Reimbursement for Certain Costs. TxDOT shall compensate Developer for 100% of Developer’s reasonable, out-of-pocket costs and expenses directly attributable to the handling, transport and removal of archeological and paleontological resources encountered in Developer’s construction of the Project or related Utility Adjustments (the “total chargeable archeological and paleontological costs”). The foregoing notwithstanding, none of the following costs and expenses shall be chargeable to TxDOT under this Section 12.4.1: (a) delay and disruption costs and expenses; (b) costs and expenses arising out of archeological and paleontological resources first discovered or encountered in a Project Segment or the corresponding portions of the General Purpose Lanes and Frontage Roads after Substantial Completion of the Project Segment (provided that the foregoing does not preclude compensation for amounts paid to the GPLCI Design-Build Contractor under the GPLCI Design-Build Contract pursuant to Section 25.1); (c) costs and expenses that could be avoided by the exercise of commercially reasonable efforts to mitigate and reduce cost; and (d) Developer’s administrative and overhead expenses arising out of or relating to archeological and paleontological resources.
Reimbursement for Certain Costs. TxDOT shall compensate Developer for 100% of Developer’s reasonable, out-of-pocket costs and expenses directly attributable to the handling, transport, removal and disposal of Pre-existing Hazardous Materials encountered by Developer. The foregoing notwithstanding, none of the following costs and expenses shall be chargeable to TxDOT under this
Reimbursement for Certain Costs. TxDOT shall compensate Developer for 100% of Developer’s reasonable, out-of-pocket costs and expenses directly attributable to the handling, transport, removal and disposal of Pre-existing Hazardous Materials encountered by Developer. The foregoing notwithstanding, none of the following costs and expenses shall be chargeable to TxDOT under this Section 12.3.2: (i) costs and expenses to the extent attributable to Developer Releases of Hazardous Materials or TxDOT Releases of Hazardous Materials (without prejudice to any rights in respect of a Compensation Event under clause (j) of the definition of Compensation Event); (ii) delay and disruption costs and expenses; (iii) costs and expenses that could be avoided by the exercise of commercially reasonable efforts to mitigate and reduce cost; and (iv) Developer’s administrative and overhead expenses arising out of or relating to Pre-existing Hazardous Materials.
Reimbursement for Certain Costs. The Supplier must not charge NSW RFS any fees, charges or expenses in addition to the Prices. NSW RFS is under no obligation to pay any amount in excess of the Prices. However, the NSW RFS will reimburse the Supplier for certain reasonable costs incurred by the Supplier in addition to paying the Price associated with the Service. The circumstances and conditions whereby a claim for reimbursement may be submitted are as follows:
(a) Costs associated with maintenance staff: NSW RFS will pay on approved Purchase Order or Interim Approval Reference for costs associated with contract engineers where required for urgent or extraordinary maintenance needs (e.g. where additional engineers are absolutely required to complete a maintenance task within a required timeframe) or any overtime costs where engineering staff are required to work in excess of rostered hours. These maintenance services requiring additional costs must be approved by the Manager, Operational Business and Procurement prior to being incurred. Supply Agreement for Maintenance and Management of NSW RFS Owned Aircraft – July 2018 30
(b) Costs associated with additional pilot for night operations: As at the Commencement Date the Supplier is required by CASA to conduct night operations only if it can deploy 2 pilots and, depending on the tasking, a Crewperson (Night Crew Requirement) for the operation. Compliance with the Night Crew Requirement may mean that when one Aircraft is Dispatched to conduct night operations that there is an impact on availability of the remaining Aircraft. While the Night Crew Requirement is in effect:
(i) If night operations are conducted using 1 Aircraft and there is an impact on availability or resourcing of the 2 remaining Aircraft, NSW RFS may either accept such impact on availability or pay on approved Purchase Order or Interim Approval Reference costs for additional Pilot and Crew Services in accordance with the Price set out in clause 3.6, Attachment 6.
(ii) The additional costs must be approved by the Manager, Operational Business and Procurement prior to being incurred.
(iii) The additional costs will only be approved if the pilot(s) are able to perform the Services within a reasonable time as determined by NSW RFS. The Supplier must notify the NSW RFS in writing immediately upon it receiving notice of a change to the Night Crew Requirement by CASA.
(c) Operating costs when completing a Dispatch: All standard operating costs incurred relating to operation of NSW R...
Reimbursement for Certain Costs
