Common use of Procurement by Parties other than GDC Clause in Contracts

Procurement by Parties other than GDC. The Parties intend that GDC shall centrally procure all third-party services required hereunder; provided, however, subject to the GDC Board’s delegation of authority, the GDC CEO or the GDC CEO’s designee may request that another Party, SEP, HTP operator or user (e.g., NJ TRANSIT), or governmental entity partnering with GDC procure such third-party services. An SEP’s authority to procure third-party services, and develop and release Procurement Documents, shall be governed by the terms of the applicable SEP Agreement. After the Effective Date, if a non-SEP Party other than GDC (in such role, a “Procuring Party”) seeks to incur third-party costs attributable to the HTP for which such Procuring Party will seek credit toward its required financial contributions to the HTP hereunder, then the Procuring Party shall obtain prior approval of the GDC CEO or the GDC CEO’s designee in advance of such procurement. The GDC CEO or the GDC CEO’s designee shall approve such third-party procurements if (i) the third-party services are within the Procuring Party’s GDC- approved scope of work, (ii) the cost of such third-party services are within the Procuring Party’s budget, and (iii) the third-party services and the Procurement Documents are in compliance with applicable federal requirements. GDC may alternatively procure such third-party services directly.