Common use of Offsite Improvements Clause in Contracts

Offsite Improvements. [If no offsite improvements are proposed, then delete the remainder of this section and insert N/A] Customer agrees to construct the System in accordance with the approved plans and specifications at its sole expense up to acceptance of the System by the FPUA, including but not limited to, fees and costs associated with the Project for consultants, testing, permitting, utility connections, surveying, legal, construction, construction management, certification, bonds, warranties, record drawings or any other fees and costs required to complete the Project. The timely payment by Customer of all fees and costs in accordance with the terms set forth herein shall be considered essential to the continued performance by FPUA of the terms and conditions of this Agreement. In order to ensure construction of the offsite improvements required for the System, the Customer shall provide FPUA with Security Exhibit “D” in the amount of $_________________, which represents one hundred percent (100%) of the estimated construction costs of the required offsite improvements. Attached Exhibit "C" sets forth the materials and installation costs of the offsite improvements. Customer shall provide the Security within sixty (60) days of the execution of this Agreement by FPUA. If Customer fails to commence construction of the offsite improvements as defined in Exhibit "B" and more specifically defined in the approved plans provided by _____________________________ within 180 days from the date of execution of the Agreement, FPUA may claim all monies secured by Exhibit "D", the approved offsite design provided by______________________________________, and all permits executed in conjunction with the Project in order to construct the offsite improvements without recourse from Customer or its successors or assigns. Any funds in excess of the actual construction cost shall be to the benefit of the Customer and shall be returned to Customer within sixty (60) days of the certification and acceptance by FPUA of the offsite improvements. The Customer will be liable and responsible for any cost overruns or other amounts in excess of contract price.

Offsite Improvements. [If no offsite improvements are proposed, then delete the remainder of this section and insert N/A] Customer agrees to construct the System in accordance with the approved plans and specifications at its sole expense up to acceptance of the System by the FPUA, including but not limited to, fees and costs associated with the Project for consultants, testing, permitting, utility connections, surveying, legal, construction, construction management, certification, bonds, warranties, record drawings or any other fees and costs required to complete the Project. The timely payment by Customer of all fees and costs in accordance with the terms set forth herein shall be considered essential to the continued performance by FPUA of the terms and conditions of this Agreement. In order to ensure construction of the offsite improvements required for the System, the Customer shall provide FPUA with Security $ , Exhibit “D” in the amount of $_________________, which represents one hundred percent (100%) of the estimated construction costs of the required offsite improvements. Attached Exhibit "C" sets forth the materials and installation costs of the offsite improvements. Customer shall provide the Security within sixty (60) days of the execution of this Agreement by FPUA. If Customer fails to commence construction of the offsite improvements as defined in Exhibit "B" and more specifically defined in the approved plans provided by _____________________________ within 180 days from the date of execution of the Agreement, FPUA may claim all monies secured by Exhibit "D", the approved offsite design provided by______________________________________by , and all permits executed in conjunction with the Project in order to construct the offsite improvements without recourse from Customer or its successors or assigns. Any funds in excess of the actual construction cost shall be to the benefit of the Customer and shall be returned to Customer within sixty (60) days of the certification and acceptance by FPUA of the offsite improvements. The Customer will be liable and responsible for any cost overruns or other amounts in excess of contract price.