Common use of FHWA Utility Requirements Clause in Contracts

FHWA Utility Requirements. Unless IFA advises Developer otherwise, the Project will be subject to, and Developer shall comply with, 23 CFR Part 645 Subpart A (including its requirements as to plans, specifications, estimates, charges, tracking of costs, credits, xxxxxxxx, records retention, and audit) and FHWA's associated policies. Developer Utility Agreements for Utilities in the Project shall incorporate by reference 23 CFR Part 645 Subparts A and B, and assign the obligations arising pertaining thereto. Developer shall comply (and shall require the Utility Owners to comply) with 23 CFR Part 645 Subparts A and B as necessary for any Utility Adjustment costs to be eligible for reimbursement from any federal financing or funding. Developer acknowledges, however, that without regard to whether such compliance is required, (a) it is not anticipated that Developer will be eligible for FHWA reimbursement of any Utility Adjustment outlays other than from any federal financing or funding, if any, and (b) Developer will not have any share in any reimbursement from FHWA or other federal financing or funding that IFA may receive on account of Utility Adjustments.

FHWA Utility Requirements. Unless IFA advises Developer otherwise, the Project East End Crossing will be subject to, and Developer shall comply with, 23 CFR Part 645 Subpart A (including its requirements as to plans, specifications, estimates, charges, tracking of costs, credits, xxxxxxxx, records retention, and audit) and FHWA's associated policies. Developer Utility Agreements for Utilities in the Project East End Crossing shall incorporate by reference 23 CFR Part 645 Subparts A and B, and assign the obligations arising pertaining thereto. Developer shall comply (and shall require the Utility Owners to comply) with 23 CFR Part 645 Subparts A and B as necessary for any Utility Adjustment costs to be eligible for reimbursement from the Federal-Aid Amount (or from any other federal financing or funding). Developer acknowledges, however, that without regard to whether such compliance is required, (a) it is not anticipated that Developer will be eligible for FHWA reimbursement of any Utility Adjustment outlays other than from any federal financing or fundingthe Federal-Aid Amount and/or TIFIA financing, if any, and (b) Developer will not have any share in any reimbursement from FHWA or other federal financing or funding that IFA may receive on account of Utility AdjustmentsAdjustments (other than the Federal-Aid Amount).

FHWA Utility Requirements. ‌ Unless IFA advises Developer otherwise, the Project East End Crossing will be subject to, and Developer shall comply with, 23 CFR Part 645 Subpart A (including its requirements as to plans, specifications, estimates, charges, tracking of costs, credits, xxxxxxxx, records retention, and audit) and FHWA's associated policies. Developer Utility Agreements for Utilities in the Project East End Crossing shall incorporate by reference 23 CFR Part 645 Subparts A and B, and assign the obligations arising pertaining thereto. Developer shall comply (and shall require the Utility Owners to comply) with 23 CFR Part 645 Subparts A and B as necessary for any Utility Adjustment costs to be eligible for reimbursement from the Federal-Aid Amount (or from any other federal financing or funding). Developer acknowledges, however, that without regard to whether such compliance is required, (a) it is not anticipated that Developer will be eligible for FHWA reimbursement of any Utility Adjustment outlays other than from any federal financing or fundingthe Federal-Aid Amount and/or TIFIA financing, if any, and (b) Developer will not have any share in any reimbursement from FHWA or other federal financing or funding that IFA may receive on account of Utility AdjustmentsAdjustments (other than the Federal-Aid Amount).

FHWA Utility Requirements. Unless IFA advises Developer otherwise, the Project East End Crossing will be subject to, and Developer shall comply with, 23 CFR Part 645 Subpart A (including its requirements as to plans, specifications, estimates, charges, tracking of costs, credits, xxxxxxxx, records retention, and audit) and FHWA's associated policies. Developer Utility Agreements for Utilities in the Project East End Crossing shall incorporate by reference 23 CFR Part 645 Subparts A and B, and assign the obligations arising pertaining thereto. Developer shall comply (and shall require the Utility Owners to comply) with 23 CFR Part 645 Subparts A and B as necessary for any Utility Adjustment costs to be eligible for reimbursement from the Federal-Aid Amount (or from any other federal financing or funding). Developer acknowledges, however, that without regard to whether such compliance is required, (a) it is not anticipated that Developer will be eligible for FHWA reimbursement of any Utility Adjustment outlays other than from any federal financing or fundingthe Federal-Aid Amount and/or TIFIA financing, if any, and (b) Developer will not have any share in any reimbursement from FHWA or other federal financing or funding that IFA may receive on account of Utility AdjustmentsAdjustments (other than the Federal-Aid Amount).