Common use of Optional Road Construction Clause in Contracts

Optional Road Construction. (a) If the City receives Grant Funding, and a portion of such Grant Funding is applied towards the cost-share arrangements for the City’s Facilities pursuant to sections 3.2(b), 5.2(b) or 6.2(b) herein, then SaskPower shall contribute an amount up to but not exceeding the Optional Road Funding Cap, toward the Direct Costs incurred by the City to design and construct the Optional Road, subject to prior satisfaction of the conditions described in section 7.5(b) (“Optional Road Funding”). (b) SaskPower’s obligation pursuant to section 7.5(a) is conditional upon the prior satisfaction of the following: i. SaskPower will only contribute to the City’s actual, reasonable, verified and documented Direct Costs paid by the City for the design and construction of the Optional Road. Direct Costs will be reduced by any Grant Funding attributable to the Optional Road prior to any contribution by SaskPower for the Optional Road Funding; ii. City shall provide SaskPower with sufficient documentation, in the opinion of SaskPower, to verify all actual third party Direct Costs for the design and construction of the Optional Road prior to invoicing SaskPower for any portion of the Optional Road Funding. SaskPower’s obligation to pay any invoice is subject to receipt of satisfactory documentation to verify all actual third party Direct Costs; iii. Under no circumstances will the Optional Road Funding exceed the Optional Road Funding Cap; and iv. Direct Costs for the Optional Road must be incurred and invoiced by the City prior to January 1, 2025. Any Direct Costs incurred or invoiced by the City after January 1, 2025 will not be eligible for the Optional Road Funding; SaskPower will not contribute any amount to the City for Optional Road Funding unless all of these conditions are satisfied in advance. (c) Subject to the prior satisfaction of all conditions contained in section 7.5(b), if on completion of construction, to SaskPower’s reasonable satisfaction, of the Optional Road, the amount paid by SaskPower to the City for Optional Road Funding is less than the Optional Road Funding Cap, then upon written request by the City, the Optional Road Funding may be expanded to include other roads in the Moose Jaw Industrial Park, which will be incorporated into Schedule H Optional Road and will remain subject to satisfaction of all of the conditions contained in section 7.5(b). In no event will SaskPower’s obligation related to Optional Road Funding exceed the Optional Road Funding Cap.

Optional Road Construction. (a) If the City receives Grant Funding, and a portion of such Grant Funding is applied towards the cost-share arrangements for the City’s Facilities pursuant to sections 3.2(b), 5.2(b) or 6.2(b) herein, then SaskPower shall contribute an amount up to but not exceeding the Optional Road Funding Cap, toward the Direct Costs incurred by the City to design and construct the Optional Road, subject to prior satisfaction of the conditions described in section 7.5(b) (“Optional Road Funding”). (b) SaskPower’s obligation pursuant to section 7.5(a) is conditional upon the prior satisfaction of the following: i. (i) SaskPower will only contribute to the City’s actual, reasonable, verified and documented Direct Costs paid by the City for the design and construction of the Optional Road. Direct Costs will be reduced by any Grant Funding attributable to the Optional Road prior to any contribution by SaskPower for the Optional Road Funding; (ii. ) City shall provide SaskPower with sufficient documentation, in the opinion of SaskPower, to verify all actual third party Direct Costs for the design and construction of the Optional Road prior to invoicing SaskPower for any portion of the Optional Road Funding. SaskPower’s obligation to pay any invoice is subject to receipt of satisfactory documentation to verify all actual third party Direct Costs; (iii. ) Under no circumstances will the Optional Road Funding exceed the Optional Road Funding Cap; and (iv. ) Direct Costs for the Optional Road must be incurred and invoiced by the City prior to January 1, 2025. Any Direct Costs incurred or invoiced by the City after January 1, 2025 will not be eligible for the Optional Road Funding; SaskPower will not contribute any amount to the City for Optional Road Funding unless all of these conditions are satisfied in advance. (c) Subject to the prior satisfaction of all conditions contained in section 7.5(b), if on completion of construction, to SaskPower’s reasonable satisfaction, of the Optional Road, the amount paid by SaskPower to the City for Optional Road Funding is less than the Optional Road Funding Cap, then upon written request by the City, the Optional Road Funding may be expanded to include other roads in the Moose Jaw Industrial Park, which will be incorporated into Schedule H Optional Road and will remain subject to satisfaction of all of the conditions contained in section 7.5(b). In no event will SaskPower’s obligation related to Optional Road Funding exceed the Optional Road Funding Cap.