Common use of Cost and Financing of Mandatory Technology Enhancements Clause in Contracts

Cost and Financing of Mandatory Technology Enhancements. 8.2.1 Developer acknowledges and represents that the cost of Mandatory Technology Enhancements and future financing thereof are incorporated into the Financial Model. No Mandatory Technology Enhancement required to be performed prior to Substantial Completion shall entitle Developer to any claim against the Department. 8.2.2 Mandatory Technology Enhancements required to be performed after Substantial Completion may qualify as a Non-Discriminatory O&M Change or Discriminatory O&M Change, as applicable, under Section 5.2.2.

Cost and Financing of Mandatory Technology Enhancements. ‌ 8.2.1 Developer acknowledges and represents that the cost of Mandatory Technology Enhancements and future financing thereof are incorporated into the Financial Model. No Mandatory Technology Enhancement required to be performed prior to Substantial Completion shall entitle Developer to any claim against the Department. 8.2.2 Mandatory Technology Enhancements required to be performed after Substantial Completion Completion, except those necessary to correct defects, may qualify as a Non-Discriminatory O&M Change or Discriminatory O&M Change, as applicable, under Section 5.2.2.