Common use of Utility Enhancements Clause in Contracts

Utility Enhancements. 23 5.10.6.1 Developer shall address any requests by Utility Companies 24 that Developer design or construct Betterments or Utility Company Projects (collectively, 25 "Utility Enhancements"). Any Betterment performed as part of a Utility Adjustment, 26 whether by Developer or by the Utility Company, shall be subject to the same standards 27 and requirements as if it were a necessary Utility Adjustment, and shall be addressed in 28 the appropriate Utility Agreement. Developer shall perform any work on a Utility 29 Company Project only by separate contract outside of the Work, and such work shall be 30 subject to Section 5.10.9. Under no circumstances shall Developer proceed with any 31 Utility Enhancement that is incompatible with the Project in its final configuration or is 32 not in compliance with applicable Law, the Governmental Approvals or the Contract 33 Documents, including the Completion Deadlines. Under no circumstances will 34 Developer be entitled to any additional compensation or Completion Deadline 35 adjustment hereunder as the result of any Utility Enhancement, whether performed by 36 Developer or by the Utility Company. Developer may, but is not obligated to, design 37 and construct Utility Enhancements. Developer shall be responsible for and liable to 38 ADOT for any deficiencies relating to any Utility Enhancements.

Utility Enhancements. 23 27 5.10.6.1 Developer shall address any requests by Utility Companies 24 28 that Developer design or construct Betterments or Utility Company Projects (collectively, 25 29 "Utility Enhancements"). Any Betterment performed as part of a Utility Adjustment, 26 30 whether by Developer or by the Utility Company, shall be subject to the same standards 27 31 and requirements as if it were a necessary Utility Adjustment, and shall be addressed in 28 32 the appropriate Utility Agreement. Developer shall perform any work on a Utility 29 33 Company Project only by separate contract outside of the Work, and such work shall be 30 34 subject to Section 5.10.9. Under no circumstances shall Developer proceed with any 31 35 Utility Enhancement that is incompatible with the Project in its final configuration or is 32 36 not in compliance with applicable Law, the Governmental Approvals or the Contract 33 37 Documents, including the Completion Deadlines. Under no circumstances will 34 38 Developer be entitled to any additional compensation or Completion Deadline 35 39 adjustment hereunder as the result of any Utility Enhancement, whether performed by 36 40 Developer or by the Utility Company. Developer may, but is not obligated to, design 37 1 and construct Utility Enhancements. Developer shall be responsible for and liable to 38 2 ADOT for any deficiencies relating to any Utility Enhancements.. 3 5.10.7 Failure of Utility Companies to Cooperate

Utility Enhancements. 23 16 5.10.6.1 Developer shall address any requests by Utility Companies 24 17 that Developer design or construct Betterments or Utility Company Projects (collectively, 25 18 "Utility Enhancements"). Any Betterment performed as part of a Utility Adjustment, 26 19 whether by Developer or by the Utility Company, shall be subject to the same standards 27 20 and requirements as if it were a necessary Utility Adjustment, and shall be addressed in 28 21 the appropriate Utility Agreement. Developer shall perform any work on a Utility 29 22 Company Project only by separate contract outside of the Work, and such work shall be 30 23 subject to Section 5.10.9. Under no circumstances shall Developer proceed with any 31 24 Utility Enhancement that is incompatible with the Project in its final configuration or is 32 not 25 in compliance with applicable Law, the Governmental Approvals or the Contract 33 26 Documents, including the Completion Deadlines. Under no circumstances will 34 Developer 27 be entitled to any additional compensation or Completion Deadline 35 adjustment hereunder 28 as the result of any Utility Enhancement, whether performed by 36 Developer or by the Utility 29 Company. Developer may, but is not obligated to, design 37 and construct Utility 30 Enhancements. Developer shall be responsible for and liable to 38 ADOT for any 31 deficiencies relating to any Utility Enhancements.

Utility Enhancements. 23 18 5.10.6.1 Developer shall address any requests by Utility Companies 24 19 that Developer design or construct Betterments or Utility Company Projects (collectively, 25 20 "Utility Enhancements"). Any Betterment performed as part of a Utility Adjustment, 26 21 whether by Developer or by the Utility Company, shall be subject to the same standards 27 22 and requirements as if it were a necessary Utility Adjustment, and shall be addressed in 28 23 the appropriate Utility Agreement. Developer shall perform any work on a Utility 29 24 Company Project only by separate contract outside of the Work, and such work shall be 30 25 subject to Section 5.10.9. Under no circumstances shall Developer proceed with any 31 26 Utility Enhancement that is incompatible with the Project in its final configuration or is 32 27 not in compliance with applicable Law, the Governmental Approvals or the Contract 33 28 Documents, including the Completion Deadlines. Under no circumstances will 34 29 Developer be entitled to any additional compensation or Completion Deadline 35 30 adjustment hereunder as the result of any Utility Enhancement, whether performed by 36 31 Developer or by the Utility Company. Developer may, but is not obligated to, design 37 32 and construct Utility Enhancements. Developer shall be responsible for and liable to 38 33 ADOT for any deficiencies relating to any Utility Enhancements.. 34 5.10.7 Failure of Utility Companies to Cooperate 35 5.10.7.1 Developer shall use diligent efforts to obtain the cooperation 36 of each Utility Company as necessary for Utility Adjustments. Developer shall notify 37 ADOT immediately if: