Common use of Department Delays Treated as Department Changes Clause in Contracts

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.

Department Delays Treated as Department Changes. (i) The Concessionaire may submit to the Department a request for Change Order if the Design 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 or the NEXT Guaranteed Final Completion Date, as applicable, 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.