ROW Acquisition Costs Overage Sample Clauses

ROW Acquisition Costs Overage. (1) the Concessionaire will pay 100% of the ROW Acquisition Costs up to 110% of the ROW Baseline Cost; (2) the Concessionaire and the Department each will pay 50% of the ROW Acquisition Costs in excess of 110% but less than or equal to 120% of the ROW Baseline Cost; and (3) the Department will pay 100% of the ROW Costs in excess of 120% of the ROW Baseline Cost. EXECUTION VERSION – DECEMBER 5, 2011
ROW Acquisition Costs Overage. To the extent that the ROW Acquisition Costs are greater than the ROW Baseline Cost, the overage will be allocated as follows: (1) the DB Contractor will pay 100% of the ROW Acquisition Costs up to 110% of the ROW Baseline Cost; (2) the DB Contractor will pay 50% of the ROW Acquisition Costs in excess of 110% but less than or equal to 120% of the ROW Baseline Cost, and under the CA the Department is obligated to pay the remaining 50%; and (3) under the CA the Department is obligated to pay 100% of the ROW Costs in excess of 120% of the ROW Baseline Cost.