Common use of Interpretive Engineering Decisions Clause in Contracts

Interpretive Engineering Decisions. 25 3.9.1 Developer may apply in writing to ADOT for approval of an interpretive 26 engineering decision concerning the meaning, scope, interpretation, and application of 27 the Technical Provisions (an “Interpretive Engineering Decision”). If, however, meaning, 28 scope, interpretation or application of the Technical Provisions is uncertain because of 29 irreconcilable conflict, ambiguity or inconsistency among the Contract Documents or 30 provisions within other Contract Documents, then this Section 3.9 shall not apply and, 31 instead, the provisions of Section 1.2 shall apply. In response to Developer’s application 32 for an Interpretive Engineering Decision, ADOT may issue a written approval of 33 Developer's proposed Interpretive Engineering Decision (if any), may issue its own 34 Interpretive Engineering Decision or may disapprove any Interpretive Engineering 35 Decision Developer proposes. No document, including any field directive, shall be valid, 36 effective or enforceable as an Interpretive Engineering Decision unless expressly 37 identified as an “Interpretive Engineering Decision” and signed by ▇▇▇▇’s Design 38 Manager, Construction Manager or Project Manager for the Project. 39 3.9.2 Within ten Business Days after Developer applies for an Interpretive 40 Engineering Decision, or such other time period as ADOT and ▇▇▇▇▇▇▇▇▇ may agree to 1 at the time of such application, ADOT will provide its written determination including 2 explanation of any disapproval of such application or any differing interpretation. If ADOT 3 does not respond within such time period, the request shall be deemed disapproved. If

Interpretive Engineering Decisions. 25 3.9.1 Developer may apply in writing to ADOT for approval of an interpretive 26 engineering decision concerning the meaning, scope, interpretation, and application of 27 the Technical Provisions (an “Interpretive Engineering Decision”). If, however, meaning, 28 scope, interpretation or application of the Technical Provisions is uncertain because of 29 irreconcilable conflict, ambiguity or inconsistency among the Contract Documents or 30 provisions within other Contract Documents, then this Section 3.9 shall not apply and, 31 instead, the provisions of Section 1.2 shall apply. In response to Developer’s application 32 for an Interpretive Engineering Decision, ADOT may issue a written approval of 33 Developer's proposed Interpretive Engineering Decision (if any), may issue its own 34 Interpretive Engineering Decision or may disapprove any Interpretive Engineering 35 Decision Developer proposes. No document, including any field directive, shall be valid, 36 effective or enforceable as an Interpretive Engineering Decision unless expressly 37 identified as an “Interpretive Engineering Decision” and signed by ▇▇▇▇ADOT’s Design 38 Manager, Construction Manager or Project Manager for the Project. 39 3.9.2 Within ten Business Days after Developer applies for an Interpretive 40 Engineering Decision, or such other time period as ADOT and ▇▇▇▇▇▇▇▇▇ may agree to 1 at the time of such application, ADOT will provide its written determination including 2 explanation of any disapproval of such application or any differing interpretation. If ADOT 3 does not respond within such time period, the request shall be deemed disapproved. If