Discriminatory Change definition

Discriminatory Change means (a) materially more onerous application to DB Contractor or the Project of alterations or changes (including additions) to the CMA Specification, Design-Build Specifications or Safety Standards relating to the Maintenance Services than the application thereof to other Comparable Limited Access Highways, or (b) selective application of alterations or changes (including additions) to the CMA Specification, Design-Build Specifications or Safety Standards relating to the Maintenance Services to DB Contractor or the Project and not to other Comparable Limited Access Highways. Notwithstanding the foregoing, such applications in response to any negligence, willful misconduct, or breach of applicable Law, Governmental Approval or contract by DB Contractor or any DB Contractor-Related Entity shall not be Discriminatory Changes.
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Discriminatory Change means any change in Applicable Law during the term of the Contract that is principally directed at and the effect of which is principally borne by Contractor or operators of high-speed passenger rail in the State, except where such change (a) is in response, in whole or in part, to any failure to perform or breach of the Contract, violation of Applicable Law or Governmental Approval, culpable act or culpable omission on the part of any Contractor-Related Entity, (b) is a directive by the U.S. Department of Homeland Security or comparable state agency, unless such directive is directed solely at or solely affects the Work and requires specific changes in Contractor’s normal design or manufacturing procedures in order to comply, or (c) is otherwise expressly permitted under the Contract.
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Discriminatory Change means (a) materially more onerous application to DB Contractor or the Project of alterations or changes (including additions) to the CMA Specification, Design-Build DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8 Specifications or Safety Standards relating to the Maintenance Services than the application thereof to other Comparable Limited Access Highways, or (b) selective application of alterations or changes (including additions) to the CMA Specification, Design-Build Specifications or Safety Standards relating to the Maintenance Services to DB Contractor or the Project and not to other Comparable Limited Access Highways. Notwithstanding the foregoing, such applications in response to any negligence, willful misconduct, or breach of applicable Law, Governmental Approval or contract by DB Contractor or any DB Contractor-Related Entity shall not be Discriminatory Changes.
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Examples of Discriminatory Change in a sentence

  • DB Contractor shall implement a Discriminatory Change only after TxDOT issues a Change Order or Directive Letter therefor pursuant to Section 4.5.

  • DB Contractor’s obligation to perform design and construction work in accordance with the latest version of any such standard, manual, guideline or specification shall not require a notice from TxDOT, unless the use of such latest version qualifies as a Discriminatory Change.


More Definitions of Discriminatory Change

Discriminatory Change in Law" a Change in Law, the terms of which apply expressly to: (a) the Project and not to similar projects; and/or (b) the Contractor and not to other persons; and/or (c) PPP Contractors and not to other persons;
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Discriminatory Change means any change in Applicable Law that is principally directed at and the effect of which is principally borne by Contractor or operators of high- speed passenger rail in the State, except where such change (a) is in response, in whole or in part, to any failure to perform or breach of the Contract, violation of Applicable Law or Governmental Approval, culpable act or culpable omission on the part of any Contractor- Related Entity, (b) is a directive by the U.S. Department of Homeland Security or comparable state agency, unless such directive is directed solely at or solely affects the Work and requires specific changes in Contractor’s normal design, construction or manufacturing procedures in order to comply, or (c) is otherwise expressly permitted under the Contract.
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Related to Discriminatory Change

  • Regulatory Change means, with respect to Bank, any change on or after the date of this Agreement in United States federal, state, or foreign laws or regulations, including Regulation D, or the adoption or making on or after such date of any interpretations, directives, or requests applying to a class of lenders including Bank, of or under any United States federal or state, or any foreign laws or regulations (whether or not having the force of law) by any court or governmental or monetary authority charged with the interpretation or administration thereof.

  • discriminatory action means any action or threat of action by an employer that does or would adversely affect a worker with respect to any terms or conditions of employment or opportunity for promotion, and includes termination, layoff, suspension, demotion or transfer of a worker, discontinuation or elimination of a job, change of a job location, reduction in wages, change in hours of work, reprimand, coercion, intimidation or the imposition of any discipline or other penalty, but does not include:

  • Discriminatory practice means the violation of law referred to in Section 46a-51

  • Discrimination on the basis of disability means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation;