Common use of Incremental Clause in Contracts

Incremental. Saving shall mean a saving achieved by the Private Party as a result of costs not incurred by the Private Party during the Necessary Action, less the reasonable costs incurred by the Private Party in meeting the Output Specifications after the Necessary Action; where such cost is incurred as a result of the Municipality failing to undertake programmed preventative maintenance or otherwise failing to maintain the Facilities in accordance with the Output Specifications. However, where a negligent act or omission by the Private Party in performing the Services caused the urgent risk that led to the Municipality to exercise the step-in rights under this clause 69, the costs incurred by the Private Party in meeting the Output Specifications after the Necessary Action will not be deducted;