Common use of Project Enhancements by the Developer Clause in Contracts

Project Enhancements by the Developer. ‌ The Developer will have the right, at its sole cost and expense, at any time, to design, develop, construct, operate and maintain Developer 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 Developer will not undertake any such Project Enhancements unless all aspects thereof are approved in writing by the Department in its sole discretion, and the Developer has entered into a Development Contract with the Department with respect to such Developer Project Enhancement.

Project Enhancements by the Developer. ‌ The Developer will have the right, at its sole cost and expense, at any timetime after Project Completion, to design, develop, construct, operate and maintain Developer 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 Developer will not undertake any such Project Enhancements unless all aspects thereof are approved in writing by the Department in its sole discretion, and the Developer has entered into a Development Contract with the Department with respect to such Developer Project Enhancement.