Utility Accommodation. 6.1.4.1 It is anticipated that from time to time during the course of the Operating Period, Utility Owners will apply for additional utility permits to install new Utilities that would cross or longitudinally occupy the Project Right of Way, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Right of Way. In such circumstances, the provisions of Section 5.5.8 shall apply, including the application of Section 8.2 to those circumstances where IFA is pursuing a Business Opportunity involving a Utility in the Project Right of Way. 6.1.4.2 Throughout the Operating Period, Developer shall monitor Utilities and Utility Owners within the Project Right of Way that are within the O&M Limits for compliance with applicable utility permits, Utility Agreements, easements, and applicable Law, and shall use diligent efforts to obtain the cooperation of each Utility Owner having Utilities within the Project Right of Way that is within the O&M Limits. If (a) Developer reasonably believes that any Utility Owner is not complying with the terms of a utility permit, Utility Agreement, easement, or applicable Law affecting a Utility within the Project Right of Way, or (b) any other dispute arises between Developer and a Utility Owner with respect to a Utility within the Project Right of Way that is within the O&M Limits, despite Developer having exercised its diligent efforts to obtain the Utility Owner’s cooperation, Developer shall promptly notify IFA, and IFA and Developer shall work together in the manner described in Section 5.5.7; provided, however, that the "conditions to assistance" (as that term is used in Section 5.5.7.2) are that Developer shall provide evidence reasonably satisfactory to IFA that (i) Developer's position in the dispute is reasonable, (ii) Developer has made diligent efforts to obtain the Utility Owner's cooperation, and (iii) the Utility Owner is not cooperating. With respect to the Parties' rights and obligations described in Section 5.5.7.3, for purposes of this Section 6.1.4.2 the conditions to assistance described in clause (i) of the preceding sentence shall be treated in the same manner as those described in Sections 5.5.7.2 (a) and (b), and the conditions to assistance described in clauses (ii) and (iii) of the preceding sentence shall be treated in the same manner as those described in Sections 5.5.7.2 (c) and (d). 6.1.4.3 At Developer’s request, IFA and Developer shall work jointly to establish a scope of work and budget for IFA’s Recoverable Costs in connection with providing such assistance to Developer. Subject to any agreed scope of work and budget, Developer shall reimburse IFA for IFA’s Recoverable Costs in connection with providing such assistance to Developer (including all reasonable costs of litigation if IFA agrees to pursue litigation against a Utility Owner).
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Samples: Public Private Agreement, Public Private Agreement, Public Private Agreement
Utility Accommodation.
6.1.4.1 It is anticipated that from time to time during the course of the Operating Period, Utility Owners will apply for additional utility permits to install new Utilities that would cross or longitudinally occupy the Project Right of Way, or to modify, repair, upgrade, relocate or expand existing Utilities within the Project Right of Way. In such circumstances, the provisions of Section 5.5.8 shall apply, including the application of Section 8.2 to those circumstances where IFA is pursuing a Business Opportunity involving a Utility in the Project Right of Way.
6.1.4.2 Throughout the Operating Period, Developer shall monitor Utilities and Utility Owners within the Project Right of Way that are within the O&M Limits for compliance with applicable utility permits, Utility Agreements, easements, and applicable Law, and shall use diligent efforts to obtain the cooperation of each Utility Owner having Utilities within the Project Right of Way that is within the O&M Limits. If (a) Developer reasonably believes that any Utility Owner is not complying with the terms of a utility permit, Utility Agreement, easement, or applicable Law affecting a Utility within the Project Right of Way, or (b) any other dispute arises between Developer and a Utility Owner with respect to a Utility within the Project Right of Way that is within the O&M Limits, despite Developer having exercised its diligent efforts to obtain the Utility Owner’s cooperation, Developer shall promptly notify IFA, and IFA and Developer shall work together in the manner described in Section 5.5.7; provided, however, that the "conditions to assistance" (as that term is used in Section 5.5.7.25.5.7) are that Developer shall provide evidence reasonably satisfactory to IFA that (i) Developer's position in the dispute is reasonable, (ii) Developer has made diligent efforts to obtain the Utility Owner's cooperation, and (iii) the Utility Owner is not cooperating. With respect to the Parties' rights and obligations described in Section 5.5.7.3, for purposes of this Section 6.1.4.2 the conditions to assistance described in clause (i) of the preceding sentence shall be treated in the same manner as those described in Sections 5.5.7.2 (a) and (b), and the conditions to assistance described in clauses (ii) and (iii) of the preceding sentence shall be treated in the same manner as those described in Sections 5.5.7.2 (c) and (d).
6.1.4.3 At Developer’s request, IFA and Developer shall work jointly to establish a scope of work and budget for IFA’s Recoverable Costs in connection with providing such assistance to Developer. Subject to any agreed scope of work and budget, Developer shall reimburse IFA for IFA’s Recoverable Costs in connection with providing such assistance to Developer (including all reasonable costs of litigation if IFA agrees to pursue litigation against a Utility Owner).Section
Appears in 1 contract
Samples: Public Private Agreement
