Common use of Approvals by TxDOT Clause in Contracts

Approvals by TxDOT. 1.6.1 Whenever the CDA 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 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 30 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 TxDOT-Caused Delay. 1.6.2 Whenever the CDA Documents indicate that a matter is subject to TxDOT’s approval, acceptance, consent, determination or decision in TxDOT’s discretion, then TxDOT’s decision shall be final, binding and not subject to dispute resolution. TxDOT’s failure to notify Developer of its response to any such request within the applicable time period shall be considered disapproval or denial of the request.