Common use of Request for Change Proposal Clause in Contracts

Request for Change Proposal. Prior to issuing a Change Order, TxDOT may, but is not obligated to, request an assessment from Developer of the impact of a proposed TxDOT Change on the cost, Toll Revenue and schedule. In making such request, TxDOT shall describe to Developer the nature, extent and other details of the proposed TxDOT Change. After TxDOT makes such request, the Parties shall consult concerning the scope of the proposed TxDOT Change and the estimated financial and schedule impacts. Within 60 days after receiving such request, Developer shall provide TxDOT with Developer’s determination (which is not binding) of whether the proposed change constitutes a TxDOT Change and a detailed assessment of (a) the estimated impact on costs and Toll Revenues, (b) the effect, if any, on the Project Schedule and Milestone Deadlines and (c) the effect, if any on traffic flow and traffic volume during the Operating Period.