Common use of Whenever the Clause in Contracts

Whenever the. Contract Documents indicate that a matter is subject to TxDOT’s approval, consent, acceptance, determination or decision, and no standard is otherwise provided, then such approval, acceptance, consent, determination or decision shall not be unreasonably or arbitrarily withheld, conditioned or delayed. If TxDOT fails to notify Developer of its response to any such request within the applicable time period (or if no time period is provided with respect to the particular matter, then within 60 days after TxDOT receives the request), and if Developer notifies TxDOT of the delay within five days after the expiration of such time period and TxDOT still fails to notify Developer of its response within such five-day period, the delay caused from and after the expiration of such time period may constitute a TxDOT-Caused Delay.