Developer’s Determination Sample Clauses

Developer’s Determination. Developer’s determination shall be final except: (a) Base Case Financial Model Updates pursuant to Section 4.3.1(b) require the mutual approval of the Parties; and (b) TxDOT may dispute a Base Case Financial Model Update pursuant to Section 4.3.1(a) within 90 days after receiving notice of such update from Developer, in which case the Dispute shall be resolved in accordance with the Dispute Resolution Procedures and the disputed update shall not become effective until resolution of the Dispute.
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Related to Developer’s Determination

  • Independence from Material Breach Determination Except as set forth in Section X.E.1.d, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that UHS has materially breached this CIA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.E, below.

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