Standard for Approvals. In all cases where approvals or consents are required to be provided by TxDOT or Maintenance Contractor hereunder, such approvals or consents shall not be withheld unreasonably except in cases where a different standard (such as sole discretion) is specified. In cases where sole discretion is specified the decision shall not be subject to dispute resolution hereunder.
Standard for Approvals. In all cases where approvals or consents are required to be provided by the Joint Board or TSP hereunder, such approvals or consents shall not be withheld unreasonably except in cases where a different standard (such as sole discretion) is specified. In cases where sole discretion is specified the decision shall not be subject to dispute resolution hereunder.
Standard for Approvals. In all cases where approvals or consents are required to be provided by TxDOT or DB Contractor hereunder, such approvals or consents shall not be withheld unreasonably except in cases where a different standard (such as discretion) is specified. In cases where discretion is specified the decision shall not be subject to dispute resolution hereunder. If the approval is subject to the good faith discretion of TxDOT, then TxDOT’s decision shall be binding unless it is finally determined by clear and convincing evidence under the dispute resolution procedures that such decision was arbitrary or capricious.
Standard for Approvals. In all cases where approvals, consents, or other determinations are required to be provided by IFA or Design-Build Contractor hereunder, such approvals or consents shall not be withheld unreasonably except in cases where a different standard (such as sole discretion) is specified. In cases where sole discretion is specified, the decision shall not be subject to dispute resolution or other legal challenge; provided, however, the issue of whether the decision was arbitrary or capricious shall be subject to dispute resolution hereunder.
Standard for Approvals. In all cases where Approvals, acceptances, or consents are required to be provided by the District or Approvals, acceptances, or consents are required to be provided by the DB Contractor hereunder, such Approvals, acceptances, or consents shall not be withheld unreasonably except in cases where a different standard (such as sole discretion) is specified and shall not be unreasonably delayed if no response time is specified. In cases where sole discretion is specified, the decision shall not be subject to Dispute resolution hereunder.
Standard for Approvals. Except as otherwise provided in this Agreement, and, specifically, where this Agreement expressly provides that an approval or determination is within the sole and absolute discretion of the CITY or CITY’s Authorized Representatives, in which case this paragraph shall not apply, a consent or approval referred to herein of either party shall not be unreasonably withheld or conditioned. In the event that either party refuses to give its consent or approval to any request by the other, such refusing party shall indicate by written notice to the other the reason for such refusal unless this Agreement permits the consent or approval to be withheld without cause or in the sole discretion of either party.
Standard for Approvals. Except as otherwise expressly set forth herein, all approvals to be exercised by Licensor must be in writing and may be granted or withheld by Licensor in its sole good faith discretion.
