Interpretive Decisions Clause Samples
The "Interpretive Decisions" clause defines how ambiguities or uncertainties in the contract's language are to be resolved. Typically, it designates a specific party, such as the contract drafter or an agreed-upon authority, to make binding interpretations of unclear terms or provisions. For example, if a dispute arises over the meaning of a particular section, this clause clarifies who has the final say in interpreting that section. Its core practical function is to streamline dispute resolution and reduce the risk of prolonged disagreements over contract language by establishing a clear process for interpretation.
Interpretive Decisions. 12.2.1 Developer may from time to time request in writing that TxDOT provide information, clarifications and interpretations of ambiguous or uncertain requirements set forth in the Contract Documents (an “Interpretive Decision”). Developer shall clearly and concisely set forth the issue for which interpretation is sought and why a response is needed from TxDOT. Developer also shall set forth its own interpretation and understanding of the requirement along with reasons why it has reached such an understanding.
12.2.2 TxDOT may elect not to issue an Interpretive Decision if it determines that the requirement is not ambiguous or uncertain or that ▇▇▇▇▇▇▇▇▇'s request in effect seeks to change the requirement. In all other cases, TxDOT may: (i) issue a written approval of Developer’s proposed Interpretive Decision (if any); (ii) issue its own Interpretive Decision or may disapprove any Interpretive Decision Developer proposes.
12.2.3 TxDOT shall respond in writing to any such application for an Interpretive Decision, including explanation of any disapproval of such application or any differing interpretation; provided that: (i) no presumption of approval or disapproval shall arise by reason of TxDOT's delay in issuing its written determination; and (ii) no Interpretive Decision by TxDOT shall constitute a change in or amendment of any terms
12.2.4 If Developer disputes TxDOT's disposition of its request for an Interpretive Decision, such dispute shall be subject to resolution in accordance with this Agreement.