Common use of Project Enhancements by the Concessionaire Clause in Contracts

Project Enhancements by the Concessionaire. The Concessionaire will have the right, at its sole cost and expense, at any time after Substantial Completion of all of the Project Assets, to design, develop, construct, operate and maintain Concessionaire Project Enhancements within the Project Right of Way, including any fundamental change in the dimensions, character, quality, location or position of all or any part of the Project; provided, that the Concessionaire will not undertake any such Project Enhancements unless all aspects thereof are approved in writing by the Department in its sole discretion, and the Concessionaire has entered into a Development Contract with the Department with respect to such Concessionaire Project Enhancement.

Project Enhancements by the Concessionaire. The Concessionaire will shall have the right, at its sole cost and expense, at any time after Substantial Completion of all of the Project AssetsService Commencement Date, to design, develop, construct, operate and maintain Concessionaire Project Enhancements within the Project Right of Way, including any fundamental change in the dimensions, character, quality, location or position of all or any part of the Project; provided, that the Concessionaire will shall not undertake any such Project Enhancements unless all aspects thereof are approved in writing by the Department in its sole discretion, and the Concessionaire has entered into a Development Contract with the Department with respect to such Concessionaire Project Enhancement.