Betterments Clause Samples

Betterments. Replacements for existing Utilities shall be designed and constructed to provide service at least equal to that offered by the existing Utilities, unless the Utility Owner specifies a lesser replacement. Utility Enhancements are not included in the Work; however, any Betterment work furnished or performed by the Developer as part of a Utility Adjustment shall be deemed added to the Work, on the date the Utility Agreement providing for same becomes fully effective. Developer shall perform all coordination necessary for Betterments.

Betterments. A betterment is a difference in quality of an element of the project to be designed/constructed, not a difference in kind. (Example: install larger size or higher grade pipe than needed to meet Federal standards) The term “betterment” does not include any design or construction for features not included in the definition of the project as defined in the agreement.

Betterments. At any time the City may request a Betterment to a City Facility or to LACMTA infrastructure, provided that a Betterment of LACMTA infrastructure requires LACMTA approval, which shall not unreasonably be withheld. Within 45 Days of the City’s request, LACMTA shall clearly identify to the City any Design or Design change requested by the City that the LACMTA considers a Betterment. If the LACMTA fails to do so, then the City’s requested Design or Design change shall not be considered a Betterment. Any Betterment requested by City staff is to be approved by City Council. Any Design or Design change initiated by the City shall specifically identify any Betterment included in such Design or Design change. It is understood and agreed that no Betterment may be performed in connection with the Project (whether designed or constructed by the City or by the LACMTA) which is incompatible with the Project or which cannot be performed within the constraints of applicable law, and/or any applicable governmental approvals. The City or a third party designated by the City shall bear the Cost of all Betterments. The LACMTA shall make all commercially reasonable efforts to obtain the best possible price for all Betterments requested by the City. The City may participate directly in any negotiations between the LACMTA and its contractor concerning the price of any Betterments.

Betterments. 2.5.1. During the Preliminary Engineering Design phase but in any event not later than the applicable Pre-Solicitation Comment Due Date for each Rearrangement, Utility shall inform MTA what Betterments, if any, Utility desires so that MTA can review the Betterments and determine whether they satisfy the requirements set forth in Section 2.5.2. Each Design furnished by Utility shall specifically identify any Betterments included in such Design. MTA may also identify Betterments included in Designs furnished by Utility or in comments provided by Utility on MTA-finished Designs, by giving written notice thereof to Utility during the Design review process. 2.5.2. It is understood and agreed that MTA shall have no obligation for the Cost of any Betterment (whether or not identified pursuant to Section 2.5.1), and that no Betterment may be performed in connection with any Rearrangement (whether Designed or Constructed by Utility or by MTA) that is incompatible with the Subject Transit Project or which cannot be performed within the constraints of applicable law, any applicable governmental approvals, the schedule for the Subject Transit Project and/or the Design. Utility shall bear the Cost of all Betterments included in each Rearrangement in accordance with Article 9. 2.5.3. For a Rearrangement to be Constructed by MTA, the price which Utility shall pay for each included Betterment shall equal the estimated incremental additional Cost for the Rearrangement resulting from such Betterment, calculated in accordance with Section 9.6.

Betterments. As applicable, credit shall be allowed or Utility shall pay for Betterments in accordance with the following: The amount of a Betterment credit, if any, shall be the estimated cost of the Replacement Facility, minus the estimated cost of a Substitute Facility. The amount of Betterment credit, if any, shall be a fixed amount determined by the Parties during Design Engineering based upon estimates provided by Utility and its contractors and agreed to by the MTA.

Betterments. With respect to betterments or other extraordinary or special assessments that may be included in the definition of Taxes, Subtenant's obligations shall apply only to the extent such assessments are payable during and in respect of the Sublease Term if paid over the longest period permitted by law.

Betterments. Utility Betterments not already identified in the Technical Provisions, if any, may be added to the Work pursuant to this Section 6.2.2. The addition of Betterments is subject to VPRA’s Approval.

Betterments. The States or either of them may at their own expense carry out betterments in conjunction with the standardization work.

Betterments. 2.7.1 As soon as possible, preferably during the Preliminary Engineering Design phase but in any event not later than the Comment Due Date for each Rearrangement, County and District shall inform LACMTA what Betterments, if any, County or District desires so that LACMTA can review and determine the acceptability of the requested Betterment. 2.7.2 If LACMTA determines, in its sole discretion, that any proposed Betterment is not consistent or compatible with the requirements of the Project, then LACMTA shall have the right to refuse to allow such Betterment, or to condition construction of such Betterment upon such modifications as LACMTA deems appropriate. If County and/or District disagree with LACMTA’s determination, then the dispute shall be resolved in accordance with Article 11. County and/or District shall bear the Cost of all approved Betterments.