Developer’s Determination Clause Samples
The Developer’s Determination clause grants the developer the authority to make certain decisions or resolve specific issues that arise during the course of a project. Typically, this clause outlines the scope of matters the developer can decide on, such as design changes, material substitutions, or interpretations of project specifications. By centralizing decision-making power, the clause streamlines project management and helps prevent delays caused by disputes or indecision, ensuring the project progresses efficiently.
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.