Common use of Utility Adjustments Clause in Contracts

Utility Adjustments. Developer is responsible for causing, in accordance with the Project Schedule, all Utility Adjustment Work necessary to accommodate the design and construction of the Project. All Utility Adjustment Work performed by Developer shall comply with the CDA Documents. Developer shall coordinate, monitor, and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work timely, in coordination with the Work, and in compliance with the standards of design and construction and other applicable requirements specified in the CDA Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Section 13, Developer shall continue to be the responsible party to TxDOT for timely performance of all Utility Adjustment Work so that upon completion of the Work, all Utilities that might impact the Project or be impacted by it (whether located within or outside the Project ROW) are compatible with the Project. TxDOT shall provide to Developer the benefit of any provisions in recorded utility or other easements affecting the Project which require the easement holders to relocate at their own expense, subject, however, to any provisions of applicable Law affecting the easement holder’s payment obligations for Utility Adjustments. Developer agrees that: (a) the Price (as it may be modified hereunder) covers all of the Utility Adjustment Work to be furnished, performed or paid for by Developer, (b) it is feasible to obtain and/or perform all necessary Utility Adjustments within the time deadlines of the CDA Documents (as they may be modified pursuant to Section 13), and (c) the Price includes contingencies deemed adequate by Developer to account for the potential risks of additional costs and delays relating to Utility Adjustments, except to the extent that an adjustment to the Price is permitted under this Section 6.8 and in accordance with Section 13.

Utility Adjustments. Developer DB Contractor is responsible for causing, in accordance with the Project Schedule, all Utility Adjustment Work necessary to accommodate the design and construction of the Project, including the Oncor Transmission Lines Relocation. All Utility Adjustment Work performed by Developer DB Contractor shall comply with the CDA Contract Documents. Developer DB Contractor shall coordinate, monitor, and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work timely, in coordination with the Work, and in compliance with the standards of design and construction and other applicable requirements specified in the CDA Contract Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Section 13, Developer DB Contractor shall continue to be the responsible party to TxDOT for timely performance of all Utility Adjustment Work so that upon completion of the Work, all Utilities that might impact the Project or be impacted by it (whether located within or outside the Project ROW) are compatible with the Project. TxDOT shall provide to Developer the benefit of any provisions in recorded utility or other easements affecting the Project which require the easement holders to relocate at their own expense, subject, however, to any provisions of applicable Law affecting the easement holder’s payment obligations for Utility Adjustments. Developer DB Contractor agrees that: (a) the Price (as it may be modified hereunder) covers all of the Utility Adjustment Work to be furnished, performed or paid for by DeveloperDB Contractor, excluding the cost of the Oncor Transmission Lines Relocation, (b) it is feasible to obtain and/or perform all necessary Utility Adjustments Adjustments, including the Oncor Transmission Lines Relocation, within the time deadlines of the CDA Contract Documents (as they may be modified pursuant to Section 13), and (c) the Price includes contingencies deemed adequate by Developer DB Contractor to account for the potential risks of additional costs and delays relating to Utility Adjustments, excluding any additional costs for the Oncor Transmission Lines Relocation which are the responsibility of TxDOT pursuant to Section 6.8.4, and except to the extent that an adjustment to the Price is permitted under this Section 6.8 and in accordance with Section 13.

Utility Adjustments. Developer DB Contractor is responsible for causing, in accordance with the Project Schedule, all Utility Adjustment Work necessary to accommodate the design and construction of the Project. All Utility Adjustment Work performed by Developer DB Contractor shall comply with the CDA Contract Documents. Developer shall DB Contractor shall, at its sole cost and expense, coordinate, monitor, and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work timely, in coordination with the Work, and in compliance with the standards of design applicable to the Professional Services and construction Construction Work and other applicable requirements specified in the CDA Contract Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Section 13, Developer DB Contractor shall continue to be the responsible party to TxDOT for timely performance of all Utility Adjustment Work so that upon completion of the Work, all Utilities that might impact the Project or be impacted by it the Project (whether located within or outside the Project ROW) are compatible with the Project. TxDOT shall provide to Developer the benefit of any provisions in recorded utility or other easements affecting the Project which require the easement holders to relocate at their own expense, subject, however, to any provisions of applicable Law affecting the easement holder’s payment obligations for Utility Adjustments. Developer DB Contractor agrees that: (a) the Price (as it may be modified hereunder) covers all of the Utility Adjustment Work to be furnished, performed or paid for by DeveloperDB Contractor (other than the costs for Utility Adjustments in Segment 2 that are covered by Compensable Utility Adjustment Costs), (b) it is feasible to obtain and/or perform all necessary Utility Adjustments within the time deadlines of the CDA Contract Documents (as they may be modified pursuant to Section 13), and (c) the Price includes contingencies deemed adequate by Developer DB Contractor to account for the potential risks of additional costs and delays relating to Utility Adjustments, except to the extent that an adjustment to the Price is permitted under this Section 6.8 and in accordance with Section 13.