Eligible Utilities Costs definition

Eligible Utilities Costs has the meaning given in Section 1.1 [Definitions] of Schedule 28 [Project Approvals and Utility Matters] Part 2 [Utility Matters].
Eligible Utilities Costs means amounts invoiced to Design-Builder directly by a Utility Company pursuant to carrying out Utility Works, including in respect of the following: (a) by EDTI for Utility Complex electrical servicing costs; (b) Utility Service Connections; and (c) Permitted Relocations; but excludes “Ineligible Utilities Costs”.
Eligible Utilities Costs means: (a) amounts invoiced pursuant to a Utility Agreement by a Utility Company for Utility Works carried out directly by such Utility Company or by any person engaged by such Utility Company to carry out any portion of the Utility Works and including Incremental Lands Rights Costs, but excluding costs and expenses incurred in respect of or relating to Betterment and those losses incurred or claimed by such Utility Company or person as are referred to in Section 56.1(a)(ii) of the Project Agreement; and (b) Direct Costs incurred by Project Co in respect of managing, supervising (including supervising others) and undertaking Utility Works within the scope of the Utility Agreements, but excluding costs and expenses incurred in respect of or relating to bonding and insurance and other similar security, traffic accommodation that is not directly attributable to the Utility Works, and professional fees and expenses (including legal fees).

Examples of Eligible Utilities Costs in a sentence

  • If the City withholds its approval pursuant to this Section 4.1.7 and subsequently receives the information that the City requires, acting reasonably, to discharge its obligations under this Section 4, it shall, within 10 Business Days of its receipt of such information, provide to Project Co, in writing, the City’s approval of the undisputed Excess Eligible Utilities Costs set out in the aforementioned Request for Excess Eligible Utilities Costs Payment.

  • Any Dispute between the City and Design-Builder as to such eligibility (including pursuant to an Eligible Utilities Costs Ruling Request) will be referred for determination to the Dispute Resolution Procedure.

  • The City shall be permitted to withhold its approval if the City determines that the Eligible Utilities Costs Report does not contain the information that the City requires, acting reasonably, to discharge its obligations under this Section 4 or contains costs that are not Eligible Utilities Costs.

  • Without limiting the generality of the foregoing, Design-Builder shall be responsible for all Initial Eligible Utilities Costs and Design-Builder’s share of Excess Eligible Utilities Costs.

  • The City shall be permitted to withhold its approval if the City determines that the Eligible Utilities Costs Ruling Request does not contain the information that the City requires, acting reasonably, to discharge its obligations under this Section 4 [Utility Costs] or contains costs that are not Eligible Utilities Costs.

  • If the City withholds its approval pursuant to this Section 4.1.6 and subsequently receives the information that the City requires, acting reasonably, to discharge its obligations under this Section 4 [Utility Costs], it shall, within 10 Business Days of its receipt of such information, provide to Design-Builder, in writing, the City’s approval of the undisputed Eligible Utilities Costs set out in the aforementioned Eligible Utilities Costs Report.

  • Any Dispute between the City and Project Co as to such eligibility (including pursuant to an Eligible Utilities Costs Ruling Request) will be referred for determination to the Dispute Resolution Procedure.

  • The City shall be permitted to withhold its approval if the City determines that the Eligible Utilities Costs Ruling Request does not contain the information that the City requires, acting reasonably, to discharge its obligations under this Section 4 or contains costs that are not Eligible Utilities Costs.

  • Without limiting the generality of the foregoing, Project Co shall be responsible for all Initial Eligible Utilities Costs and Project Co’s share of Excess Eligible Utilities Costs.

  • If the City withholds its approval pursuant to this Section 4.1.5 and subsequently receives the information that the City requires, acting reasonably, to discharge its obligations under this Section 4, it shall, within 10 Business Days of its receipt of such information, provide to Project Co, in writing, the City’s approval of the undisputed Eligible Utilities Costs set out in the aforementioned Eligible Utilities Costs Report.