Common use of Utility Adjustment Costs Clause in Contracts

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.