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:

Appears in 6 contracts

Samples: Master Utility Adjustment Agreement, Master Utility Adjustment Agreement, Master Utility Adjustment Agreement

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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:

Appears in 2 contracts

Samples: Master Utility Adjustment Agreement, Master Utility Adjustment Agreement

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Betterment. (a) For purposes of this Agreement, the term “Betterment” means any upgrading of an Owner Utility being Adjusted 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 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:

Appears in 2 contracts

Samples: Project Utility Adjustment Agreement, Project Utility Adjustment Agreement

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