Common use of Developer Requests for Deviations Clause in Contracts

Developer Requests for Deviations. ‌ (a) The Developer may request the Department to approve, in the Department’s sole discretion, Deviations by submitting to the Department a written change request in a form approved by the Department. At a minimum, the following information will be submitted with each such change request:‌ (i) a statement that the request is submitted pursuant to this Section 14.03(a); (ii) a statement concerning the basis for the request, benefits to the Department or the Project 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. (b) The Department may consider and approve or disapprove, in its sole discretion, any such request, and the Developer will 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 will exist or be effective unless and until approval thereof is expressly provided in writing by the Department. Approval of a submission containing a Deviation will 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 14.03(b). The Department’s decision will not be subject to the dispute resolution procedures of Article 21. If not previously communicated, the Department will provide within 10 Days after a request by the Developer its rationale, in reasonable detail, for any disapproval of a Deviation proposed by the Developer.‌ (c) Unless otherwise agreed, the Developer will be solely responsible for payment of any increased costs, for any losses of Gross Revenues, for all Allocable Costs and for any schedule delays or other impacts resulting from the implementation of a Deviation requested by the Developer that has been approved by the Department.

Developer Requests for Deviations. ‌ (a) The Developer may request the Department to approve, in the Department’s sole discretion, Deviations by submitting to the Department a written change request in a form approved by the Department. At a minimum, the following information will be submitted with each such change request:‌request: (i) a statement that the request is submitted pursuant to this Section 14.03(a); (ii) a statement concerning the basis for the request, benefits to the Department or the Project 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. (b) The Department may consider and approve or disapprove, in its sole discretion, any such request, and the Developer will 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 will exist or be effective unless and until approval thereof is expressly provided in writing by the Department. Approval of a submission containing a Deviation will 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 14.03(b). The Department’s decision will not be subject to the dispute resolution procedures of Article 21. If not previously communicated, the Department will provide within 10 Days after a request by the Developer its rationale, in reasonable detail, for any disapproval of a Deviation proposed by the Developer.‌Developer. (c) Unless otherwise agreed, the Developer will be solely responsible for payment of any increased costs, for any losses of Gross Revenues, for all Allocable Costs and for any schedule delays or other impacts resulting from the implementation of a Deviation requested by the Developer that has been approved by the Department.