Common use of Cost Agreement Clause in Contracts

Cost Agreement. The Cost Agreement will be held in abeyance during the term of the franchise, and re-effective on the date of filing a condemnation petition if Boulder decides to opt-out of the franchise as provided in the Franchise Agreement, with the following agreements related to incurrence of costs under the Cost Agreement: 1. Except as otherwise provided below or otherwise agreed by the Parties, PSCo will perform no services or other work related to Boulder’s municipalization while the Cost Agreement is held in abeyance. 2. Boulder will not be required to pay for any work performed by PSCo during the abeyance period, except as otherwise provided below or unless mutually agreed upon by the Parties or ordered by the PUC or court of competent jurisdiction. 3. The Parties will work in good faith to resolve any dispute under the Cost Agreement and return any overpayment prior to the effective date of the Franchise Agreement pursuant to the dispute resolution provisions of the Cost Agreement.