Utility Adjustment Risk. Except with respect to Developer’s rights to claim a Relief 22 Event for Utility Company Delays pursuant to Section 14.4.4, for Inaccurate Utility 23 Information pursuant to Section 14.4.5, or for ADOT-Caused Delay respecting ADOT 24 Utility Adjustments, Developer shall not be entitled to submit a Claim for Extra Work 25 Costs, Delay Costs, Completion Deadline adjustment or other relief related to the Utility 26 Adjustment Work, inaccuracy of the Utility Information or Utilities located within or 27 outside the Project ROW or otherwise impacted by, or having an impact on, the Project 28 or the Work.
Utility Adjustment Risk. 5.2.5.1 Except with respect to DBT’s rights to claim a Relief Event for Unknown Utilities, DBT shall not be entitled to an increase in the Contract Price, a Completion Deadline adjustment or any other Claim or Relief Event related to the Utility Adjustment Work, inaccuracy of the Utility Information or Utilities located within or outside the Schematic ROW or otherwise impacted by, or having an impact on, the Project or the Work.
5.2.5.2 If DBT changes its design or construction after a Utility Adjustment has been commenced or completed, and the change in design or construction results in the need for additional Utility Adjustment Work, DBT shall be responsible for the cost of design and construction of the additional Utility Adjustment Work. DBT shall not be entitled to an increase in the Contract Price, Completion
Utility Adjustment Risk. Except with respect to Developer’s rights to claim a Relief 38 Event for Utility Company Delays pursuant to Section 14.4.4, for Inaccurate Utility 39 Information pursuant to Section 14.4.5, or for ADOT-Caused Delay respecting ADOT 40 Utility Adjustments, Developer shall not be entitled to submit a Claim for Extra Work 1 Costs, Delay Costs, Completion Deadline adjustment or other relief related to the Utility 2 Adjustment Work, inaccuracy of the Utility Information or Utilities located within or 3 outside the Project ROW or otherwise impacted by, or having an impact on, the Project 4 or the Work. 17 applicable Law. 18 5.10.4.3 For each Utility Adjustment, the eligibility of Utility Company 19 costs (both indirect and direct) for reimbursement by Developer, as well as the 20 determination of any Betterment or other costs due to Developer, shall be established in 21 accordance with applicable Law and the applicable Utility Agreement(s).
Utility Adjustment Risk. 2 5.4.4.1 Except with respect to Xxxxxxxxx’s rights to claim a Relief 3 Event for Utility Company Delays pursuant to Section 13.4.3 or for Inaccurate Utility 4 Information pursuant to Section 13.4.4, Developer shall not be entitled to an increase in 5 the Contract Price, a Completion Deadline adjustment or any other Claim or Relief Event 6 related to the Utility Adjustment Work, inaccuracy of the Utility Information or Utilities 7 located within or outside the Project ROW or otherwise impacted by, or having an impact 8 on, the Project or the Work.
9 5.4.4.2 Developer shall: (a) perform at its own cost (subject to 10 payments out of the Contract Price) the Utility Adjustment Work itself, if permitted by the 11 Utility Company (except that any assistance provided by any Developer-Related Entity to 12 the Utility Company in the Utility’s acquisition of Replacement Utility Property Interests 13 shall be provided outside of the Work); or (b) reimburse (out of the Contract Price or 14 otherwise) the Utility Company for its Utility Adjustment Work within the time and in the 15 manner required by the applicable Utility Agreement. However, Developer has no 16 obligation to reimburse a Utility Company for Utility Adjustment costs for any Service Line 17 Adjustment for which the affected property owner has been compensated in connection 18 with Project ROW acquisition. Developer is solely responsible for collecting directly from 19 the Utility Company any reimbursement due to Developer for Betterment costs or other 20 costs incurred by Developer for which the Utility Company is responsible under applicable 21 Law.
22 5.4.4.3 For each Utility Adjustment, the eligibility of Utility Company 23 costs (both indirect and direct) for reimbursement by Xxxxxxxxx, as well as the 24 determination of any Betterment or other costs due to Developer, shall be established in 25 accordance with applicable Law, the applicable Utility Agreement(s), and the Contract 26 Documents.
27 5.4.4.4 For each Utility Adjustment, Developer shall compensate the 28 Utility Company for each Existing Utility Property Interest relinquished, to the extent 29 ADOT would be required to do so by applicable Law or to the extent required by the 30 applicable Utility Agreement and provided that ADOT has approved the Utility Company's 31 claim for compensation. Developer is advised that in some cases reimbursement of the 32 Utility Company's acquisition costs for a Replacement Utility Property Interest will sa...
Utility Adjustment Risk.
(a) Except with respect to Developer’s rights to claim a Relief Event for Utility 17 Company Delays pursuant to Section 16.4.3, for Inaccurate Utility Information 18 pursuant to Section 16.4.4, or for certain Changes in Adjustment Standards 19 pursuant to clause (l) of the definition of Relief Event, Developer shall not be 20 entitled to an increase in the Contract Price, a Completion Deadline adjustment or 21 any other Claim or Relief Event in connection with the Utility Adjustment Work, 22 inaccuracy of the Utility Information or Utilities located within or outside the 23 Project ROW or otherwise impacted by, or having an impact on, the Project or the 24 Work.
Utility Adjustment Risk. 5.10.4.1 Except with respect to Developer’s rights to claim a Relief
Utility Adjustment Risk. Except with respect to Developer’s right to Claims in 38 connection with the Utility Adjustment Work is limitedrights to the relief this Agreement 39 providesclaim a Relief Event for Utility Company Delays andpursuant to Section 14.4.4, 40 for Inaccurate Utility Information, and subject to further limitations pursuant to 1 Sections 14.4.4 andSection 14.4.5. , or for ADOT-Caused Delay respecting ADOT 2 Utility Adjustments, Developer shall not be entitled to submit a Claim for Extra Work 3 Costs, Delay Costs, Completion Deadline adjustment or other relief related to the Utility 4 Adjustment Work, inaccuracy of the Utility Information or Utilities located within or 5 outside the Project ROW or otherwise impacted by, or having an impact on, the Project 6 or the Work.
Utility Adjustment Risk. 28 5.10.4.1 Developer’s right to Claims in connection with the Utility 29 Adjustment Work is limited to the relief this Agreement provides for Utility Company 30 Delays and Inaccurate Utility Information, and subject to further limitations pursuant to 31 Sections 14.4.4 and 14.4.5. 32 5.10.4.2 Developer shall: (a) perform at its own cost (subject to 33 payments out of the D&C Price) the Utility Adjustment Work itself, if permitted by the 34 Utility Company (except that any assistance provided by any Developer-Related Entity 35 to the Utility Company in acquiring Replacement Utility Property Interests shall be 36 provided outside of the Work); or (b) reimburse (out of the D&C Price or otherwise) the 37 Utility Company for its Utility Adjustment Work within the time and in the manner 38 required by the applicable Utility Agreement. However, Developer has no obligation to 39 reimburse a Utility Company for Utility Adjustment costs for any Service Line 40 Adjustment for which the affected property owner has been compensated in connection 1 with Project ROW acquisition. Developer is solely responsible for collecting directly 2 from the Utility Company any reimbursement due to Developer for Betterment costs or 3 other costs incurred by Developer for which the Utility Company is responsible under 4 applicable Law.
Utility Adjustment Risk. Developer’s right to Claims in connection with the Utility 8 Adjustment Work is limited to the relief this Agreement provides for Utility Company 9 Delays and Inaccurate Utility Information, and subject to further limitations pursuant to 10 Sections 14.4.4 and 14.4.5.
Utility Adjustment Risk. 18 5.10.4.1 Developer’s right to Claims in connection with the Utility 19 Adjustment Work is limited to the relief this Agreement provides for Utility Company 20 Delays and Inaccurate Utility Information, and subject to further limitations pursuant to 21 Sections 14.4.4 and 14.4.5.
