Special Utility Provisions Sample Clauses

Special Utility Provisions. DB Contractor acknowledges that the Price includes the following cost responsibility for Utility Adjustments in accordance with Texas Transportation Code § 203.092 as determined by the project type. Specifically, on highways on the National System of Interstate and Defense Highways where the relocation is eligible for federal participation, DB Contractor is responsible for 100% of eligible cost of Adjustments for both Owner-Managed and DB Contractor Managed Utility Agreements. Utility Adjustments on this Project are eligible for federal participation.
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Special Utility Provisions. 2.1.3.1. DB Contractor acknowledges that the Price includes the following cost responsibility for Utility Adjustments in accordance with Texas Transportation Code § 203.092 as determined by the project type. Specifically, on highways on the National System of Interstate and Defense Highways where the relocation is eligible for federal participation, DB Contractor is responsible for 100% of eligible cost of Adjustments for both Owner- Managed and DB Contractor Managed Utility Agreements. Utility Adjustments on this Project are eligible for federal participation. Notwithstanding anything to the contrary herein, if any of the City Utility Owners elects not to use DB Contractor to perform the applicable Utility Adjustments, DB Contractor shall not be responsible for paying directly to such City Utility Owner the costs of such Utility Adjustment, and TxDOT and DB Contractor will enter into a reductive Change Order removing such Utility Adjustments from the Work and decreasing the Price as set forth in Exhibit 24 to this DBA.
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Special Utility Provisions. 2.1.3.1. DB Contractor acknowledges that the Price includes the following cost responsibility for Utility Adjustments in accordance with Texas Transportation Code § 203.092 as determined by the project type. The Project is an interstate project. Pursuant to Texas Transportation Code § 203.092, the Utility relocations required by the Project, including the relocations of Utilities located on non-interstate roadways that intersect with the interstate roadway, are eligible for federal participation. Accordingly, DB Contractor is responsible for 100% of eligible costs of Utility Adjustments other than early Utility relocations.
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Special Utility Provisions. 2.1.3.1. Cost Responsibility DB Contractor acknowledges that the Price includes the following cost responsibility for Utility Adjustments (other than Austin Water Utilities) in accordance with Transportation Code § 203.092 as determined by the project type. Since the Project is on the State Highway system, DB Contractor shall be responsible at its expense for Utility Adjustments where the Utility Owner has a compensable interest in the land occupied by the Utility to be Adjusted. The Utility Owners will be responsible for the costs of any other Utility Adjustments in accordance with Transportation Code § 203.092.
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Special Utility Provisions. DB Contractor acknowledges that the Price includes the following cost responsibility for Utility Adjustments [on Segment ] in accordance with Texas Transportation Code § 203.092 as determined by the project type. [Option A: insert if Project is non-interstate turnpike. Specifically on toll roads, the following applies: (a) where the Utility Owner does not have a compensable property interest in the land occupied by the facility to be relocated, DB Contractor and the Utility Owner shall share equally (50% each) the cost of Adjustments for both Owner-Managed and DB Contractor-Managed Utility Agreements, and (b) where the Utility Owner has a compensable property interest in the land occupied by the facility to be relocated or where the Utility Adjustment is required due to the improvement of an interstate highway, DB Contractor is responsible for 100% of eligible cost of Adjustments for both Owner-Managed and DB Contractor Managed Utility Agreements.] [Option B: insert if Project is on interstate. Specifically, on highways on the National System of Interstate and Defense Highways where the relocation is eligible for federal participation, DB Contractor is responsible for 100% of eligible cost of Adjustments for both Owner-Managed and DB Contractor Managed Utility Agreements. Utility Adjustments on this Project are eligible for federal participation.] [Include any project-specific legal terms in respect of Utility Adjustments]
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Special Utility Provisions. 2.1.3.1 DB Contractor acknowledges that the Price includes the following cost responsibility for Utility Adjustments in accordance with Transportation Code 203.092 as determined by the project type. DB Contractor is responsible for 100% of eligible cost of Adjustments for both Owner-Managed and DB Contractor Managed Utility Agreements. Utility Adjustments on this Project are eligible for federal participation. This Section 2.1.3.1 does not limit any of the obligations of TxDOT to make payments under the Transmission Line Relocation Agreements as set forth in Section 2.1.3.2.
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Special Utility Provisions 
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Related to Special Utility Provisions

  • Additional Indemnity Provisions A. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY INDEMNITY CLAIM. GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS’ FEES. B. THE DEFENSE SHALL BE COORDINATED BY THE GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. C. GRANTEE SHALL REIMBURSE SYSTEM AGENCY AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COURT COSTS, ARISING FROM ANY SUCH CLAIM. IF THE SYSTEM AGENCY DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF GRANTEE OR IF SYSTEM AGENCY IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, SYSTEM AGENCY WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND GRANTEE SHALL PAY ALL REASONABLE COSTS OF SYSTEM AGENCY’S COUNSEL.

  • Maintenance of Insurance; Policy Provisions The Contractor, at no additional direct cost to NYSERDA, shall maintain or cause to be maintained throughout the term of this Agreement, insurance of the types and in the amounts specified in the Section hereof entitled Types of Insurance. All such insurance shall be evidenced by insurance policies, each of which shall: (a) except policies in evidence of insurance required under Section 11.02(b), name or be endorsed to cover NYSERDA, the State of New York and the Contractor as additional insureds; (b) provide that such policy may not be cancelled or modified until at least 30 days after receipt by NYSERDA of written notice thereof; and (c) be reasonably satisfactory to NYSERDA in all other respects.

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