Common use of Department Approvals Clause in Contracts

Department Approvals. ‌ (a) This Section 10.05 sets forth procedures governing certain submittals or requests by the Developer (or the Design-Build Contractor or the O&M Contractor) to the Department (including, but not limited to, plans, schedules, designs, Design Documentation and Construction Documentation) which require an approval, review, comment, consent, notification, determination, decision or other response (collectively, a “Response”) from the Department pursuant to this Agreement. All submittals or requests to the Department will be made in the form required by, and otherwise in conformity with, the requirements set forth in the Technical Requirements. (b) Except as otherwise set forth herein, any submittal, resubmittal or request to the Department will be deemed complete at 5:30 p.m. Eastern time on the seventh Day following its receipt by the Department unless, the Department notifies the Developer in writing prior to 5:30‌ p.m. Eastern time on such seventh Day that such submittal, resubmittal or request is incomplete according to the standards set forth in the Technical Requirements and sets forth in reasonable detail the incomplete elements of the submittal, resubmittal or request. (c) In any case in which a submittal or request is or has been deemed to be complete under Section 10.05(b), the Department will review and respond to such submittal or request as promptly as reasonably possible, and no later than 14 Days after the date on which the Developer (or the Design-Build Contractor or the O&M Contractor) has delivered such submittal or request to the Department. The Department will respond within such 14-Day period by (i) approving, certifying or taking other appropriate action with respect to, the submittal or request, as applicable or (ii) disapproving such submittal or request and providing written notice to the Developer specifying in reasonable detail the reasons for which it has disapproved the submittal or request. If the Department objects or disapproves any submittal or request in accordance with clause (ii) of the preceding sentence, the Developer will resubmit the submittal or request as promptly as reasonably possible, and the Department will resume its review and respond to such submittal or request by approving or disapproving the submittal or request (provided that such submittal or request is complete or has been deemed to be complete under Section 10.05(b)) within eight Days following its receipt of a resubmittal or request. The Department’s review of a resubmittal or request will be limited to the issue, condition or deficiency which gave rise to the Department’s disapproval and will not extend to other aspects for which a notice of disapproval was not previously provided to the Developer unless the issue, condition or deficiency which gave rise to the Department’s disapproval reasonably relates to the Department’s disapproval for which notice was previously provided.‌ (d) The time periods specified in Section 10.05(c) will be extended for the duration of a Force Majeure Event that prevents the Department or the Developer, as applicable, from performing under this Section 10.05. (e) Unless otherwise agreed by the parties, the Developer is entitled to resolve any disapproval by the Department of a resubmittal in accordance with the dispute resolution procedures set forth in Article 21. If the Department reasonably believes that all or a portion of a resubmittal fails to comply with this Agreement, the Department may, in accordance with this Agreement, direct the Developer to perform the Work in accordance with the Department’s instructions. In such event, the Developer will diligently proceed with the Work in accordance with such directive, and may (i) dispute the Department’s directive in accordance with this Agreement and (ii) if it chooses, proceed with the dispute resolution procedures set forth in Article 21. If it is finally determined in accordance with such dispute resolution procedures that the Developer’s submittal or resubmittal complied with this Agreement, the Work required under the Department’s directive will be treated as a Department Change. (f) In all cases where Responses are required to be provided hereunder, such Responses will not be withheld or delayed unreasonably and such determinations will be made reasonably except in cases where a different standard is specified. In cases where sole discretion is specified with respect to a Response by the Department, the Response will not be subject to the dispute resolution procedures set forth in Article 21. The Department will provide within ten days after a request by the Developer its rationale, in reasonable detail, for any disapproval or deemed disapproval of any matter. (g) Subject to Section 10.04, if the Developer must submit a submittal or request to the Department for review and Response more than twice due to the Developer’s failure to comply with the requirements of this Agreement, the Developer will pay the Department for the Department’s Allocable Costs incurred thereafter in reviewing any portions of such submittal or request.‌

Department Approvals. ‌ (a) This Section 10.05 sets forth procedures governing certain submittals or requests by the Developer (or the Design-Build Contractor or the O&M Contractor) to the Department (including, but not limited to, plans, schedules, designs, Design Documentation and Construction Documentation) which require an approval, review, comment, consent, notification, determination, decision or other response (collectively, a “Response”) from the Department pursuant to this Agreement. All submittals or requests to the Department will be made in the form required by, and otherwise in conformity with, the requirements set forth in the Technical Requirements. (b) Except as otherwise set forth herein, any submittal, resubmittal or request to the Department will be deemed complete at 5:30 p.m. Eastern time on the seventh Day following its receipt by the Department unless, the Department notifies the Developer in writing prior to 5:30‌ p.m. Eastern time on such seventh Day that such submittal, resubmittal or request is incomplete according to the standards set forth in the Technical Requirements and sets forth in reasonable detail the incomplete elements of the submittal, resubmittal or request.5:30‌ (c) In any case in which a submittal or request is or has been deemed to be complete under Section 10.05(b), the Department will review and respond to such submittal or request as promptly as reasonably possible, and no later than 14 Days after the date on which the Developer (or the Design-Build Contractor or the O&M Contractor) has delivered such submittal or request to the Department. The Department will respond within such 14-Day period by (i) approving, certifying or taking other appropriate action with respect to, the submittal or request, as applicable or (ii) disapproving such submittal or request and providing written notice to the Developer specifying in reasonable detail the reasons for which it has disapproved the submittal or request. If the Department objects or disapproves any submittal or request in accordance with clause (ii) of the preceding sentence, the Developer will resubmit the submittal or request as promptly as reasonably possible, and the Department will resume its review and respond to such submittal or request by approving or disapproving the submittal or request (provided that such submittal or request is complete or has been deemed to be complete under Section 10.05(b)) within eight Days following its receipt of a resubmittal or request. The Department’s review of a resubmittal or request will be limited to the issue, condition or deficiency which gave rise to the Department’s disapproval and will not extend to other aspects for which a notice of disapproval was not previously provided to the Developer unless the issue, condition or deficiency which gave rise to the Department’s disapproval reasonably relates to the Department’s disapproval for which notice was previously provided.‌ (d) The time periods specified in Section 10.05(c) will be extended for the duration of a Force Majeure Event that prevents the Department or the Developer, as applicable, from performing under this Section 10.05. (e) Unless otherwise agreed by the parties, the Developer is entitled to resolve any disapproval by the Department of a resubmittal in accordance with the dispute resolution procedures set forth in Article 21. If the Department reasonably believes that all or a portion of a resubmittal fails to comply with this Agreement, the Department may, in accordance with this Agreement, direct the Developer to perform the Work in accordance with the Department’s instructions. In such event, the Developer will diligently proceed with the Work in accordance with such directive, and may (i) dispute the Department’s directive in accordance with this Agreement and (ii) if it chooses, proceed with the dispute resolution procedures set forth in Article 21. If it is finally determined in accordance with such dispute resolution procedures that the Developer’s submittal or resubmittal complied with this Agreement, the Work required under the Department’s directive will be treated as a Department Change. (f) In all cases where Responses are required to be provided hereunder, such Responses will not be withheld or delayed unreasonably and such determinations will be made reasonably except in cases where a different standard is specified. In cases where sole discretion is specified with respect to a Response by the Department, the Response will not be subject to the dispute resolution procedures set forth in Article 21. The Department will provide within ten days after a request by the Developer its rationale, in reasonable detail, for any disapproval or deemed disapproval of any matter. (g) Subject to Section 10.04, if the Developer must submit a submittal or request to the Department for review and Response more than twice due to the Developer’s failure to comply with the requirements of this Agreement, the Developer will pay the Department for the Department’s Allocable Costs incurred thereafter in reviewing any portions of such submittal or request.‌

Department Approvals. ‌ (a) This Section 10.05 sets forth procedures governing certain submittals or requests by the Developer (or the Design-Build Contractor or the O&M Contractor) to the Department (including, but not limited to, plans, schedules, designs, Design Documentation and Construction Documentation) which require an approval, review, comment, consent, notification, determination, decision or other response (collectively, a “Response”) from the Department pursuant to this Agreement. All submittals or requests to the Department will be made in the form required by, and otherwise in conformity with, the requirements set forth in the Technical Requirements. (b) Except as otherwise set forth herein, any submittal, resubmittal or request to the Department will be deemed complete at 5:30 p.m. Eastern time on the seventh Day following its receipt by the Department unless, the Department notifies the Developer in writing prior to 5:30‌ p.m. Eastern time on such seventh Day that such submittal, resubmittal or request is incomplete according to the standards set forth in the Technical Requirements and sets forth in reasonable detail the incomplete elements of the submittal, resubmittal or request. (c) In any case in which a submittal or request is or has been deemed to be complete under Section 10.05(b), the Department will review and respond to such submittal or request as promptly as reasonably possible, and no later than 14 Days after the date on which the Developer (or the Design-Build Contractor or the O&M Contractor) has delivered such submittal or request to the Department. The Department will respond within such 14-Day period by (i) approving, certifying or taking other appropriate action with respect to, the submittal or request, as applicable or (ii) disapproving such submittal or request and providing written notice to the Developer specifying in reasonable detail the reasons for which it has disapproved the submittal or request. If the Department objects or disapproves any submittal or request in accordance with clause (ii) of the preceding sentence, the Developer will resubmit the submittal or request as promptly as reasonably possible, and the Department will resume its review and respond to such submittal or request by approving or disapproving the submittal or request (provided that such submittal or request is complete or has been deemed to be complete under Section 10.05(b)) within eight Days following its receipt of a resubmittal or request. The Department’s review of a resubmittal or request will be limited to the issue, condition or deficiency which gave rise to the Department’s disapproval and will not extend to other aspects for which a notice of disapproval was not previously provided to the Developer unless the issue, condition or deficiency which which‌ gave rise to the Department’s disapproval reasonably relates to the Department’s disapproval for which notice was previously provided.‌provided. (d) The time periods specified in Section 10.05(c) will be extended for the duration of a Force Majeure Event that prevents the Department or the Developer, as applicable, from performing under this Section 10.05. (e) Unless otherwise agreed by the parties, the Developer is entitled to resolve any disapproval by the Department of a resubmittal in accordance with the dispute resolution procedures set forth in Article 21. If the Department reasonably believes that all or a portion of a resubmittal fails to comply with this Agreement, the Department may, in accordance with this Agreement, direct the Developer to perform the Work in accordance with the Department’s instructions. In such event, the Developer will diligently proceed with the Work in accordance with such directive, and may (i) dispute the Department’s directive in accordance with this Agreement and (ii) if it chooses, proceed with the dispute resolution procedures set forth in Article 21. If it is finally determined in accordance with such dispute resolution procedures that the Developer’s submittal or resubmittal complied with this Agreement, the Work required under the Department’s directive will be treated as a Department Change. (f) In all cases where Responses are required to be provided hereunder, such Responses will not be withheld or delayed unreasonably and such determinations will be made reasonably except in cases where a different standard is specified. In cases where sole discretion is specified with respect to a Response by the Department, the Response will not be subject to the dispute resolution procedures set forth in Article 21. The Department will provide within ten days after a request by the Developer its rationale, in reasonable detail, for any disapproval or deemed disapproval of any matter. (g) Subject to Section 10.04, if the Developer must submit a submittal or request to the Department for review and Response more than twice due to the Developer’s failure to comply with the requirements of this Agreement, the Developer will pay the Department for the Department’s Allocable Costs incurred thereafter in reviewing any portions of such submittal or request.‌