Project Enhancement definition
Examples of Project Enhancement in a sentence
Responsibility for and cost of obtaining Governmental Approvals necessitated by a Department Change or a Department Project Enhancement will be as agreed to and specified in the accompanying Change Order.
Such notice will be brought within 30 Days after a claim for Developer Damages or, if no claim is brought by the Developer for Developer Damages, within 30 Days after the occurrence of the Compensation Event or, in the case of a Project Enhancement, within 30 Days after the Commencement of Use of the Project Enhancement.
In the event that the Concessionaire determines not to pursue the construction of new HOT Lanes or toll lanes or the Department does not approve such Project Enhancement, and the Department adds Additional Traffic Lanes (whether general purpose or tolled), such Additional Traffic Lanes shall be a Department Project Enhancement.
If the aggregate amounts awarded by the court exceeds the amount deposited to the Project Enhancement Account for condemnation, the Department will pay to the Developer the amount necessary to fund such excess.
Following the conclusion of all condemnation proceedings related to the Project, the Developer will be entitled to any condemnation funds remaining in the Project Enhancement Account.
To the extent there are amounts on deposit in the Project Enhancement Account, such payments shall be made first from the Project Enhancement Account and the interest due shall be calculated based on the average earnings rate on the Project Enhancement Account, during such period.
If a Department Change results in Concessionaire Damages, the Department shall compensate the Concessionaire in accordance with Sections 13.02 and 13.03; provided, that any Positive Revenue resulting from a Department Change shall be shared equally between the Concessionaire and the Department, in addition to and without regard to any amounts payable under Article 5, and the Department’s share of such Positive Revenue shall be paid by the Concessionaire and deposited in the Project Enhancement Account.
For the avoidance of doubt, the Department shall not issue a Directive Letter requiring the Developer to implement any Department Project Enhancement.
The Department will not be responsible for any construction means and methods of the Developer or liability ensuing therefrom, unless such means and methods were directed by the Department pursuant to a Department Change or a Department Project Enhancement implemented by the Developer.
The Concessionaire will carry out any construction activities on the Project or with respect to any Project Enhancement in accordance with a TMP to be developed by the Concessionaire and in coordination with the Department.