VDOT Delays Treated as Department Changes Sample Clauses

VDOT Delays Treated as Department Changes. 12.3.3.1 In accordance with Section 7.12(e) of the Comprehensive Agreement, Concessionaire may submit to VDOT a request for “Change Order” (as defined in the Comprehensive Agreement) if Contractor incurs a material increase of its construction costs or incurs a material impact to the critical path which delays the Guaranteed Substantial Completion Date due to a material breach or an inexcusable delay by VDOT in performing any of its obligations described in Article 7 of the Comprehensive Agreement. For the purposes of this Section 12.3.3, an “inexcusable delay” shall mean a delay that is attributable solely to error or omission of VDOT, and an inexcusable delay or material breach specifically excludes delay or breach attributable to: (a) the submission of incomplete documentation for VDOT’s review, (b) required review or approvals from other Governmental Authorities necessary or appropriate to VDOT’s review, (c) failure to obtain appropriation and allocation of public funds, (d) consumption of available float, (e) submittals or requests that are “deemed approved” if no response is provided within twenty-one (21) days, and (f) force majeure events. A response by VDOT pursuant to Section 7.06(k) of the Comprehensive Agreement shall not be considered “deemed approved,” and shall not be considered an “inexcusable delay” in the event that a delay is attributable to items (a)-(f) above or is not attributable solely to error or omission of VDOT. 12.3.3.2 If Contractor desires that Concessionaire submit a request for a “Change Order“ under the Comprehensive Agreement as a result of an “inexcusable delay “of VDOT, it shall prepare and submit a proposed “Change Order” to Concessionaire within eighteen (18) days after the occurrence giving rise to the request for adjustment or relief, which request shall include sufficient information to advise VDOT of the circumstances giving rise to the request for adjustment and the basis of such request, and Concessionaire shall submit such proposed “Change Order” to VDOT within the time required under Section 7.12(e)(ii) of the Comprehensive Agreement. 12.3.3.3 Contractor acknowledges and agrees that, pursuant to Section 7.12(e)(iii) of the Comprehensive Agreement, if VDOT determines that Concessionaire is entitled to cost relief, Concessionaire shall be entitled to recover only the direct costs reasonably and necessarily incurred by Contractor as a direct result of VDOT’s delay. However, under no circumstances will such recover...
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