Common use of Grounds for Objection and/or Comment Clause in Contracts

Grounds for Objection and/or Comment. (a) In respect of any Submittal that is not a Discretionary Submittal, the Department may comment on or withhold its approval or consent to that Submittal, but only to the extent that: (i) the portion of the Project Services that is the subject of the Submittal fails to comply with any applicable covenant, condition, requirement, term or provision of the Project Documents; (ii) the portion of the Project Services that is the subject of the relevant Submittal is not to a standard equal to or exceeding Good Industry Practice; or (iii) the Development Entity has not provided all content or information required in respect of the Submittal; provided, that the Development Entity shall have an opportunity to re- submit the Submittal with the required content or information. (b) The Development Entity shall respond to all of the Department’s comments and objections to a Submittal provided in accordance with the terms hereof and, except as provided below, make modifications to the Submittal as necessary to fully reflect and resolve all such comments and objections, in accordance with the review processes set out in this Section 4.3 (Grounds for Objection and/or Comment). The Development Entity acknowledges that the Department may provide comments and objections, which reflect concerns regarding interpretation or its preferences or which otherwise do not directly relate to grounds set out in Section 4.3(a). The Development Entity agrees to use its Reasonable Efforts to accommodate or otherwise resolve any such comments or objections through the review processes described in this Article 4 (Review of Submittals). If the Development Entity does not accommodate or otherwise resolve any comment or objection, the Development Entity shall deliver to the Department within thirty

Grounds for Objection and/or Comment. (a) In respect of any Submittal that is not a Discretionary Submittal, the Department may comment on or withhold its approval or consent to that Submittal, but only to the extent that: (i) the portion of the Project Services Work that is the subject of the Submittal fails to comply with any applicable covenant, condition, requirement, term or provision of the Project Documents; (ii) the portion of the Project Services Work that is the subject of the relevant Submittal is not to a standard equal to or exceeding Good Industry Practice; or (iii) the Development Entity has not provided all content or information required in respect of the Submittal; provided, that the Development Entity shall have an opportunity to re- re-submit the Submittal with the required content or information. (b) The Development Entity shall respond to all of the Department’s comments and objections to a Submittal provided in accordance with the terms hereof and, except as provided below, make modifications to the Submittal as necessary to fully reflect and resolve all such comments and objections, in accordance with the review processes set out in this Section 4.3 (Grounds for Objection and/or Comment). The Development Entity acknowledges that the Department may provide comments and objections, which reflect concerns regarding interpretation or its preferences or which otherwise do not directly relate to grounds set out in Section 4.3(a). The Development Entity agrees to use its Reasonable Efforts to accommodate or otherwise resolve any such comments or objections through the review processes described in this Article 4 (Review of Submittals). If the Development Entity does not accommodate or otherwise resolve any comment or objection, the Development Entity shall deliver to the Department within thirtythirty (30) days after receipt of the Department’s comments or objections, a written explanation as to why modifications based on such comment or objection are not required or why the relevant comment or objection in relation to the Submittal does not relate (directly or indirectly) to any of the grounds set out in Section 4.3(a) (as applicable). The explanation shall include the facts, analyses and reasons that support the conclusion. (c) If the Development Entity fails to notify the Department within such time period, then such failure shall constitute the Development Entity’s agreement to make all changes necessary to accommodate and resolve the comment or objection and full acceptance of all responsibility for such changes at the Development Entity’s risk. (d) If the Department disagrees with the Development Entity’s explanation as to why the modifications are not required or why the relevant comment or objection in relation to the Submittal does not relate (directly or indirectly) to any of the grounds set out in Section 4.3(a) (as applicable) as provided in Section 4.3(b), the Parties shall attempt in good faith to resolve the Dispute. If they are unable to resolve the Dispute, the Dispute shall be resolved according to Article 30 (Dispute Resolution Procedures), provided, however, that the Development Entity shall not be required to implement any comments or objections that do not relate (directly or indirectly) to any of the grounds set out in Section 4.3(a).

Grounds for Objection and/or Comment. (a) In respect of any Submittal that is not a Discretionary Submittal, the Department may comment on or withhold its approval or consent to that Submittal, but only to the extent that: (i) the portion of the Project Services that is the subject of the Submittal fails to comply with any applicable covenant, condition, requirement, term or provision of the Project Documents; (ii) the portion of the Project Services that is the subject of the relevant Submittal is not to a standard equal to or exceeding Good Industry Practice; or (iii) the Development Entity has not provided all content or information required in respect of the Submittal; provided, that the Development Entity shall have an opportunity to re- re-submit the Submittal with the required content or information. (b) The Development Entity shall respond to all of the Department’s comments and objections to a Submittal provided in accordance with the terms hereof and, except as provided below, make modifications to the Submittal as necessary to fully reflect and resolve all such comments and objections, in accordance with the review processes set out in this Section 4.3 (Grounds for Objection and/or Comment). The Development Entity acknowledges that the Department may provide comments and objections, which reflect concerns regarding interpretation or its preferences or which otherwise do not directly relate to grounds set out in Section 4.3(a). The Development Entity agrees to use its Reasonable Efforts to accommodate or otherwise resolve any such comments or objections through the review processes described in this Article 4 (Review of Submittals). If the Development Entity does not accommodate or otherwise resolve any comment or objection, the Development Entity shall deliver to the Department within thirty