Common use of Deviations Clause in Contracts

Deviations. DB Contractor may apply for TxDOT approval of Deviations from the Maintenance Specification regarding Maintenance Services. Where DB Contractor requests a Deviation as part of the submittal of a component plan of the Maintenance Management Plan, DB Contractor shall specifically identify and label the Deviation. TxDOT shall consider in its discretion, but have no obligation to approve, any such application, and DB Contractor shall bear the burden of persuading TxDOT that the Deviation sought constitutes sound and safe practices consistent with Good Industry Practice and achieves or substantially achieves TxDOT’s applicable Safety Standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated in a writing signed by TxDOT’s Authorized Representative. TxDOT’s affirmative written approval of a component plan of the Maintenance Management Plan shall constitute (i) approval of the Deviations expressly identified and labeled as Deviations therein, unless TxDOT takes exception to any such Deviation, and (ii) disapproval of any Deviations not expressly identified and labeled as Deviations therein. TxDOT’s lack of issuance of a written Deviation within 14 days after DB Contractor applies therefor in writing shall be deemed a disapproval of such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to the dispute resolution procedures under Section 16. TxDOT may elect to process the application as a Request for Change Order under Section 10 rather than as an application for a Deviation.