Common use of Interpretive Decisions Clause in Contracts

Interpretive Decisions. 12.2.1 Developer may from time to time request in writing that TxDOT provide information, clarifications and interpretations of ambiguous or uncertain requirements set forth in the Contract Documents (an “Interpretive Decision”). Developer shall clearly and concisely set forth the issue for which interpretation is sought and why a response is needed from TxDOT. Developer also shall set forth its own interpretation and understanding of the requirement along with reasons why it has reached such an understanding. 12.2.2 TxDOT may elect not to issue an Interpretive Decision if it determines that the requirement is not ambiguous or uncertain or that Xxxxxxxxx's request in effect seeks to change the requirement. In all other cases, TxDOT may: (i) issue a written approval of Developer’s proposed Interpretive Decision (if any); (ii) issue its own Interpretive Decision or may disapprove any Interpretive Decision Developer proposes. 12.2.3 TxDOT shall respond in writing to any such application for an Interpretive Decision, including explanation of any disapproval of such application or any differing interpretation; provided that: (i) no presumption of approval or disapproval shall arise by reason of TxDOT's delay in issuing its written determination; and (ii) no Interpretive Decision by TxDOT shall constitute a change in or amendment of any terms 12.2.4 If Developer disputes TxDOT's disposition of its request for an Interpretive Decision, such dispute shall be subject to resolution in accordance with this Agreement.

Interpretive Decisions. 12.2.1 Developer may from time to time request in writing that TxDOT provide information, clarifications and interpretations of ambiguous or uncertain requirements set forth in the Contract Documents (an “Interpretive Decision”). Developer shall clearly and concisely set forth the issue for which interpretation is sought and why a response is needed from TxDOT. Developer also shall set forth its own interpretation and understanding of the requirement along with reasons why it has reached such an understanding. 12.2.2 TxDOT may elect not to issue an Interpretive Decision if it determines that the requirement is not ambiguous or uncertain or that Xxxxxxxxx's request in effect seeks to change the requirement. In all other cases, TxDOT may: (i) issue a written approval of Developer’s proposed Interpretive Decision (if any); (ii) issue its own Interpretive Decision or may disapprove any Interpretive Decision Developer proposes. 12.2.3 TxDOT shall respond in writing to any such application for an Interpretive Decision, including explanation of any disapproval of such application or any differing interpretation; provided that: (i) no presumption of approval or disapproval shall arise by reason of TxDOT's delay in issuing its written determination; and (ii) no Interpretive Decision by TxDOT shall constitute a change in or amendment of any termsno 12.2.4 If Developer disputes TxDOT's disposition of its request for an Interpretive Decision, such dispute shall be subject to resolution in accordance with this Agreement.

Interpretive Decisions. 12.2.1 Developer may from time to time request in writing that TxDOT provide information, clarifications and interpretations of ambiguous or uncertain requirements set forth in the Contract Documents (an “Interpretive Decision”). Developer shall clearly and concisely set forth the issue for which interpretation is sought and why a response is needed from TxDOT. Developer also shall set forth its own interpretation and understanding of the requirement along with reasons why it has reached such an understanding. 12.2.2 TxDOT may elect not to issue an Interpretive Decision if it determines that the requirement is not ambiguous or uncertain or that Xxxxxxxxx's request in effect seeks to change the requirement. In all other cases, TxDOT may: (i) issue a written approval of Developer’s proposed Interpretive Decision (if any); (ii) issue its own Interpretive Decision or may disapprove any Interpretive Decision Developer proposes. 12.2.3 TxDOT shall respond in writing to any such application for an Interpretive Decision, including explanation of any disapproval of such application or any differing interpretation; provided that: (i) no presumption of approval or disapproval shall arise by reason of TxDOT's delay in issuing its written determination; and (ii) no Interpretive Decision by TxDOT shall constitute a change in or amendment of any termsterms or 12.2.4 If Developer disputes TxDOT's disposition of its request for an Interpretive Decision, such dispute shall be subject to resolution in accordance with this Agreement.