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.
Appears in 3 contracts
Sources: Design Build Agreement, Design Build Agreement, Design Build Agreement
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 DBADBC, (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 DBADBC, (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.
Appears in 2 contracts
Sources: Design Build Contract, Design Build Contract
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 DBADBC, (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 DBADBC, (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.
Appears in 1 contract
Sources: Design Build Contract