Common use of IFA Discretionary Approvals Clause in Contracts

IFA Discretionary Approvals. ‌ If the Submittal or other approval, consent, determination, acceptance, decision or other action or matter is one where the PPA Documents indicate approval, consent, determination, acceptance, decision or other action is required from IFA in its sole discretion or good faith discretion, then IFA’s lack of approval, consent, determination, acceptance, decision or other action within the applicable time period under Section 3.1.2 shall be deemed disapproval. If the approval, consent, determination, acceptance, decision or other action is subject to the sole discretion of IFA, then its approval, consent, determination, decision or other action (including a failure to act which constitutes a disapproval) shall be final, binding and not subject to dispute resolution, and such approval, consent, determination, acceptance, decision or other action shall not constitute an IFA-Caused Delay, IFA Change, Relief Event or other basis for any Claim. If the approval, consent, determination, acceptance, decision or other action (including a failure to act which constitutes a disapproval) is subject to the good faith discretion of IFA, then its approval, consent, determination, acceptance, decision or other action shall be binding, unless it is finally determined through the Dispute Resolution Procedures by clear and convincing evidence that such approval, consent, determination, acceptance, decision or other action (including a failure to act which constitutes a disapproval) or matter was arbitrary or capricious, and if determined to be arbitrary and capricious through such Dispute Resolution Procedures and causes delay, it will constitute and be treated as an IFA-Caused Delay.‌

IFA Discretionary Approvals. ‌ If the Submittal or other approval, consent, determination, acceptance, decision or other action or matter is one where for which the PPA Documents indicate approval, consent, determination, acceptance, decision or other action is required from IFA in its sole discretion or good faith discretion, then IFA’s lack of approval, consent, determination, acceptance, decision or other action within the applicable time period under Section 3.1.2 3.2.2 shall be deemed disapproval. If the approval, consent, determination, acceptance, decision or other action is subject to the sole discretion of IFA, then its approval, consent, determination, decision or other action (including a failure to act which constitutes a disapproval) shall be final, binding binding, and not subject to dispute resolution, and such approval, consent, determination, acceptance, decision or other action shall not constitute an IFA-Caused Delay, IFA Change, Relief Event IFA-Directed Change or other basis for any Claim. If the approval, consent, determination, acceptance, decision or other action (including a failure to act which constitutes a disapproval) is subject to the good faith discretion of IFA, then its approval, consent, determination, acceptance, decision or other action shall be binding, unless it is finally determined through the Dispute Resolution Procedures by clear and convincing evidence that such approval, consent, determination, acceptance, decision or other action (including a failure to act which constitutes a disapproval) or matter was arbitrary or capricious, and if determined to be arbitrary and or capricious through such Dispute Resolution Procedures and causes delay, it will constitute and be treated as an IFA-Caused Delay.‌Delay.

IFA Discretionary Approvals. ‌ If the Submittal or other approval, consent, determination, acceptance, decision or other action or matter is one where the PPA Documents indicate approval, consent, determination, acceptance, decision or other action is required from IFA in its sole discretion or good faith discretion, then IFA’s lack of approval, consent, determination, acceptance, decision or other action within the applicable time period under Section 3.1.2 shall be deemed disapproval. If the approval, consent, determination, acceptance, decision or other action is subject to the sole discretion of IFA, then its approval, consent, determination, decision or other action (including a failure to act which constitutes a disapproval) shall be final, binding and not subject to dispute resolution, and such approval, consent, determination, acceptance, decision or other action shall not constitute an IFA-Caused Delay, IFA Change, Relief Event or other basis for any Claim. If the approval, consent, determination, acceptance, decision or other action (including a failure to act which constitutes a disapproval) is subject to the good faith discretion of IFA, then its approval, consent, determination, acceptance, decision or other action shall be binding, unless it is finally determined through the Dispute Resolution Procedures by clear and convincing evidence that such approval, consent, determination, acceptance, decision or other action (including a failure to act which constitutes a disapproval) or matter was arbitrary or capricious, and if determined to be arbitrary and capricious through such Dispute Resolution Procedures and causes delay, it will constitute and be treated as an IFA-Caused Delay.‌Delay.

IFA Discretionary Approvals. ‌ If the Submittal or other approval, consent, determination, acceptance, decision or other action or matter is one where the PPA Documents indicate approval, consent, determination, acceptance, decision or other action is required from IFA in its sole discretion or good faith discretion, then IFA’s lack of approval, consent, determination, acceptance, decision or other action within the applicable time period under Section 3.1.2 shall be deemed disapproval. If the approval, consent, determination, acceptance, decision or other action is subject to the sole discretion of IFA, then its approval, consent, determination, decision or other action (including a failure to act which constitutes a disapproval) shall be final, binding and not subject to dispute resolution, and such approval, consent, determination, acceptance, decision or other action shall not constitute an IFA-Caused Delay, IFA Change, Relief Event or other basis for any Claim. If the approval, consent, determination, acceptance, decision or other action (including a failure to act which constitutes a disapproval) is subject to the good faith discretion of IFA, then its approval, consent, determination, acceptance, decision or other action shall be binding, unless it is finally determined through the Dispute Resolution Procedures by clear and convincing evidence that such approval, consent, determination, acceptance, decision or other action (including a failure to act which constitutes a disapproval) or matter was arbitrary or capricious, and if determined to be arbitrary and capricious through such Dispute Resolution Procedures and causes delay, it will constitute and be treated as an IFA-Caused Delay.‌Delay.