ROW Costs definition

ROW Costs means the actual amount paid or payable to a property owner for the acquisition of Project Right of Way and the Real Estate Rights as set forth in Section 2.1.6, which includes any relocation, settlement, or damage costs. For the avoidance of doubt, ROW Costs do not include any acquisition activities and/or property management services required for the acquisition of Project Right of Way and the Real Estate Rights as set forth in Section 2.1.6.
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ROW Costs means those reasonable and allocable (as defined below) net costs necessarily incurred by Builder at rates not higher than those customarily paid at the place of such activities. ROW Costs shall only include out-of-pocket costs which are actually incurred by Builder and which are reasonable and allocable to this Contract: (i) a cost is reasonable if its nature is generally recognized as ordinary and necessary for the conduct of Builder's business or the performance of this Contract, and the amount of such cost does not exceed that which would be incurred by an ordinarily prudent person in the conduct of a competitive business; (ii) a cost is allocable only if it is (a) incurred specifically for this Contract or (b) benefits both this Contract and other work of Builder, and then only in such amount as can be apportioned between this Contract and Builder's other work in reasonable proportion to the benefits received. Notwithstanding the provisions of the preceding two sentences, Builder's payments to ROW grantors shall not be subject thereto, but shall be subject to Section 3.2.C. If AT&T gives written notice within 30 days to Builder of its objection to the Builder Cost Notice, Builder and AT&T shall, within 15 days following such notice, attempt to resolve their differences and any resolution by them as to any disputed amounts shall be final, binding and conclusive. AT&T and its accountants shall have reasonable access during normal business hours to all relevant books and records and employees of Builder, without disrupting the business of Builder, to the extent required to complete resolution of any dispute regarding the Builder Cost Notice, and shall be permitted to review the work papers, if any, of Builder or its accountants relating thereto, subject to the execution of reasonable confidentiality agreements in connection therewith. If at the conclusion of such 15 day period, the ROW Costs remains in dispute, the matter shall be submitted, as soon as practicable, to a firm of independent public accountants of recognized national standing that is not the regular accounting firm of either Builder or AT&T (the "Neutral Auditors"), reasonably acceptable to Builder and AT&T. The Neutral Auditors shall act as an arbitrator to determine only those issues in dispute. The Neutral Auditors' determination shall be made within 15 days after their selection, shall be set forth in a written statement delivered to both AT&T and Builder and shall be final, binding and...
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ROW Costs means the total of all amounts paid by Gatherer to landowners for rights-of-way for System facilities constructed during the ROW Window, excluding any rights-of-way needed due to System design or construction errors not caused by Producer, errors in the modeling calculations and/or formulae used to determine the System facilities necessary to meet Gatherer’s obligations under this Agreement and RTP’s obligations under the Condensate Agreement, and/or topography impediments encountered by Gatherer requiring additional rights-of-way to route around such impediments.
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Examples of ROW Costs in a sentence

  • The Department will be responsible for all ROW Costs (including the Department’s and the landowner’s condemnation costs) associated with the 395 Department Assets.

  • The Department shall use such funds to pay ROW Costs (including the Department’s and the landowner’s condemnation costs) associated with the 395 Concessionaire Assets.

  • Except as noted in the prior sentence, the Concessionaire will not be responsible for the payment of any ROW Costs for the 395 Project.

  • If the Department reasonably believes the actual ▇▇▇▇ Ex ROW Costs will be greater than $2,500,000 then it will notify the Concessionaire in writing, and the Concessionaire will deposit with the Department additional funds in the amount requested by the Department within thirty (30) days of the written notice.

  • After all ▇▇▇▇ Ex ROW Costs have been paid, all remaining, unused funds on deposit with the Department with respect to ▇▇▇▇ Ex Row Costs shall be refunded to the Concessionaire within sixty (60) days.

  • If at any time the Department incurs ▇▇▇▇ Ex ROW Costs in excess of amounts deposited by the Concessionaire with the Department (including after the Department has refunded any remaining, unused balances or portions thereof) the Department will notify the Concessionaire in writing, and the Concessionaire will pay to the Department within thirty (30) days an amount equal to the ▇▇▇▇ Ex ROW Costs incurred by the Department in excess of amounts deposited by the Concessionaire.

  • On the ▇▇▇▇ Ex Financial Close Date, the Concessionaire will pay $2,500,000 to the Department to be deposited by the Department in a segregated account, to be used by the Department to pay (i) ROW Costs associated with the ▇▇▇▇ Ex Project, plus (ii) the Department’s reasonable and documented internal and external costs associated with ROW acquisition (inclusive of the Department’s condemnation costs), plus (iii) the landowner’s condemnation costs (collectively, the “▇▇▇▇ Ex ROW Costs”).

  • If at the conclusion of such 15 day period, the ROW Costs remains in dispute, the matter shall be submitted, as soon as practicable, to a firm of independent public accountants of recognized national standing that is not the regular accounting firm of either Builder or AT&T (the "Neutral Auditors"), reasonably acceptable to Builder and AT&T.

  • For purposes of this Section 10.3, "ROW Costs" shall mean those reasonable and allocable (as defined below) net costs necessarily incurred by Builder at rates not higher than those customarily paid at the place of such activities.

  • The ROW Costs incurred for acquisition of rights-of-way (including the Required ROW) shall be applied towards the ROW Allocation.