Common use of Utility Adjustment Costs Clause in Contracts

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.