For each Utility Adjustment the eligibility of particular Utility Owner costs (both indirect and direct) for reimbursement by Developer and any credits due against those costs (e.g., for Betterment), as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law (including Section 203.092 of the Texas Transportation Code) and the applicable Utility Agreements, all of which shall incorporate by reference 23 CFR Part 645, Subpart A.
For each Utility Adjustment. Developer shall maintain or cause a Utility Owner to maintain cost records in accordance with the recordkeeping and audit requirements of the Contract Documents and applicable Law, including 23 CFR Part 645, Subpart A. Developer shall obtain from the Utility Owner a complete set of records of the Utility Owner’s costs incurred for any Utility Adjustment Work. All records maintained pursuant to this Section 4.5.3.3 shall be in a format compatible with any related estimates and in sufficient detail for analysis. For both Utility Owner costs and Developer costs, the totals for each cost category shall be shown in such manner as to permit comparison with the categories stated on the estimate.
For each Utility Adjustment. Developer shall compensate the Utility Company for each Existing Utility Property Interest relinquished, to the extent ADOT would be required to do so by applicable Law or to the extent required by the applicable Utility Agreement and provided that ADOT has approved the Utility Company's claim. Developer is advised that in some cases reimbursement of the Utility Company's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement.
For each Utility Adjustment. Developer shall compensate the Utility Owner for the fair market value of each Existing Utility Property Interest relinquished pursuant to Section 6.2.4.3 of the Technical Provisions, to the extent TxDOT would be required to do so by applicable Law and provided that TxDOT has approved the Utility Owner’s claim. Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith (including any incurred by TxDOT on Developer’s behalf for eminent domain proceedings or otherwise) in accordance with Article 10. Developer shall carry out the same duties for acquisition of an Existing Utility Property Interest, as are assigned to Developer in Article 10 (of this Agreement) and in Section 7 of the Technical Provisions for the acquisition of any other necessary real property interests.
