Common use of Department Approvals Clause in Contracts

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.

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.