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.

Deviations. DB Contractor 12.3.1 Developer may apply to the Owner for TxDOT approval of Deviations from any deviation from, or noncompliance with, the Maintenance Specification regarding Maintenance Services. Where DB Contractor requests a Deviation as part requirements of the submittal of a component plan of the Maintenance Management Plan, DB Contractor Technical Requirements in Work performed (other than any Required Design Exception/Deviation) (“Deviation”) in accordance with this Section 12.3.1. All such applications shall specifically identify and label the Deviationbe in writing. TxDOT The Owner shall consider in its discretionconsider, but shall have no obligation to approve, any such application, and DB Contractor Developer shall bear the burden of persuading TxDOT the Owner that the Deviation sought constitutes sound and safe practices consistent with Good Industry Practice and achieves or substantially achieves TxDOTthe Owner’s applicable Safety Standards and criteria. No Deviation shall be deemed approved or be effective unless and until stated approved by the Owner in a writing in its sole discretion, signed by TxDOTthe Owner’s Authorized Representative. TxDOT’s affirmative If the Owner does not issue written approval of a component plan Deviation within fourteen (14) days after Developer applies therefor in writing, the Owner shall be deemed to have disapproved the Deviation. Concurrently with the disapproval of a Deviation or at Developer’s request, the Owner shall provide the reasons for the disapproval thereof. To the extent that an approved Deviation results in diminution of value of the Maintenance Management Plan completed Work or reduction in Design and Construction Costs or costs of the O&M Services, the Owner shall constitute be entitled to 100% of the amount of such diminution in value or reduction in costs which shall be paid by Developer to the Owner by way of reduction of payments otherwise payable by the Owner to Developer under this Agreement. 12.3.2 During the Project Construction Period, Developer may submit to the Owner requests for Required Design Exceptions/Deviations in accordance with the terms of this Section 12.3.2. 12.3.2.1 Developer shall make any request for a Required Design Exception/Deviation in writing, identifying the relevant provisions of the Manuals and Guidelines and including a detailed explanation and supporting analyses (including the estimated cost and schedule impacts) that demonstrate that: (a) the requested change, deviation, modification, alteration or exception falls within the definition of Required Design Exception/Deviation; and (b) granting such Required Design Exception/Deviation would not result in any of the circumstances described in Section 12.3.2.2.2(a), (b) or (c). 12.3.2.2 Within seven (7) days following the Owner’s receipt from Developer of a request in compliance with Section 12.3.2.1, the Owner shall provide to Developer a written response to the request. The Owner shall approve the request, unless: 1. The requested change, deviation, modification, alteration or exception is not a Required Design Exception/Deviation; or 2. The requested change, deviation, modification, alteration or exception is a Required Design Exception/Deviation but granting such design exception/deviation (a) would pose an increased danger or threat to the health or safety of any User, (b) is inconsistent with the Contract Documents (other than the Manuals and Guidelines) or any portion thereof; (c) would unduly interfere with (i) approval current Airport operations and associated rights of the Deviations expressly identified and labeled as Deviations thereinway, unless TxDOT takes exception to any such Deviationor Adjacent Projects, and or (ii) disapproval future Airport operations and associated rights of any Deviations way, as contemplated in the then current DEN Airport Master Plan or DEN Capital Improvement Program; or (d) would not expressly identified result in performance, quality, and labeled as Deviations therein. TxDOT’s lack utility of issuance the end product that is equal to or better than the performance, quality, and utility of a written Deviation within 14 days after DB Contractor applies therefor the end product that would result from full compliance with the Manuals and Guidelines, in writing shall be deemed a disapproval of which case the Owner may deny such application. TxDOT’s denial or disapproval of a requested Deviation shall be final and not subject to request, setting forth the dispute resolution procedures under Section 16. TxDOT may elect to process the application as a Request reason for Change Order under Section 10 rather than as an application for a Deviationsuch denial.