Common use of Request for Change Proposal Clause in Contracts

Request for Change Proposal. (i) If the Department desires to initiate a Department Change, then the Department shall issue a Request for Change Proposal. The Request for Change Proposal shall set forth the nature, extent and details of the proposed Department Change. (ii) Within 21 days following Concessionaire’s receipt of the Request for Change Proposal, the Concessionaire shall provide the Department with a preliminary written response, and within 60 days thereafter, with a definitive written response, as to whether, in the Concessionaire’s opinion, the Department Change will result in Concessionaire Damages, Positive Net Revenue Impact and/or Net Cost Saving, and, if so: (A) a detailed assessment of the Net Revenue Impacts and Net Cost Impacts, including the estimated effect on length of time to realize the Maximum PVR, an estimate of any Concessionaire Damages, Positive Net Revenue Impact and/or Net Cost Saving, and schedule impact of the proposed Department Change; (B) the effect of the proposed Department Change on the Baseline Schedule, taking into account the Concessionaire’s duty to mitigate delay to the extent reasonably practicable; and (C) the effect of the proposed Department Change on traffic volume and traffic flow on the Project. (iii) The Department shall be entitled to obtain a comprehensive report as to the proposed Department Change (including comments concerning the Concessionaire’s estimate of the costs and other impacts) from the Independent Engineer and a traffic and revenue study relevant to such impacts from a traffic and revenue consultant acceptable to the Department.

Request for Change Proposal. (i) If the Department desires to initiate a Department Change, then the Department shall issue a Request for Change Proposal. The Request for Change Proposal shall set forth the nature, extent and details of the proposed Department Change. (ii) Within 21 days following Concessionaire’s receipt of the Request for Change Proposal, the Concessionaire shall provide the Department with a preliminary written response, and within 60 days thereafter, with a definitive written response, as to whether, in the Concessionaire’s opinion, the Department Change will result in Concessionaire Damages, Positive Net Revenue Impact and/or Net Cost Saving, and, if so: : (A) a detailed assessment of the Net Revenue Impacts and Net Cost Impacts, including the estimated effect on length of time to realize the Maximum PVR, an estimate of any Concessionaire Damages, Positive Net Revenue Impact and/or Net Cost Saving, and schedule impact of the proposed Department Change; (B) the effect of the proposed Department Change on the Baseline Schedule, taking into account the Concessionaire’s duty to mitigate delay to the extent reasonably practicable; and (C) the effect of the proposed Department Change on traffic volume and traffic flow on the Project. (iii) The Department shall be entitled to obtain a comprehensive report as to the proposed Department Change (including comments concerning the Concessionaire’s estimate of the costs and other impacts) from the Independent Engineer and a traffic and revenue study relevant to such impacts from a traffic and revenue consultant acceptable to the Department.