Utility Adjustment Costs. 6.8.6.1 Subject to Section 6.8.1, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
6.8.6.2 For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 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 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 is advised that in some cases reimbursement of the Utility Owner's acquisition costs for a Replacement Utility Property Interest will satisfy this requirement. 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 Section 6.2. Developer shall carry out the same duties for acquisition of an Existing Utility Property I...
Utility Adjustment Costs. 5.5.4.1 Subject to Section 5.5.4.2 and Section 5.5.11, and except for (a) costs under Type 1 Utility Adjustments, (b) costs for acquisition of any other real property interests shown on the ROW Work Maps (for which IFA is responsible to acquire) and (c) as otherwise provided in Section 15.1 of the Technical Provisions, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing at its own cost the Utility Adjustment Work itself if permitted by the Utility Owner (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Adjustment for which the affected property owner has been compensated in connection with Project Right of Way acquisition). Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due to Developer for Betterment costs or other costs incurred by Developer for which the Utility Owner is responsible under applicable Law.
Utility Adjustment Costs. 6.8.6.1 Subject to Section 6.8.1, DB Contractor is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterments and any other costs for which the Utility Owner is responsible under applicable Law. DB Contractor shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any DB Contractor-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, DB Contractor has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant to Section 6.2). DB Contractor is solely responsible for collecting directly from the Utility Owner any reimbursement due to DB Contractor for Betterment costs or other costs incurred by DB Contractor for which the Utility Owner is responsible under applicable Law.
6.8.6.2 For each Utility Adjustment, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by DB Contractor, as well as the determination of any Betterment or other costs due to DB Contractor, shall be established in accordance with applicable Law and the applicable Utility Agreement(s), all of which shall incorporate by reference 23 CFR Part 645 Subpart A.
6.8.6.3 For each Utility Adjustment, DB Contractor shall (a)
Utility Adjustment Costs. 11.3.1 Subject to Sections 11.3.2 and 11.3.3, Developer is responsible for all costs of the Utility Adjustment Work, whether incurred by Developer or by the Utility Owner, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding (a) costs attributable to Betterment and (b) any costs for which the Utility Owner is responsible under applicable Law at the time of Adjustment (including Section 203.092 of the Texas Transportation Code). Developer shall fulfill its responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer- Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4.2 of the Technical Provisions) or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Adjustment for which the affected property owner has been compensated pursuant to Article 10). The Work shall include all work necessary to and including the service meter but does not include work downstream of the service meter.
Utility Adjustment Costs. 5.2.3.1 Developer is responsible for all costs of the Utility Adjustment Work. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost, or by reimbursing the Utility Owner for the Utility Adjustment Work. Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due for other costs for which the Utility Owner is considered responsible under Applicable Law or the relevant Utility Adjustment Agreement.
5.2.3.2 Subject to the terms of the Project Documents, if for any reason Developer is unable to collect any amounts due to Developer from any Utility Owner, then (a) the Authority shall have no liability for such amounts, (b) Developer shall have no right to collect such amounts from the Authority or to offset such amounts against amounts otherwise owing from Developer to the Authority, and (c) Developer shall have no right to suspend the Works or to exercise any other remedies against the Authority on account of such failure to pay.
5.2.3.3 For each Utility Adjustment, Developer shall maintain or cause (by way of contract and enforcement thereof) a Utility Owner to maintain cost records in accordance with the recordkeeping and audit requirements of the Project Documents and Applicable Law. Developer shall cause (by way of contract and enforcement thereof) each Utility Owner to provide a complete set of records of the Utility Owner’s costs incurred for any Utility Adjustment Work. All records maintained pursuant to this Section 5.2.3.3 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.
Utility Adjustment Costs. 4.5.3.1 Except for Betterment costs which are the responsibility of the Utility Owner and for other Utility Adjustment Work costs that may be the responsibility of the Utility Owner under applicable Law, and subject to Developer’s rights to claim a Relief Event for Utility Owner Delays pursuant to Section 4.5.7, Developer is responsible for all costs of the Utility Adjustment Work. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost, or by reimbursing the Utility Owner for the Utility Adjustment Work. Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due for Betterment costs or other costs for which the Utility Owner is considered responsible under applicable Law.
4.5.3.2 If for any reason Developer is unable to collect any amounts due to Developer from any Utility Owner, then (a) the Department shall have no liability for such amounts, (b) Developer shall have no right to collect such amounts from the Department or to offset such amounts against amounts otherwise owing from Developer to the Department, and
Utility Adjustment Costs. (a) Except as provided in Section 3.13.1 or Section 12, Developer is responsible for all costs of the Utility Adjustment Work, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding costs attributable to Betterment and any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill this responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer-Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4.2 of the Technical Provisions), or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Utility Adjustment for which the affected property owner has been compensated pursuant
Utility Adjustment Costs. 4.5.3.1 Except for Betterment costs which are the responsibility of the Utility Owner, Developer is responsible for all costs of the Utility Adjustment Work. Developer shall fulfill this responsibility either by performing the Utility Adjustments Work itself at its own cost, or by reimbursing the Utility Owner for the Utility Adjustment Work. Developer is solely responsible for collecting directly from the Utility Owner any reimbursement due for Betterment costs or other costs for which the Utility Owner is considered responsible under applicable Law.
4.5.3.2 If for any reason Developer is unable to collect any amounts due to Developer from any Utility Owner, then (a) the Department shall have no liability for such amounts, (b) Developer shall have no right to collect such amounts from the Department or to offset such amounts against amounts otherwise owing from Developer to the Department, and (c) Developer shall have no right to suspend the Work or to exercise any other remedies against the Department on account of such failure to pay.
Utility Adjustment Costs. 11.3.1 Subject to Sections 11.3.2 and 11.3.3, Developer is responsible for all costs of the Utility Adjustment Work, whether incurred by Developer or by the Utility Owner, including costs of acquiring Replacement Utility Property Interests and costs with respect to relinquishment or acquisition of Existing Utility Property Interests, but excluding (a) costs attributable to Betterment and (b) any costs for which the Utility Owner is responsible under applicable Law at the time of Adjustment (including Section 203.092 of the Texas Transportation Code). Developer shall fulfill its responsibility either by performing the Utility Adjustment Work itself at its own cost (except that any assistance provided by any Developer- Related Entity to the Utility Owner in acquiring Replacement Utility Property Interests shall be provided outside of the Work, in compliance with Section 6.2.4.2 of the Technical Provisions) or by reimbursing the Utility Owner for its Utility Adjustment Work (however, Developer has no obligation to reimburse Utility Adjustment costs for any Service Line Adjustment for which the affected property owner has been compensated pursuant to Article 10). The Work shall include all work necessary to and including the service meter but does not include work downstream of the service meter.
11.3.2 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 from a Utility Owner, shall be established in accordance with applicable Law (including Section 203.092 of the Texas Transportation
Utility Adjustment Costs. 5.5.4.1 Subject to Section 5.5.4.2 and except for (a) costs under Type 1 Utility Adjustments, (b) costs for acquisition of any other real property interests shown on the ROW Maps (for which IFA is responsible to acquire) and (c) as otherwise provided in Section
5.5.4.2 For each Utility Adjustment under Developer Utility Agreements, the eligibility of Utility Owner costs (both indirect and direct) for reimbursement by Developer, as well as the determination of any Betterment or other costs due to Developer, shall be established in accordance with applicable Law and the applicable IFA Utility Agreement(s) and Developer Utility Agreement(s).
5.5.4.3 Except for (a) costs under Type 1 Utility Adjustments, (b) costs for acquisition of any other real property interests shown on the ROW Maps (for which IFA is responsible to acquire) and (c) as otherwise provided in Section 18.1 of the Technical Provisions, Developer shall pay any compensation due to the Utility Owner and all costs and expenses associated therewith, and shall reimburse IFA for any such compensation and costs IFA pays to Utility Owners.
5.5.4.4 If for any reason Developer is unable to collect any amounts
