Common use of Utility Agreements Clause in Contracts

Utility Agreements. ‌ 5.5.2.1 Prior to the Effective Date IFA entered into the IFA Utility Agreements described in Section 15 to the Technical Provisions. Each IFA Utility Agreement identifies, in concept, the portion of the Utility Adjustment Work for which Developer and the Utility Owner, respectively, will be responsible. Each IFA Utility Agreement also identifies the basis for compensation, preliminary engineering agreements, extent of design reviews, allowable Utility Adjustment Work by Developer or its utility Contractor, and other basic information. Developer is hereby delegated, and hereby accepts, the responsibilities and obligations of IFA under the IFA Utility Agreements. Developer shall comply with, be bound by and timely perform all such responsibilities and obligations except to the extent specifically subsequently changed by a Developer Utility Agreement between Developer and the applicable Utility Owner, only if such Developer Utility Agreement expressly relieves IFA for default or other liability under the IFA Utility Agreement with such applicable Utility Owner with respect to the changed responsibility or obligation, and so long as Developer provides Notice to IFA of such change in the delegated IFA responsibilities and obligations under the IFA Utility Agreement (with an executed copy of such subsequent Developer Utility Agreement attached to such Notice, certified as true and correct by such Utility Owner) no later than ten (10) days after the effective date of such Developer Utility Agreement.

Appears in 4 contracts

Samples: Public Private Agreement, Public Private Agreement, Public Private Agreement

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Utility Agreements. ‌ 5.5.2.1 Prior to the Effective Date IFA entered into the IFA Utility Agreements described in Section 15 to the Technical Provisions. Each IFA Utility Agreement identifies, in concept, the portion of the Utility Adjustment Work for which Developer and the Utility Owner, respectively, will be responsible. Each IFA Utility Agreement also identifies the basis for compensation, preliminary engineering agreements, extent of design reviews, allowable Utility Adjustment Work by Developer or its utility Contractor, and other basic information. Developer is hereby delegated, and hereby xxxxxx accepts, the responsibilities and obligations of IFA under the IFA Utility Agreements. Developer shall comply with, be bound by and timely perform all such responsibilities and obligations except to the extent specifically subsequently changed by a Developer Utility Agreement between Developer and the applicable Utility Owner, only if such Developer Utility Agreement expressly relieves IFA for default or other liability under the IFA Utility Agreement with such applicable Utility Owner with respect to the changed responsibility or obligation, and so long as Developer provides Notice to IFA of such change in the delegated IFA responsibilities and obligations under the IFA Utility Agreement (with an executed copy of such subsequent Developer Utility Agreement attached to such Notice, certified as true and correct by such Utility Owner) no later than ten (10) days after the effective date of such Developer Utility Agreement.

Appears in 4 contracts

Samples: Public Private Agreement, Public Private Agreement, Public Private Agreement

Utility Agreements. 5.5.2.1 Prior to the Effective Date IFA entered into the IFA Utility Agreements described in Section 15 18 to the Technical Provisions. Each IFA Utility Agreement identifies, in concept, the portion of the Utility Adjustment Work for which Developer and the Utility Owner, respectively, will be responsible. Each IFA Utility Agreement also identifies the basis for compensation, preliminary engineering agreements, extent of design reviews, allowable Utility Adjustment Work by Developer or its utility Contractor, and other basic information. Developer is hereby delegated, and hereby accepts, the responsibilities and obligations of IFA under the IFA Utility Agreements. Developer shall comply with, be bound by and timely perform all such responsibilities and obligations except to the extent specifically subsequently changed by a Developer Utility Agreement between Developer and the applicable Utility Owner, only if such Developer Utility Agreement expressly relieves IFA for default or other liability under the IFA Utility Agreement with such applicable Utility Owner with respect to the changed responsibility or obligation, and so long as Developer provides Notice to IFA of such change in the delegated IFA responsibilities and obligations under the IFA Utility Agreement (with an executed copy of such subsequent Developer Utility Agreement attached to such Notice, certified as true and correct by such Utility Owner) no later than ten (10) days after the effective date of such Developer Utility Agreement.

Appears in 2 contracts

Samples: Public Private Agreement, Public Private Agreement

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Utility Agreements. 5.5.2.1 Prior to the Effective Date IFA entered into the IFA Utility Agreements described in Section 15 to the Technical Provisions. Each IFA Utility Agreement identifies, in concept, the portion of the Utility Adjustment Work for which Developer and the Utility Owner, respectively, will be responsible. Each IFA Utility Agreement also identifies the basis for compensation, preliminary engineering agreements, extent of design reviews, allowable Utility Adjustment Work by Developer or its utility Contractor, and other basic information. Developer is hereby delegated, and hereby accepts, the responsibilities and obligations of IFA under the IFA Utility Agreements. Developer shall comply with, be bound by and timely perform all such responsibilities and obligations except to the extent specifically subsequently changed by a Developer Utility Agreement between Developer and the applicable Utility Owner, only if such Developer Utility Agreement expressly relieves IFA for default or other liability under the IFA Utility Agreement with such applicable Utility Owner with respect to the changed responsibility or obligation, and so long as Developer provides Notice to IFA of such change in the delegated IFA responsibilities and obligations under the IFA Utility Agreement (with an executed copy of such subsequent Developer Utility Agreement attached to such Notice, certified as true and correct by such Utility Owner) no later than ten (10) days after the effective date of such Developer Utility Agreement.

Appears in 1 contract

Samples: Public Private Agreement

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