Common use of Other Department Approvals Clause in Contracts

Other Department Approvals. ‌ 3.3.5.1 Whenever the Contract Documents indicate that a Submittal or other matter is subject to the Department’s approval or consent but the approval or consent is one not governed by Section 3.3.2 concerning discretionary approvals, then the standard for approval shall be reasonableness. 3.3.5.2 If the reasonableness standard applies and Department delivers no approval, consent, determination, decision or other action within the applicable time period under Section 3.3.8, then Developer may deliver to Department a written notice stating the date within which Department was to have decided or acted and that if Department does not decide or act within five Business Days after receipt of the notice, delay from and after lapse of the applicable time period may constitute Department-Caused Delay for which Developer may be entitled to relief under Article 9.

Other Department Approvals. ‌ 3.3.5.1 Whenever the Contract Documents indicate that a Submittal or other matter is subject to the Department’s approval or consent but the approval or consent is one not governed by Section 3.3.2 concerning discretionary approvals, then the standard for approval shall be reasonableness. 3.3.5.2 If the reasonableness standard applies and Department delivers no approval, consent, determination, decision or other action within the applicable time period under Section 3.3.8, then Developer may deliver to Department a written notice stating the date within which Department was to have decided or acted and that if Department does not decide or act within five Business Days after receipt of the notice, delay from and after lapse of the applicable time period may constitute Department-Caused Delay for which Developer may be entitled to relief under Article 9.