Department Approvals Sample Clauses

Department Approvals. ‌ (a) This Section 10.05 sets forth procedures governing certain submittals or requests by the Developer (or the Design-Build Contractor or the O&M Contractor) to the Department (including, but not limited to, plans, schedules, designs, Design Documentation and Construction Documentation) which require an approval, review, comment, consent, notification, determination, decision or other response (collectively, a “Response”) from the Department pursuant to this Agreement. All submittals or requests to the Department will be made in the form required by, and otherwise in conformity with, the requirements set forth in the Technical Requirements. (b) Except as otherwise set forth herein, any submittal, resubmittal or request to the Department will be deemed complete at 5:30 p.m. Eastern time on the seventh Day following its receipt by the Department unless, the Department notifies the Developer in writing prior to 5:30‌ p.m. Eastern time on such seventh Day that such submittal, resubmittal or request is incomplete according to the standards set forth in the Technical Requirements and sets forth in reasonable detail the incomplete elements of the submittal, resubmittal or request. (c) In any case in which a submittal or request is or has been deemed to be complete under Section 10.05(b), the Department will review and respond to such submittal or request as promptly as reasonably possible, and no later than 14 Days after the date on which the Developer (or the Design-Build Contractor or the O&M Contractor) has delivered such submittal or request to the Department. The Department will respond within such 14-Day period by (i) approving, certifying or taking other appropriate action with respect to, the submittal or request, as applicable or (ii) disapproving such submittal or request and providing written notice to the Developer specifying in reasonable detail the reasons for which it has disapproved the submittal or request. If the Department objects or disapproves any submittal or request in accordance with clause (ii) of the preceding sentence, the Developer will resubmit the submittal or request as promptly as reasonably possible, and the Department will resume its review and respond to such submittal or request by approving or disapproving the submittal or request (provided that such submittal or request is complete or has been deemed to be complete under Section 10.05(b)) within eight Days following its receipt of a resubmittal or request. The Department’s r...
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Department Approvals. (a) Except as otherwise expressly provided herein, in any case in which the Department’s response to a request for its approval is required by the terms hereof within a specified time period (or such extended period of time as shall have been mutually agreed by the Department and the Concessionaire, and provided that any such time period shall be extended for the duration of the results of a Force Majeure Event that prevents such performance), the failure by the Department to respond to a written request for such approval within such specified time period (as may be so extended) shall be deemed to be the Department’s approval of such request. (b) In all cases where approvals, consents or determinations are required to be provided hereunder, such approvals or consents shall not be withheld unreasonably and such determinations shall be made reasonably except in cases where a different standard (such as, by way of example only, sole discretion) is specified. In cases where sole discretion is specified for an approval, consent, determination or other decision, the decision shall not be subject to dispute resolution hereunder.
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Department Approvals. (a) Except as otherwise expressly provided in this Agreement, in any case in which the Department’s response to a request for its approval is required by the terms hereof within a specified time period (or such extended period of time as will have been mutually agreed by the Department and the Concessionaire, and provided, that any such time period will be extended for the duration of the results of a Force Majeure Event that prevents such performance), the failure EXECUTION VERSION – DECEMBER 5, 2011 by the Department to respond to a written request for such approval within such specified time period (as may be so extended) will be deemed to be the Department’s approval of such request. (b) In all cases where approvals, consents or determinations are required to be provided hereunder, such approvals or consents will not be withheld or delayed unreasonably and such determinations will be made reasonably except in cases where a different standard (such as, by way of example only, sole discretion) is specified. In cases where sole discretion is specified for an approval, consent, determination or other decision, the decision will not be subject to the dispute resolution procedures set forth in Article 21. (c) If the Concessionaire must submit a submittal to the Department for review and approval more than twice due to the Concessionaire’s failure to comply with the requirements of this Agreement, the Concessionaire will reimburse the Department for the Department’s Allocable Costs incurred thereafter in reviewing any portions of such submittal. If the Concessionaire must submit a submittal more than twice due to the Department’s failure to comply with the requirements of this Agreement, the Department will reimburse the Concessionaire for the Concessionaire’s Allocable Costs incurred thereafter in preparing or submitting any portions of such submittal and the Concessionaire will be entitled to any other remedies afforded to the Concessionaire under this Agreement.
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Department Approvals. 100 Section 10.06 Limitations on the Concessionaire’s Right to Rely .......................................102 Section 10.07 Suspension of the Work .................................................................................103
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Department Approvals. (a) This Section 10.05 sets forth procedures governing certain submittals or requests by the Concessionaire (or the Design-Build Contractor, the TTMS Contractor or the O&M Contractor) to the Department (including, but not limited to, plans, schedules, designs, Design Documentation and Construction Documentation) which require an approval, review, comment, consent, notification, determination, decision or other response (collectively, a “Response”) from the Department pursuant to this Agreement. All submittals or requests to the Department will be made in the form required by, and otherwise in conformity with, the requirements set forth in the Technical Requirements. Except as otherwise provided in this Agreement, the procedures set forth in this Section 10.05 will apply to any submittal or request by the Concessionaire relating to, or any required approval or disapproval by the Department of, the following: any proposed OSPS Improvement Plan pursuant to Section 5.08(b); the issuance of a Design Work Notice to Proceed pursuant to Section 8.03(a) or a Construction Notice to Proceed pursuant to Section 8.03(b); any submittal of Design Documentation and Construction Documentation relating to the Work pursuant to Section 8.04(a); the approval of the ROW Acquisition and Relocation Plan pursuant to Section 8.05(a); the determination of whether Substantial Completion has been achieved pursuant to Section 8.08(e); the determination of whether Final Acceptance has been achieved pursuant to Section 8.09(c); the determination of whether 395 Final Completion has been achieved pursuant to Section 8.18(e); the determination of whether the conditions precedent for achieving Service Commencement have been achieved pursuant to Section 9.02(b); any Signage Plan pursuant to Section 9.09(a); data, reports and any proposed Remedial Action Plan pursuant to Section 16.01(b); insurance submittals pursuant to Section 17.02(e); and a Disbursement Request pursuant to the Public Funds Amount Payment Terms attached as Exhibit N. (b) Except as otherwise set forth in this Agreement, any submittal, resubmittal or request to the Department will be deemed complete at 5:30 p.m. Eastern time on the seventh Day following its receipt by the Department unless, the Department notifies the Concessionaire in writing prior to 5:30 p.m. Eastern time on such seventh Day that such submittal, resubmittal or request is incomplete according to the standards set forth in the Technical Requirements and sets...
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Department Approvals. (a) This Section 10.05 sets forth procedures governing certain submittals or requests by the Developer (or the Design-Build Contractor or the O&M Contractor) to the Department (including, but not limited to, plans, schedules, designs, Design Documentation and Construction Documentation) which require an approval, review, comment, consent, notification, determination, decision or other response (collectively, a “Response”) from the Department pursuant to this Agreement. All submittals or requests to the Department will be made in the form required by, and otherwise in conformity with, the requirements set forth in the Technical Requirements. (b) Except as otherwise set forth herein, any submittal, resubmittal or request to the Department will be deemed complete at 5:30 p.m. Eastern time on the seventh Day following its receipt by the Department unless, the Department notifies the Developer in writing prior to 5:30
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Department Approvals 
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Related to Department Approvals

  • Government Approvals All authorizations, consents, orders or approvals of, or declarations or filings with, or expiration of waiting periods imposed by, any governmental authority necessary for the consummation of the transactions contemplated by this Agreement shall have been filed, occurred or been obtained.

  • Other Regulatory Approvals All necessary approvals, authorizations and consents of any governmental or regulatory entity required to consummate the Merger shall have been obtained and remain in full force and effect, and all waiting periods relating to such approvals, authorizations and consents shall have expired or been terminated.

  • Authorization; Approvals The issuance of the Policy and the execution, delivery and performance of this Agreement and the Insurance Agreement have been duly authorized by all necessary corporate proceedings. No further approvals or filings of any kind, including, without limitation, any further approvals of or further filings with any governmental agency or other governmental authority, or any approval of the Insurer’s board of directors or stockholders, are necessary for the Policy, this Agreement and the Insurance Agreement to constitute the legal, valid and binding obligations of the Insurer.

  • Regulatory Consents and Approvals All consents, approvals and actions of, filings with and notices to any Governmental or Regulatory Authority necessary to permit Purchaser and Seller to perform their obligations under this Agreement and the Operative Agreements and to consummate the transactions contemplated hereby and thereby (a) shall have been duly obtained, made or given, (b) shall be in form and substance reasonably satisfactory to Purchaser, (c) shall not be subject to the satisfaction of any condition that has not been satisfied or waived and (d) shall be in full force and effect, and all terminations or expirations of waiting periods imposed by any Governmental or Regulatory Authority necessary for the consummation of the transactions contemplated by this Agreement and the Operative Agreements shall have occurred.

  • Approvals No authorization, approval or consent of any court, governmental body, regulatory agency, self-regulatory organization, or stock exchange or market or the stockholders of the Company is required to be obtained by the Company for the issuance and sale of the Securities to the Buyer as contemplated by this Agreement, except such authorizations, approvals and consents that have been obtained.