Resolution of TxDOT Comments and Objections Sample Clauses

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: (a) The Submittal or subject provision thereof fails to comply with any applicable covenant, condition, requirement, term or provision of the CDA Documents or Facility Management Plan and component plans thereunder; (b) The Submittal or subject provision thereof is not to a standard equal to or better than the requirements of Good Industry Practice; (c) Developer has not provided all content or information required in respect of the Submittal or subject provisions thereof, provided that TxDOT assumes no duty, obligation or liability regarding completeness or correctness of any Submittal, including a Submittal that is to be delivered to a Governmental Entity as a proposed Governmental Approval, or in order to obtain, modify, amend, supplement, renew, extend, waive or carry out a Governmental Approval; (d) Adoption of the Submittal or subject provision thereof, or of any proposed course of action thereunder, would result in a conflict with or violation of any Law or Governmental Approval; or (e) In the case of a Submittal that is to be delivered to a Governmental Entity as a proposed Governmental Approval, or in order to obtain, modify, amend, supplement, renew, extend, waive or carry out a Governmental Approval, it proposes commitments, requirements, actions, terms or conditions that are not usual and customary arrangements that TxDOT offers or accepts for addressing similar circumstances affecting its own projects. 6.3.7.2 Developer shall respond to all of TxDOT’s and the Independent Engineer’s comments and objections to a Submittal and, except as provided below, make modifications to the Submittal as necessary to fully reflect and resolve all such comments and objections, in accordance with the review processes set forth in this Section 6.3. Developer acknowledges that TxDOT or the Independent Engineer may provide comments and objections which reflect concerns regarding interpretation or preferences of the commenter or which otherwise do not directly relate to grounds set forth in Section 6.3. 7.1. Developer agrees to undertake reasonable efforts to accommodate or otherwise resolve any such comments or objections through the review processes described in this Section 6.3. However, if the Submittal is not governed by Section 6.3.3, the foregoing shall in...
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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. (b) TxDOT or the Independent Engineer may also provide comments and objections that reflect concerns regarding interpretation or preferences of the commenter or that otherwise do not directly relate to grounds set forth in Section 8.1.6(a). Developer shall use reasonable efforts to accommodate or otherwise resolve any such comments or objections. However, unless the Submittal is subject to approval or disapproval by TxDOT in its discretion, the foregoing does not obligate Developer to incorporate any comments or resolve objections that are not reasonable and would result in a delay to a Critical Path on the Project Schedule, in an increase in Developer’s costs or a decrease in Toll Revenues, except pursuant to a TxDOT Change. (c) If Developer does not accommodate or otherwise resolve any comment or objection, Developer shall deliver to TxDOT, within 30 days after receipt of the comment or objection, an explanation why modifications based on such comment or objection are not required, including the facts, analyses and reasons that support the conclusion. Developer’s failure to provide such explanation with such 30-day period shall constitute Developer’s agreement to make all changes necessary to accommodate or resolve the comment or objection and Developer’s full acceptance of all responsibility for such changes wi...
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Related to Resolution of TxDOT Comments and Objections

  • Resolution of Disputes Any dispute or disagreement which may arise under, or as a result of, or in any way related to, the interpretation, construction or application of this Agreement shall be determined by the Committee. Any determination made hereunder shall be final, binding and conclusive on the Grantee and the Company for all purposes.

  • Informal Resolution of Disputes 10.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 or Section 10.4.5, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.

  • Proposed Policies and Procedures Regarding New Online Content and Functionality By February 1, 2018, the District will submit to OCR for its review and approval proposed policies and procedures (“the Plan for New Content”) to ensure that all new, newly added, or modified online content and functionality will be accessible to people with disabilities as measured by conformance to the Benchmarks for Measuring Accessibility set forth above, except where doing so would impose a fundamental alteration or undue burden. a) When fundamental alteration or undue burden defenses apply, the Plan for New Content will require the District to provide equally effective alternative access. The Plan for New Content will require the District, in providing equally effective alternate access, to take any actions that do not result in a fundamental alteration or undue financial and administrative burdens, but nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services as their nondisabled peers. To provide equally effective alternate access, alternates are not required to produce the identical result or level of achievement for persons with and without disabilities, but must afford persons with disabilities equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs. b) The Plan for New Content must include sufficient quality assurance procedures, backed by adequate personnel and financial resources, for full implementation. This provision also applies to the District’s online content and functionality developed by, maintained by, or offered through a third-party vendor, or by using open sources. c) Within thirty (30) calendar days of receiving OCR’s approval of the Plan for New Content, the District will officially adopt, and fully implement the amended policies and procedures.

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