Common use of Developer’s Determination Clause in Contracts

Developer’s Determination. Developer’s determination shall be final except: (a) Base Case Financial Model Updates pursuant to Section 4.3.1(b) require the mutual approval of the Parties; and (b) TxDOT may dispute a Base Case Financial Model Update pursuant to Section 4.3.1(a) within 90 days after receiving notice of such update from Developer, in which case the Dispute shall be resolved in accordance with the Dispute Resolution Procedures and the disputed update shall not become effective until resolution of the Dispute.

Developer’s Determination. Developer’s determination shall be final except: (a) Base Case Financial Model Updates pursuant to Section 4.3.1(b) require the mutual approval of the Parties; and (b) TxDOT may dispute a Base Case Financial Model Update pursuant to Section 4.3.1(a) within 90 days after receiving notice of such update from the Developer, in which case the Dispute shall be resolved in accordance with the Dispute Resolution Procedures and the disputed update shall not become effective until resolution of the Dispute.