Common use of Utility Adjustment Costs Clause in Contracts

Utility Adjustment Costs. 7.5.4.1 Subject to Section 7.5.4.2, 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, and excluding (a) costs attributable to Betterment and (b) any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill its responsibility for Utility Adjustment Work costs 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 eligible costs of performing 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 Section 7.4). Developer shall collect direct from the Utility Owner any reimbursement due to Developer for Betterment costs or for other costs that are the Utility Owner’s responsibility under applicable Law.

Appears in 3 contracts

Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement

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Utility Adjustment Costs. 7.5.4.1 Subject to Section 7.5.4.2, 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, and excluding (a) costs attributable to Betterment and (b) any other costs for which the Utility Owner is responsible under applicable Law. Developer shall fulfill its responsibility for Utility Adjustment Work costs 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 eligible costs of performing 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 Section 7.4). Developer shall collect direct from the Utility Owner any reimbursement due to Developer for Betterment costs or for other costs that are the Utility Owner’s responsibility under applicable Lawlaw.

Appears in 1 contract

Samples: Comprehensive Development Agreement

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