Common use of Review and Approval of Life Cycle Maintenance Plan Clause in Contracts

Review and Approval of Life Cycle Maintenance Plan. (i) The Department will review and approve the Life Cycle Maintenance Plan and components thereof, including, but not limited to, the proposed scope of work, timing and estimated costs for the Major Maintenance. The Department will deliver its comments, approval or disapproval to the Developer within 45 Days after the Developer has delivered each proposed Life Cycle Maintenance Plan to the Department in accordance with Section 9.03(b). (ii) The Developer will review and implement, or in the case they cannot implement, provide to the Department written comments regarding why they cannot implement, any changes or additions proposed by the Department to the proposed Life Cycle Maintenance Plan and will modify the Life Cycle Maintenance Plan to reflect those changes and additions which are consistent with the standards and requirements of this Agreement. (iii) In the event of any Dispute relating to a Life Cycle Maintenance Plan, the Department and the Developer will endeavor in good faith to resolve any such Dispute within 60 Days after it is provided to the Department. Any Disputes raised by the Department with respect to the Life Cycle Maintenance Plan must be based on whether it and the underlying assumptions are reasonable, realistic and consistent with Good Industry Practice, the Technical Requirements and Law. If no agreement is reached within such 60-Day period as to any such matter, either party may submit the Dispute to the dispute resolution procedures set forth in Article 21. Until resolution of any Dispute relating to a Life Cycle Maintenance Plan, the treatment of the disputed Tasks in the most recently-approved Life Cycle Maintenance Plan will remain in effect and govern the requirements relating to such Tasks. If there is no approved Life Cycle Maintenance Plan then in effect, the Developer will proceed as directed by the Department until resolution of such Dispute.

Review and Approval of Life Cycle Maintenance Plan. (i) The Department will review and approve the Life Cycle Maintenance Plan and components thereof, including, but not limited to, the proposed scope of work, timing and estimated costs for the Major MaintenanceMaintenance for each Structural Asset of the Existing Project Assets. The Department will deliver its comments, approval or disapproval to the Developer Concessionaire within 45 Days after the Developer Concessionaire has delivered each proposed Life Cycle Maintenance Plan to the Department in accordance with Section 9.03(b9.04(b)(i). (ii) The Developer Concessionaire will review and implement, or in the case they cannot implement, provide to the Department written comments regarding why they cannot implement, reasonably consider any changes or additions proposed by the Department to the proposed Life Cycle Maintenance Plan and will modify the Life Cycle Maintenance Plan to reflect those changes and additions which are consistent with the standards and requirements of this Agreement. (iii) In the event of any Dispute relating to a Life Cycle Maintenance Plan, the Department and the Developer Concessionaire will endeavor in good faith to resolve any such Dispute within 60 Days after it is provided to the Department. Any Disputes raised by the Department with respect to the Life Cycle Maintenance Plan must be based on whether it and the underlying assumptions are reasonable, realistic and consistent with Good Industry Practice, the Technical Requirements and Law. If no agreement is reached within such 60-Day period as to any such matter, either party may submit the Dispute to the dispute resolution procedures set forth in Article 21. Until resolution of any Dispute relating to a Life Cycle Maintenance Plan, the treatment of the disputed Tasks in the most recently-approved Life Cycle Maintenance Plan will remain in effect and govern the requirements relating to such Tasks. If there is no approved Life Cycle Maintenance Plan then in effect, the Developer Concessionaire will proceed as directed by the Department until resolution of such Dispute.

Review and Approval of Life Cycle Maintenance Plan. (i) The Department will review and approve the Life Cycle Maintenance Plan and components thereof, including, but not limited to, the proposed scope of work, timing and estimated costs for the Major Maintenance. The Department will deliver its comments, approval or disapproval to the Developer Concessionaire within 45 Days after the Developer Concessionaire has delivered each proposed Life Cycle Maintenance Plan to the Department in accordance with Section 9.03(b9.04(b). (ii) The Developer Concessionaire will review and implement, or in the case they cannot implement, provide to the Department written comments regarding why they cannot implement, reasonably consider any changes or additions proposed by the Department to the proposed Life Cycle Maintenance Plan and will modify the Life Cycle Maintenance Plan to reflect those changes and additions which are consistent with the standards and requirements of this Agreement. The Concessionaire shall deliver any required modified Life Cycle Maintenance Plan to the Department for its approval. (iii) In the event of any Dispute relating to a Life Cycle Maintenance Plan, the Department and the Developer Concessionaire will endeavor in good faith to resolve any such Dispute within 60 Days after it is provided to the Department. Any Disputes raised by the Department with respect to the Life Cycle Maintenance Plan must be based on whether it and the underlying assumptions are reasonable, realistic and consistent with Good Industry Practice, the Technical Requirements and Law. If no agreement is reached within such 60-Day period as to any such matter, either party may submit the Dispute to the dispute resolution procedures set forth in Article 21. Until resolution of any Dispute relating to a Life Cycle Maintenance Plan, the treatment of the disputed Tasks in the most recently-approved Life Cycle Maintenance Plan will remain in effect and govern the requirements relating to such Tasks. If there is no approved Life Cycle Maintenance Plan then in effect, the Developer Concessionaire will proceed as directed by the Department until resolution of such Dispute. (iv) The Concessionaire may reasonably request changes or additions to the approved Life Cycle Maintenance Plan prior to the delivery of the next Life Cycle Maintenance Plan in accordance with Section 9.04(b). The Department shall review such request within 30 Days and will deliver its comments, approval or disapproval to the Concessionaire within 45 Days. Until such request is approved, the most recently- approved Life Cycle Maintenance will remain in effect, including the amount deposited to the Major Maintenance Reserve Account.