Changes Requested by Developer a. In accordance with the Authority Procurement Policy, any change to the Contract Documents or the Approved Drawings and Specifications with respect to the Developer’s Phase 1A Infrastructure Improvements shall be subject to Authority’s prior written approval, except for changes or change orders that result in none of the following (as determined in Authority’s reasonable discretion): (i) any additional payment by Authority in excess of the contingency set forth in the Developer’s Phase 1A Infrastructure Improvements Budget; (ii) any additional maintenance or overhead costs to the Authority; (iii) any material delay to the date on which Completion of the Developer’s Phase 1A Infrastructure Improvements occurs; (iv) any material modifications to the design or construction of the Developer’s Phase 1A Infrastructure Improvements nor (v) any adverse effect with respect to the Developer’s Phase 1A Infrastructure Improvements’ compliance with Law. Authority shall provide written approval or a reasonable basis for denial of such changes (a “Change Order Response”) within ten (10) Business Days after Authority receives written notice thereof from Developer. If Authority does not provide a Change Order Response within such ten (10) Business Day period, then Developer may provide written notice thereof to Authority. If Authority does not provide a Change Order Response within two (2) additional Business Days after receipt of such notice from Developer, then Developer shall be entitled to an Expedited Review Process as described below. Without limitation of the foregoing, Authority shall consider reasonably and in good faith any change to the Contract Documents or the Approved Drawings and Specifications with respect to the Developer’s Phase 1A Infrastructure Improvements that is proposed by Developer to address conditions affecting the Project Site that are unknown to Developer as of the Effective Date.
