Common use of Utility Agreements Clause in Contracts

Utility Agreements. ‌ 6.3.2.1 Design-Build Contractor is responsible for preparing, negotiating and presenting to IFA for execution instruction-specific, construction-detailed Utility Agreements with all Utility Owners, regardless of whether the Utility Owners are identified in the Reference Information Documents, prior to commencement of any Utility Adjustment Work for each such Utility Owner. The general procedures and framework for preparing Utility Agreements and processing utility issues within the Project area shall comply with Section 13 of the Technical Provisions and shall follow the standard practices of the respective Utility Owners for such Utility Agreements, which in each case shall not be less than Good Industry Practice. Design-Build Contractor shall sign each Utility Agreement acknowledging and agreeing to be bound by the terms and parameters. 6.3.2.2 Each Utility Agreement shall clearly specify and distinguish the scope of Utility Adjustment Work Design-Build Contractor is to perform, and the scope the Utility Owner is to perform. Each Design-Build Contractor Utility Agreement shall contain provisions for payments, payment terms, controlling specifications, and work description. Each Design-Build Contractor Utility Agreement shall also include specific procedures for resolving scheduling, design, construction, and payment issues arising due to errors or omissions in information the Utility Owner provides to Design-Build Contractor. 6.3.2.3 IFA agrees to cooperate as reasonably requested by Design- Build Contractor in pursuing Utility Agreements, including attendance at negotiation sessions and review of Utility Agreements. Design-Build Contractor shall keep IFA informed of the status of any such negotiations. Design-Build Contractor shall submit each such Utility Agreement and supplements and amendments thereto to IFA for approval in its reasonable discretion, in accordance with the procedures described in Section 3.2. 6.3.2.4 Design-Build Contractor is solely responsible for the terms and conditions of all Utility Agreements (subject to the requirements of the PPA Documents, including Section 13 of the Technical Provisions). Design-Build Contractor is responsible for proper completion of the Utility Adjustment Work required for the Project, in accordance with the PPA Documents and applicable Governmental Rules, regardless of the nature or provisions of the Utility Agreements and regardless of whether Design- Build Contractor or the Utility Owner or its contractors, is performing the Utility Adjustment Work. 6.3.2.5 If a conflict occurs between the terms of an agreement between IFA and a Utility Owner and those of the PPA Documents, the terms that establish the higher quality, manner or method of performing Utility Adjustment Work, establish better Good Industry Practice, or use more stringent standards shall prevail between Design-Build Contractor and IFA; if the foregoing criteria are not relevant to the terms at issue, then the PPA Documents shall prevail, unless expressly provided otherwise in the PPA Documents. 6.3.2.6 Design-Build Contractor shall comply with and timely perform all obligations imposed on Design-Build Contractor by any Utility Agreement.

Utility Agreements. ‌ 6.3.2.1 ‌ Design-Build Contractor is responsible for preparing, negotiating and presenting to IFA for execution instruction-specific, construction-detailed Utility Agreements with all Utility Owners, regardless of whether the Utility Owners are identified in the Reference Information Documents, prior to commencement of any Utility Adjustment Work for each such Utility Owner. The general procedures and framework for preparing Utility Agreements and processing utility issues within the Project area shall comply with Section 13 of the Technical Provisions and shall follow the standard practices of the respective Utility Owners for such Utility Agreements, which in each case shall not be less than Good Industry Practice. Design-Build Contractor shall sign each Utility Agreement acknowledging and agreeing to be bound by the terms and parameters. 6.3.2.2 . Each Utility Agreement shall clearly specify and distinguish the scope of Utility Adjustment Work Design-Build Contractor is to perform, and the scope the Utility Owner is to perform. Each Design-Build Contractor Utility Agreement shall contain provisions for payments, payment terms, controlling specifications, and work description. Each Design-Build Contractor Utility Agreement shall also include specific procedures for resolving scheduling, design, construction, and payment issues arising due to errors or omissions in information the Utility Owner provides to Design-Build Contractor. 6.3.2.3 IFA . XXX agrees to cooperate as reasonably requested by Design- Build Contractor in pursuing Utility Agreements, including attendance at negotiation sessions and review of Utility Agreements. Design-Build Contractor shall keep IFA informed of the status of any such negotiations. Design-Build Contractor shall submit each such Utility Agreement and supplements and amendments thereto to IFA for approval in its reasonable discretion, in accordance with the procedures described in Section 3.2. 6.3.2.4 . Design-Build Contractor is solely responsible for the terms and conditions of all Utility Agreements (subject to the requirements of the PPA Documents, including Section 13 of the Technical Provisions). Design-Build Contractor is responsible for proper completion of the Utility Adjustment Work required for the Project, in accordance with the PPA Documents and applicable Governmental Rules, regardless of the nature or provisions of the Utility Agreements and regardless of whether Design- Build Contractor or the Utility Owner or its contractors, is performing the Utility Adjustment Work. 6.3.2.5 . If a conflict occurs between the terms of an agreement between IFA and a Utility Owner and those of the PPA Documents, the terms that establish the higher quality, manner or method of performing Utility Adjustment Work, establish better Good Industry Practice, or use more stringent standards shall prevail between Design-Build Contractor and IFA; if the foregoing criteria are not relevant to the terms at issue, then the PPA Documents shall prevail, unless expressly provided otherwise in the PPA Documents. 6.3.2.6 . Design-Build Contractor shall comply with and timely perform all obligations imposed on Design-Build Contractor by any Utility Agreement.

Utility Agreements. ‌5.5.2.1 Prior to the Effective Date IFA entered into the IFA Utility Agreements described in Section 18 to the Technical Provisions. Each IFA Utility Agreement identifies, in concept, the portion of the Utility Adjustment Work for which Developer and the Utility Owner, respectively, will be responsible. Each IFA Agreement also identifies the basis for compensation, preliminary engineering agreements, extent of design reviews, allowable Utility Adjustment Work by Developer or its utility Contractor, and other basic information. Developer is hereby delegated, and hereby accepts, the responsibilities and obligations of IFA under the IFA Utility Agreements. Developer shall comply with, be bound by and timely perform all such responsibilities and obligations except to the extent specifically changed by the Utility Agreement between Developer and the applicable Utility Owner. 6.3.2.1 Design-Build Contractor 5.5.2.2 Except for Type 1 Utility Adjustments, Developer is responsible for preparing, negotiating and presenting to IFA for execution entering into instruction-specific, construction-detailed Developer Utility Agreements with all Utility Owners, regardless of whether the Utility Owners are identified in the Reference Information DocumentsDocuments and regardless of whether IFA has secured an IFA Utility Agreement with that Utility Owner, in each case prior to commencement of any Utility Adjustment Work for each such Utility Owner. The general procedures and framework for preparing Utility Agreements and processing utility issues within the Project area shall comply with Section 13 of the Technical Provisions and shall follow the standard practices of the respective Utility Owners for such Utility Agreements, which in each case shall not be less than Good Industry Practice. Design-Build Contractor shall sign each Utility Agreement acknowledging and agreeing to be bound by Developer will use the terms and parameters.information in 6.3.2.2 5.5.2.3 Each Developer Utility Agreement shall clearly specify and distinguish the scope of Utility Adjustment Work Design-Build Contractor Developer is to perform, and the scope the Utility Owner is to perform. Each Design-Build Contractor Developer Utility Agreement shall contain provisions for payments, payment terms, controlling specifications, and work description. Each Design-Build Contractor Developer Utility Agreement shall also include specific procedures for resolving scheduling, design, construction, construction and payment issues arising due to errors or omissions in information the Utility Owner provides to Design-Build ContractorDeveloper. 6.3.2.3 5.5.2.4 IFA agrees to cooperate as reasonably requested by Design- Build Contractor Developer in pursuing Developer Utility Agreements, including attendance at negotiation sessions and review of Developer Utility Agreements. Design-Build Contractor Developer shall keep IFA informed of the status of any such negotiations. Design-Build Contractor Developer shall submit each such Developer Utility Agreement and supplements and amendments thereto to IFA for approval in its reasonable discretion, in accordance with the procedures described in Section 3.23.1. Developer shall deliver to IFA, within ten days after execution, a true and complete copy of each such Developer Utility Agreement entered into by Developer. IFA will not be a party to Developer Utility Agreements, and Developer shall cause each Developer Utility Agreement to expressly provide that IFA shall have no liability under the Developer Utility Agreement unless and until IFA receives a written assignment of the Developer’s interests in the Developer Utility Agreement and assumes in writing Developer’s obligations thereunder. Developer shall not enter into any agreement with a Utility Owner that purports to bind IFA in any way, unless IFA has executed such agreement as a party thereto (IFA's signature indicating approval or review of an agreement between Developer and a Utility Owner, or its status as a third-party beneficiary, shall not satisfy this requirement). 6.3.2.4 Design-Build Contractor 5.5.2.5 Except for Type 1 Utility Adjustments, Developer is solely responsible for the terms and conditions of all Developer Utility Agreements into which it enters (subject to the requirements of the PPA Documents, including Section 13 18 of the Technical Provisions). Design-Build Contractor Except for Type 1 Utility Adjustments, Developer is responsible for proper completion of the Utility Adjustment Work required for the ProjectEast End Crossing, in accordance with the PPA Documents and applicable Governmental RulesDocuments, regardless of the nature or provisions of the Developer Utility Agreements and regardless of whether Design- Build Contractor Developer or its Contractors, or the Utility Owner or its contractors, is performing the Utility Adjustment Work. 6.3.2.5 5.5.2.6 If a conflict occurs between the terms of an agreement between IFA Developer and a Utility Owner and those of the PPA Documents, the terms that establish the higher quality, manner or method of performing Utility Adjustment Work, establish better Good Industry Practice, or use more stringent standards shall prevail between Design-Build Contractor Developer and IFA; if the foregoing criteria are not relevant to the terms at issue, then the PPA Documents shall prevail, unless expressly provided otherwise in the PPA Documents. 6.3.2.6 Design-Build Contractor 5.5.2.7 Developer shall comply with and timely perform all obligations imposed on Design-Build Contractor Developer by any Developer Utility Agreement.Agreement.‌