Common use of Concessionaire Requests for Deviations from Technical Requirements Clause in Contracts

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. (b) The Concessionaire may request the Department to approve additional Deviations to the Technical Requirements by submitting to the Department a written change request in a form approved by the Department. The change request shall set forth the Concessionaire’s estimate of impacts on costs, Toll Revenues and schedule attributable to the requested Deviation. The Department shall consider, 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 provided in writing by the Department; provided, that the failure of the Department to provide a written notice of approval of such Deviation within 21 days following receipt of the Concessionaire’s request shall be deemed the Department’s approval thereof, but shall not be deemed a waiver of applicable Law or Regulatory Approvals. (c) The Concessionaire shall be solely responsible for payment of any increased costs, for any revenue losses and for any schedule delays or other impacts resulting from the implementation of a Deviation from the Technical Requirements that has been approved, or deemed approved, by the Department. (d) Positive Revenue resulting from any such Department approved additional Deviation in accordance with Section 7.13(b) shall be shared equally between the Concessionaire and the Department, in addition to and without regard to any amounts payable under Article 5, and the Department’s share of such Positive Revenue shall be paid by the Concessionaire to the Department for deposit in the Project Enhancement Account.

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. (b) The Concessionaire may request the Department to approve additional Deviations to the Technical Requirements by submitting to the Department a written change request in a form approved by the Department. The At a minimum, the following information shall be submitted with each such change request: (i) a statement that the request shall set forth is submitted pursuant to this Section; (ii) a statement concerning the Concessionaire’s 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 costs, Toll Revenues Gross Revenues; (iv) proposed specifications and schedule attributable recommendations as to the manner in which the requested Deviationchanges 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 shall considermay 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; provided, that the failure . 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 provide a written notice the terms of approval of such Deviation within 21 days following receipt of the Concessionaire’s request shall be deemed the this Section 8.10(a). The Department’s approval thereof, but decision shall not be deemed a waiver subject to the dispute resolution procedures of applicable Law or Regulatory ApprovalsSection 22.01. (cb) The Concessionaire shall be solely responsible for payment of any increased costs, for any revenue losses of Gross Revenues, and for any schedule delays or other impacts resulting from the implementation of a Deviation from the Technical Requirements that has been approved, or deemed approved, approved by the Department. (d) Positive Revenue resulting from any such Department approved additional Deviation in accordance with Section 7.13(b) shall be shared equally between the Concessionaire and the Department, in addition to and without regard to any amounts payable under Article 5, and the Department’s share of such Positive Revenue shall be paid by the Concessionaire to the Department for deposit in the Project Enhancement Account.

Concessionaire Requests for Deviations from Technical Requirements. (a) The status of Deviations submitted to the Department as of the Agreement Date or the Second Amended and Restated Agreement Date, as applicable, shall be set forth in the Technical Requirements. (b) The Concessionaire may request the Department to approve additional Deviations to the Technical Requirements by submitting to the Department a written change request in a form approved by the Department. The change request shall set forth the Concessionaire’s estimate of impacts on costs, Toll Revenues and schedule attributable to the requested Deviation. The Department shall consider, 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 provided in writing by the Department; provided, that the failure of the Department to provide a written notice of approval of such Deviation within 21 days following receipt of the Concessionaire’s request shall be deemed the Department’s approval thereof, but shall not be deemed a waiver of applicable Law or Regulatory Approvals. (c) The Concessionaire shall be solely responsible for payment of any increased costs, for any revenue losses and for any schedule delays or other impacts resulting from the implementation of a Deviation from the Technical Requirements that has been approved, or deemed approved, by the Department. (d) Positive Revenue resulting from any such Department approved additional Deviation in accordance with Section 7.13(b) shall be shared equally between the Concessionaire and the Department, in addition to and without regard to any amounts payable under Article 5, and the Department’s share of such Positive Revenue shall be paid by the Concessionaire to the Department for deposit in the Project Enhancement Concession Payments Account.