Common use of Standard for Approvals Clause in Contracts

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 or consents are required to be provided by TxDOT or DB Maintenance Contractor hereunderhereunder and no particular standard therefor is stated, such approvals or consents then the standard 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 hereunderreasonableness. If the approval is subject to the good faith discretion of TxDOT, then TxDOT’s its decision shall be binding unless it is finally determined by clear and convincing evidence under the dispute resolution procedures of this Comprehensive Maintenance Agreement that such decision was arbitrary or capricious. In cases where sole discretion is specified the decision shall not be subject to dispute resolution hereunder.