Common use of Standard for Approvals Clause in Contracts

Standard for Approvals. In all cases where approvals or consents are required to be provided by TxDOT or Maintenance Contractor hereunder and no particular standard therefor is stated, then the standard shall be reasonableness. If the approval is subject to the good faith discretion of TxDOT, then its decision shall be binding unless it is finally determined by clear and convincing evidence under the dispute resolution procedures of this Comprehensive Maintenance Agreement that such decision was arbitrary or capricious. In cases where sole discretion is specified the decision shall not be subject to dispute resolution hereunder.

Standard for Approvals. In all cases where approvals or consents are required to be provided by TxDOT or Maintenance Contractor hereunder and no particular standard therefor is stated, then the standard shall be reasonableness. If the approval is subject to the good faith discretion of TxDOT, then its decision shall be binding unless it is finally determined by clear and convincing evidence under the dispute resolution procedures of this Comprehensive Maintenance Agreement in Section 16 that such decision was arbitrary or capricious. In cases where sole discretion is specified the decision shall not be subject to dispute resolution hereunder.