Common use of Utility Adjustment Costs Clause in Contracts

Utility Adjustment Costs. 7.5.4.1 Subject to Section 7.5.4.2, Developer is responsible for all costs of the Utility Adjustment Work, whether incurred by Developer or by the Utility Owner, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, and excluding (a) costs attributable to Betterment and (b) any other costs for which the Utility Owner is responsible under applicable Law at the time of Adjustment. The Parties agree that as of the Proposal Due Date, under Texas Transportation Code Section 203.092 the Utility Owner is responsible for 50% of the costs of Utility Adjustment Work, except for (i) Adjustments required for any portion of the Facility that is being constructed as part of an interstate highway, (ii) Adjustments as to which the Utility Owner has a compensable property interest in the land occupied by the Utility to be Adjusted, and (iii) Adjustments completed on or after September 1, 2013 which do not fall within either of the previous two exceptions. As of the Proposal Due Date Texas Transportation Code Section 203.092 further provides that for the exceptions under clauses (i) and (ii) above, the Utility Owner is responsible for none of the costs of the Utility Adjustment Work and for the exception under clause (iii) above, the Utility Owner is responsible for 100% of the costs of the Utility Adjustment Work. Developer shall fulfill its responsibility for all or part of the costs of Utility Adjustment Work either by performing the Utility Adjustment Work itself at its own cost (although Developer may seek reimbursement from the Utility Owner for its share, if any, of such costs and except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for Developer’s share of the Utility Owner’s eligible costs of performing Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Adjustment for which the affected property owner has been compensated pursuant to Section 7.4). Developer shall collect direct from the Utility Owner any reimbursement due to Developer for Betterment costs or for other costs that are the Utility Owner’s responsibility under applicable Law.

Utility Adjustment Costs. 7.5.4.1 Subject to Section 7.5.4.2, Developer Design-Build Contractor is responsible for all costs of the Utility Adjustment Work, whether incurred by Developer or by the Utility Owner, including costs of acquiring Utility Easements, Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, and but excluding (a) costs for acquisition of any other real property interests shown on the ROW Plans (for which IFA is responsible to acquire), (b) costs attributable to Betterment Betterments, and (bc) any other costs for which the Utility Owner is responsible under applicable Law at the time of AdjustmentGovernmental Rules. The Parties agree that as of the Proposal Due Date, under Texas Transportation Code Section 203.092 the Utility Owner is responsible for 50% of the costs of Utility Adjustment Work, except for (i) Adjustments required for any portion of the Facility that is being constructed as part of an interstate highway, (ii) Adjustments as to which the Utility Owner has a compensable property interest in the land occupied by the Utility to be Adjusted, and (iii) Adjustments completed on or after September 1, 2013 which do not fall within either of the previous two exceptions. As of the Proposal Due Date Texas Transportation Code Section 203.092 further provides that for the exceptions under clauses (i) and (ii) above, the Utility Owner is responsible for none of the costs of the Utility Adjustment Work and for the exception under clause (iii) above, the Utility Owner is responsible for 100% of the costs of the Utility Adjustment Work. Developer Design-Build Contractor shall fulfill its this responsibility for all or part of the costs of Utility Adjustment Work either by performing at its own cost the Utility Adjustment Work itself at its own cost (although Developer may seek reimbursement from if permitted by the Utility Owner for its share, if any, of such costs and (except that any assistance provided by any DeveloperDB-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for Developer’s share of the Utility Owner’s eligible costs of performing its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs Work. Design-Build Contractor is solely responsible for any Service Line Adjustment for which the affected property owner has been compensated pursuant to Section 7.4). Developer shall collect direct collecting directly from the Utility Owner any reimbursement due to Developer Design-Build Contractor for Betterment costs or for other costs that are incurred by Design-Build Contractor for which the Utility Owner is responsible under applicable Law. For each Utility Adjustment under Utility Agreements, the eligibility of Utility Owner costs (both indirect and direct, including inspection and review costs) for reimbursement by Design-Build Contractor, as well as the determination of any Betterment or other costs due to Design-Build Contractor, shall be established in accordance with applicable Governmental Rules, including rules pertaining to Existing Utility Property Interests, and the applicable Utility Agreement(s). Except for costs for acquisition of any other real property interests shown on the ROW Plans (for which IFA is responsible to acquire), Design- Build Contractor shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith. If for any reason Design-Build Contractor is unable to collect any amounts due to Design-Build Contractor from any Utility Owner, then (a) IFA shall have no liability for such amounts, (b) Design-Build Contractor shall have no right to collect such amounts from IFA or to offset such amounts against amounts otherwise owing from Design-Build Contractor to IFA, and (c) Design-Build Contractor shall have no right to stop Work, sue for mandamus, or to exercise any other remedies against IFA on account of such failure to pay. If any local Governmental Entity is participating in any portion of Utility Adjustment costs, Design-Build Contractor shall coordinate with IFA and such local Governmental Entity regarding accounting for and approval of those costs. Design-Build Contractor shall maintain a complete set of records for the costs of each Utility Adjustment under each Utility Agreement (whether incurred by Design-Build Contractor or by the Utility Owner’s responsibility ), in a format compatible with the estimate attached to the applicable Utility Agreement and in sufficient detail for analysis. For both Utility Owner costs and Design-Build Contractor costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate. Design-Build Contractor shall also indicate in these records the source of funds used for each such Utility Adjustment under applicable Laweach Utility Agreement. All records with respect to Utility Adjustment Work shall comply with the record keeping and audit requirements of the PPA Documents.

Utility Adjustment Costs. 7.5.4.1 6.8.7.1. Subject to Section 7.5.4.26.8.1, Developer DB Contractor is responsible for all costs of the Utility Adjustment Work, whether incurred by Developer or by the Utility Owner, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, and but excluding (a) costs attributable to Betterment and (b) any other costs for which the Utility Owner is responsible under applicable Law at the time of Adjustment. The Parties agree that as of the Proposal Due DateLaw, under Texas Transportation Code Section 203.092 the Utility Owner is responsible for 50% of the (b) costs of Utility Adjustment Work, except any reimbursements to Oncor payable under the Oncor Agreement for (i) Adjustments required for any portion of the Facility that is being constructed as part of an interstate highway, (ii) Adjustments as to which the Utility Owner has a compensable property interest in the land occupied by the Utility to be AdjustedOncor Transmission Lines Relocation, and (iiic) Adjustments completed on or after September 1, 2013 which do not fall within either of the previous two exceptions. As of the Proposal Due Date Texas Transportation Code Section 203.092 further provides that for the exceptions under clauses (i) and (ii) above, the Utility Owner is responsible for none of the costs of the any Utility Adjustment Work and for required to be performed by TxDOT or its agent under the exception under clause (iii) above, the Utility Owner is responsible for 100% of the costs of the Utility Adjustment WorkOncor Agreement. Developer DB Contractor shall fulfill its this responsibility for all or part of the costs of Utility Adjustment Work either by performing the Utility Adjustment Work itself at its own cost (although Developer may seek reimbursement from the Utility Owner for its share, if any, of such costs and except that any assistance provided by any DeveloperDB Contractor-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4.2 6.2.4 of the Technical Provisions, and that DB Contractor shall be reimbursed by TxDOT for the actual cost of any Utility Adjustment Work required to be performed under the Oncor Agreement that is performed or furnished by DB Contractor, in accordance with Section 6.8.4.5), or by reimbursing the Utility Owner for Developer’s share of the Utility Owner’s eligible costs of performing its Utility Adjustment Work (however, Developer DB Contractor has no obligation to reimburse Oncor for Oncor Transmission Lines Relocation costs or to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 7.46.2). Developer shall collect direct DB Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer DB Contractor for Betterment costs or for other costs that are incurred by DB Contractor for which the Utility Owner’s responsibility Owner is responsible under applicable Law.

Utility Adjustment Costs. 7.5.4.1 Subject to Section 7.5.4.2Sections 7.5.4.2 and 7.5.4.7, Developer is responsible for all costs of the Utility Adjustment Work, whether incurred by Developer or by the Utility Owner, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, and excluding (a) costs attributable to Betterment and (b) any other costs for which the Utility Owner is responsible under applicable Law at the time of Adjustment. The Parties agree that as of the Proposal Due Effective Date, under Texas Transportation Code Code, Section 203.092 the Utility Owner is responsible for 50% of the costs of Utility Adjustment Work, except for (i) Adjustments required for any portion of the Facility that is being constructed as part of an interstate highway, (ii) Adjustments as to which the Utility Owner has a compensable property interest in the land occupied by the Utility to be Adjusted, and (iii) Adjustments completed on or after September 1, 2013 which do not fall within either of the previous two exceptions. As of the Proposal Due Date Texas Effective Date, Transportation Code Code, Section 203.092 further provides that for the exceptions under clauses (i) and (ii) above, the Utility Owner is responsible for none of the costs of the Utility Adjustment Work and for the exception under clause (iii) above, the Utility Owner is responsible for 100% of the costs of the Utility Adjustment Work. Subject to Sections 7.5.4.7 and 25.5.3, Developer shall fulfill its responsibility for all or part of the costs of Utility Adjustment Work either by performing the Utility Adjustment Work itself at its own cost (although Developer may seek reimbursement from the Utility Owner for its share, if any, of such costs and except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for Developer’s share of the Utility Owner’s eligible costs of performing Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Adjustment for which the affected property owner has been compensated pursuant to Section 7.4). Developer shall collect direct from the Utility Owner any reimbursement due to Developer for Betterment costs or for other costs that are the Utility Owner’s responsibility under applicable Law.