Reduction in Amount of Claim. The amount otherwise due DB Contractor by reason of a full or partial Termination for Convenience shall be reduced by (a) the amount of any claim that TxDOT may have against any DB Contractor-Related Entity in connection with this CMA, (b) the agreed price for, or the proceeds of sale, of property, materials, supplies, equipment or other things acquired by DB 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 DB Contractor applicable to the terminated portion of the Maintenance Services or Capital Maintenance Agreement,

Reduction in Amount of Claim. The amount otherwise due TSP under this Section 15 shall be reduced by (a) the amount of any claim which the Joint Board may have against any TSP-Related Entity in connection with this Contract, (b) all unliquidated advance or other payments made to or on behalf of TSP applicable to the terminated portion of the Work or Contract,