Common use of Department Changes Clause in Contracts

Department Changes. (a) The Department has the right to propose Department Changes in accordance with this Article 10 (Department and Development Entity Changes). (b) In order to request a Department Change, the Department shall deliver to the Development Entity a document setting forth (each, a Department Change Request): (i) the Department’s requirements for a change in the Project Services or a change to the terms and conditions of the Technical Provisions (including a change in the standards applicable to the Project Services), in sufficient detail to enable the Development Entity to calculate and provide the Development Entity’s Estimate in accordance with Section 10.3 (Development Entity’s Estimate of Department Change Requests); and (ii) the method of compensation for the change. (c) The Development Entity shall be entitled to refuse a Department Change Request which: (i) requires the Project Services to be performed in a way that infringes Applicable Law or is inconsistent with Good Industry Practice; (ii) would, if implemented, materially and adversely change the nature of the Development Entity’s obligations or rights under this PPA; or (iii) would, if implemented, cause any Governmental Approval then in full force and effect to be revoked.

Department Changes. (a) The Department has the right to propose Department Changes in accordance with this Article 10 (Department and Development Entity Changes). (b) In order to request a Department Change, the Department shall deliver to the Development Entity a document setting forth (each, a Department Change Request): (i) the Department’s requirements for a change in the Project Services Work or a change to the terms and conditions of the Technical Provisions (including a change in the standards applicable to the Project ServicesWork), in sufficient detail to enable the Development Entity to calculate and provide the Development Entity’s Estimate in accordance with Section 10.3 (Development Entity’s Estimate of Department Change Requests); and (ii) the method of compensation for the change. (c) The Development Entity shall be entitled to refuse a Department Change Request which: (i) requires the Project Services Works to be performed in a way that infringes Applicable Law or is inconsistent with Good Industry Practice; (ii) would adversely affect the health and safety of any person; (iii) involves the removal of a Replacement Bridge from the Project, except to the extent that the Department proposes to simultaneously introduce another bridge to the Project as part of the same Department Change Request; (iv) would, if implemented, materially and adversely change the nature of the Development Entity’s obligations or rights under this PPA; or (iiiv) would, if implemented, cause any Governmental Approval then in full force and effect to be revoked.