Department Delays Treated as Department Changes Sample Clauses

Department Delays Treated as Department Changes. (i) The Concessionaire may submit to the Department a request for Change Order if the Design Build Contractor incurs a material increase of its construction costs or incurs a material impact to the critical path which delays the Guaranteed Substantial Completion Date due to a material breach or an inexcusable delay by the Department in performing any of its obligations described in Article 7 of this Agreement. For the purposes of this Section, an “inexcusable delay” shall mean a delay that is attributable solely to error or omission of the Department, and an inexcusable delay or a material breach specifically excludes delay or breach attributable to: (a) the submission of incomplete documentation for the Department’s review, (b) required review or approvals from other Governmental Authorities necessary or appropriate to the Department’s review, (c) failure to obtain appropriation and allocation of public funds, (d) consumption of available float, (e) submittals or requests that are "deemed approved" if no response is provided within 21 days, or (f) force majeure events. A response pursuant to Section 7.06(k) shall not be considered “deemed approved”, and shall not be considered an “inexcusable delay” in the event that a delay is attributable to items (a) through (f) above or is not attributable solely to error or omission of the Department. (ii) The Concessionaire shall submit its request for Change Order within 21 days after the occurrence giving rise to the request for adjustment or relief. The request for Change Order shall include sufficient information to advise Department of the circumstances giving rise to the request for adjustment and the basis of such request. (iii) If the Department determines the Concessionaire is entitled to cost relief, the Concessionaire shall be entitled to recover only the direct costs reasonably and necessarily incurred by the Design Build Contractor as a direct result of the Department’s delay. However, under no circumstances will such recoverable costs include home office overhead incurred by the Design Build Contractor’s member companies or financing costs. (iv) The Concessionaire’s request for Change Order may include the price escalation for materials only if the Department’s delay causes the Guaranteed Substantial Completion Date to be delayed by at least one year and such delay is not attributable to the actions or negligence of the Concessionaire, a Concessionaire Party, or the Design Build Contractor. (v) The Dep...
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