Common use of Department Discretionary Approvals Clause in Contracts

Department Discretionary Approvals. ‌ Certain Submittals are subject to the Department’s approval in its sole or absolute discretion or good faith discretion. If the Submittal is one where the Contract Documents indicate approval is required from the Department in its sole or absolute discretion, or good faith discretion, then the Department’s lack of approval, determination, decision or other action within the applicable time period under the Contract Documents shall be deemed a disapproval. If approval is subject to the sole or absolute discretion of the Department, then its decision shall be final, binding and not subject to dispute resolution, and such decision shall not constitute a basis for any claim for Extra Work Costs, Delay Costs, time, Financial Close Deadline or Completion Deadline extensions, compensation for losses due to delays in commencement of Availability Payments or for additional interest costs due to delayed receipt of the Milestone Payment, or other relief. If the approval is subject to the good faith discretion of the Department, then its decision shall be binding unless it is finally determined through the Dispute Resolution Procedures by clear and convincing evidence that such decision was arbitrary or capricious.

Department Discretionary Approvals. ‌ Certain Submittals are subject to the Department’s approval in its sole or absolute discretion or good faith discretion. If the Submittal is one where the Contract Documents indicate approval is required from the Department in its sole or absolute discretion, or good faith discretion, then the Department’s lack of approval, determination, decision or other action within the applicable time period under the Contract Documents shall be deemed a disapproval. If approval is subject to the sole or absolute discretion of the Department, then its decision shall be final, binding and not subject to dispute resolution, and such decision shall not constitute a basis for any claim for Extra Work Costs, Delay Costs, time, Financial Close Deadline or Completion Deadline extensions, compensation for losses due to delays in commencement of Availability Payments or for additional interest costs due to delayed receipt of the Milestone Payment, or other relief. If the approval is subject to the good faith discretion of the Department, then its decision shall be binding unless it is finally determined through the Dispute Resolution Procedures by clear and convincing evidence that such decision was arbitrary or capricious.