Common use of Betterment Clause in Contracts

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. (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 DB Contractor 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. (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, law and 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. (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 Facility 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 ProjectFacility; (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)(43(d). Any upgrading required by the Owner’s written “standards” meeting the requirements of Paragraph 3(a)(43(d) shall be deemed to be of direct benefit to the ProjectFacility. (b) It is understood and agreed that neither the Developer nor the Design-Build Contractor 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 Facility or the Ultimate Configuration or which cannot be performed within the other constraints of applicable law, any applicable governmental approvals, and the requirements imposed on the Developer by the CDA, 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. (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 DeveloperDB Contractor 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. (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). [Include the following for fiber optic Owner Utilities only:] Extension of an Adjustment to the nearest splice boxes shall not be considered a Betterment if required by the Owner in order to maintain its written telephony standards. 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 DB Contractor 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. (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 Standards; or (vii) any discretionary decision by a Utility Owner that is contemplated within a particular Owner’s Standard. If Adjustment is to fiber optic Owner Utilities, then the extension of an Adjustment to the nearest splice boxes shall not be considered a Betterment if required by the Owner in order to maintain its written “telephony 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) Standards 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, and the requirements imposed on the Developer by the DA, 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.