Common use of Utility Adjustment Costs Clause in Contracts

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.