Department Change definition

Department Change means (a) a change to the work of the Design-Builder or TTMS Work pursuant to a “Change Order” (as defined in the Comprehensive Agreement) or a Directive Letter issued pursuant to the Comprehensive Agreement and (b) any other event that the Comprehensive Agreement expressly states will be treated as a Department Change.

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Department Change means any change in the Project Services by the Department that the Development Entity is required to implement pursuant to Article 10 (Department and Development Entity Changes).

Department Change means any change in the scope of the Work or terms and conditions of the Technical Requirements (including changes in the standards applicable to the Work) that VDOT has directed the Concessionaire to perform through a Change Order or a Directive Letter, or that the Department performs pursuant to Section 7.12(c) of the Comprehensive Agreement.

Examples of Department Change in a sentence

• The Request for Change Proposal will set forth the nature, extent and details of the proposed Department Change.

• Responsibility for and cost of obtaining Governmental Approvals necessitated by a Department Change or a Department Project Enhancement will be as agreed to and specified in the accompanying Change Order.

• Notwithstanding anything to the contrary contained in this Agreement, during the Construction Period, a change in the terms and conditions of the Technical Requirements (including changes in the standards applicable to the Work) required or authorized by the Department will constitute a Department Change.

• If it is determined in accordance with the dispute resolution procedures in Article 21 that the Developer was in compliance with its obligations under this Agreement, then such directive and any additional Work required by the Department will be treated as a Department Change pursuant to Section 14.02.

• The Developer will nevertheless implement the Safety Compliance Order, but if it is finally determined in accordance with the dispute resolution procedures in Article 21 that conditions warranting the Safety Compliance Order did not exist, then the Safety Compliance Order will be treated as a Department Change pursuant to Section 14.02.

• The Request for Change Proposal shall set forth the nature, extent and details of the proposed Department Change.

• If it is finally determined in accordance with such dispute resolution procedures that the Developer’s submittal or resubmittal complied with this Agreement, the Work required under the Department’s directive will be treated as a Department Change.

• If it is determined in accordance with the dispute resolution procedures in Article 21 that the Developer was in compliance with its obligations under this Agreement, then the suspension order and any additional Work required by the Department will be treated as a Department Change pursuant to Section 14.02.

• Within this period, the Parties shall consult and agree on the remaining details as soon as practicable and shall enter into an appropriate change order to give effect to the relevant Department Change Request.

• Other than when the Development Entity is in receipt of a Directive Letter, the Development Entity shall not be entitled or required to commence any Extra Work described in a Department Change Request prior to the Department confirming the Development Entity’s Estimate in accordance with Section 10.4(b) and as set out therein.