Resolution of TxDOT Comments and Objections. 6.3.7.1 If the Submittal is one not governed by Section 6.3.3, TxDOT’s exception, objection, rejection or disapproval shall be deemed reasonable, valid and binding if based on any of the following grounds:
Resolution of TxDOT Comments and Objections. (a) Developer shall respond to, and make modifications to the Submittal as necessary to fully reflect and resolve, all comments and objections to a Submittal by TxDOT and the Independent Engineer that are based on the following grounds: (i) the Submittal fails to comply with any applicable provision of the CDA Documents or Project Management Plan and component plans thereunder; (ii) the Submittal is not to a standard equal to or better than the requirements of Good Industry Practice; (iii) Developer has not provided all required information; (iv) implementation of the Submittal would result in a conflict with or violation of any Law or Governmental Approval; or (v) the Submittal requires or proposes a commitment, requirements, action, term or condition in connection with a Governmental Approval that is not the usual and customary arrangement offered or accepted by TxDOT for addressing similar circumstances affecting its own projects. The foregoing does not obligate Developer to incorporate any comments or resolve objections that would render the Submittal erroneous, defective or less than Good Industry Practice, except pursuant to a TxDOT Change.
