Concessionaire Requests for Deviations from Technical Requirements Sample Clauses

Concessionaire Requests for Deviations from Technical Requirements. (a) The status of Deviations submitted to the Department as of the Agreement Date shall be set forth in the Technical Requirements.
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Concessionaire Requests for Deviations from Technical Requirements. (a) The Concessionaire may request the Department to approve Deviations by submitting to the Department a written change request in a form approved by the Department. At a minimum, the following information shall be submitted with each such change request: (i) a statement that the request is submitted pursuant to this Section; (ii) a statement concerning the basis for the request, benefits to the Department and an itemization of the contract items and requirements affected by the request; (iii) a detailed estimate of the time and/or cost savings and impacts on Gross Revenues; (iv) proposed specifications and recommendations as to the manner in which the requested changes are to be accomplished; and (v) the time by which the request must be approved so as to obtain the maximum cost-effectiveness. The Department may consider and approve or disapprove, in its sole discretion, any such request, and the Concessionaire shall bear the burden of persuading the Department that the Deviation sought constitutes sound and safe engineering consistent with Good Industry Practice and achieves the Department’s applicable safety standards and criteria. No Deviation shall exist or be effective unless and until approval thereof is expressly provided in writing by the Department. Approval of a submission containing a Deviation shall not constitute approval of the Deviation unless and until the Department expressly and specifically approves the Deviation in writing pursuant to the terms of this Section 8.10(a). The Department’s decision shall not be subject to the dispute resolution procedures of Section 22.01.
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Related to Concessionaire Requests for Deviations from Technical Requirements

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