Common use of Pro-Rata Construction Cost Calculation Clause in Contracts

Pro-Rata Construction Cost Calculation. BE and CDOT agree to allocate certain costs, as detailed in this Agreement, based on a proportion of the total Project costs, with BE’s portion being calculated to include all such Project costs that meet the BE-Eligible Criteria (the “BE-Eligible Costs”), and CDOT’s portion being calculated to include all other Project costs (the “Pro-Rata Construction Cost Calculation”). The Parties agree and acknowledge that the Pro-Rata Construction Cost Calculation is intended to be based upon the Eligible Cost Breakdown, provided by the Developer on Form D-2 to Part H of the Instructions to Proposers contained in the RFP with its Proposal, which, for certainty, provided that BE-Eligible Costs and Non-BE-Eligible Costs be allocated as sixty-six percent (66%) and thirty-four percent (34%), respectively, based upon the CBE Funding Eligibility Criteria approved by Resolution #BE-15-8-2 of the BE Board of Directors on August 20, 2015. BE and CDOT may modify the methodology for establishing the Pro-Rata Construction Cost Calculation at any time prior to Financial Close by written amendment to this Agreement approved by the Parties.