Betterment. “Betterment” shall mean any upgrading of a replacement Facility that is made solely for the benefit of and at the election of the Facility Owner, including an increase in the capacity, capability, level of service, efficiency, duration or function of the replacement Facility over that which was provided by the existing Facility; provided, however, that the following are not considered Betterments in such cases: Any upgrading necessary for safe and effective construction of the HSR Project; replacement devices or materials that meet equivalent standards although they are not identical; replacement devices or materials no longer regularly manufactured with the next highest grade or size; any upgrading required by applicable laws; replacement devices or materials which are used for reasons of economy (e.g. non-stocked items may be uneconomical to purchase); or any upgrading required by the applicable standard specifications, standards of practice and construction methods applied to comparable facilities constructed by or for the Facility Owner at its own expenses, which are in effect as of the date of execution of the applicable Utility Agreement.
Betterment. Any work considered Betterment shall be agreed upon in advance by the Parties and detailed in a Utility Agreement along with costs and allocation of responsibility for such costs to the Facility Owner.
Betterment. If, due to MSA’s error, any required or necessary item or component of the project is omitted from the construction documents, MSA’s liability shall be limited to the reasonable costs of correction of the construction, less what OWNER’S cost of including the omitted item or component in the original construction would have been had the item or component not been omitted. It is intended by this provision that MSA will not be responsible for any cost or expense that provides betterment, upgrade, or enhancement of the project.
Betterment. (a) Paragraph 9(b) (Betterment and Salvage) of the Original Agreement is hereby amended to add the following [Check the one box that applies, and complete if appropriate]: The Adjustment of the Additional Owner Utilities, pursuant to the Plans as amended herein, does not include any Betterment.
Betterment. A betterment is any improvement to the Utility’s facilities not required by code, regulation, standard industry practice, or any other applicable regulation. If any of the Work constitutes a betterment as defined in the Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects, the Utility is solely responsible for the costs of such improvement.
Betterment. (a) For purposes of this Agreement, the term “Betterment” means any upgrading of an Owner Utility being Adjusted that is not attributable to the construction of the Project and is made solely for the benefit of and at the election of the Owner, including but not limited to an increase in the capacity, capability, efficiency or function of the Adjusted Utility over that provided by the existing Utility facility or an expansion of the existing Utility facility; provided, however, that the following are not considered Betterments:
Betterment. If, due to TRANSYSTEMS’s negligence, a required item or component of the Project is omitted from TRANSYSTEMS’s construction documents, TRANSYSTEMS shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. In no event will TRANSYSTEMS be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project.
Betterment. (a) For purposes of this Agreement, the term “Betterment” means any upgrading of an Owner Utility being adjusted that is not attributable to the construction of the Project and is made solely for the benefit of and at the election of the Owner, including but not limited to an increase in the capacity, capability, efficiency or function of the adjusted Utility over that provided by the existing Utility facility or an expansion of the existing Utility facility; provided, however, that the following are not considered Betterments:
(i) any upgrading which is required for accommodation of the Project;
(ii) replacement devices or materials that are of equivalent standards although not identical;
(iii) replacement of devices or materials no longer regularly manufactured with the next highest grade or size;
(iv) any upgrading required by applicable laws, regulations or ordinances;
(v) replacement devices or materials which are used for reasons of economy (e.g., non-stocked items may be uneconomical to purchase); or
(vi) any upgrading required by the Owner’s written “standards” meeting the requirements of Paragraph 3(a)(4). Any upgrading required by the Owner’s written “standards” meeting the requirements of Paragraph 3(a)(4) shall be deemed to be of direct benefit to the Project.
(b) It is understood and agreed that the Developer will not pay for any Betterments and that the Owner shall not be entitled to payment therefor. No Betterment may be performed in connection with the Adjustment of the Owner Utilities which is incompatible with the Project or the Ultimate Configuration or which cannot be performed within the other constraints of applicable law, any applicable governmental approvals, including without limitation the scheduling requirements thereunder. Accordingly, the parties agree as follows [check the one box that applies, and complete if appropriate]:
(i) The Adjustment of the Owner Utilities pursuant to the Plans does not include any Betterment.
Betterment. If a required item or component of the Owner’s project should be omitted from Engineer’s construction documents, Engineer shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. In no event will Engineer be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Owner’s project.
Betterment. If, as part of the Architect’s services, any required item or component of the project is omitted from the construction documents, the architect shall not be responsible for paying the cost to add such item or component. However, the architect shall be required to modify all necessary documents associated with the omitted item and the architect shall prepare any Change Order documents associated therewith.
