BWS Consent Required Clause Samples

BWS Consent Required. The DBOM Contractor acknowledges the BWS’s material interest in each provision of the Design and Construction Requirements, and agrees that, subject to Section 7.3 (Other Changes to the Design-Build Work and Design and Construction Requirements), no material change to the Design and Construction Requirements shall be made except with the consent of the BWS, which may be withheld or conditioned in its discretion after a good faith review is made of such proposed change based on the factors specified in subsection (B) (Notice and Information as to Proposed Change) of this Section; provided, however, that the BWS will provide a written explanation in reasonable detail to the DBOM Contractor as to its reasoning for declining to make any such change. Any change accepted by the BWS, together with all related approved terms and conditions, will be set forth in a Change Order issued in accordance with Section 16.1 (Change Procedures).