Common use of Replacement Utility Property Interests Clause in Contracts

Replacement Utility Property Interests. 13 ADOT’s involvement in acquisition of Replacement Utility Property Interests is 14 subject to the following terms and conditions: 15 5.4.3.1 ADOT will assist in the acquisition of Replacement Utility 16 Property Interests only if both Developer and the Utility Company provide evidence 17 reasonably satisfactory to ADOT that: (a) acquisition of the subject Replacement Utility 18 Property Interest is necessary because it is not physically possible, including through 19 commercially reasonable design modifications as described in Section 14.4.1.1(a), to 20 perform the subject Utility Adjustment within the Schematic ROW or to use Protection in 21 Place; and (b) the Utility Company either lacks the power to acquire the Replacement 22 Utility Property Interest or has been unsuccessful in negotiating the acquisition. 23 5.4.3.2 Except as provided otherwise in Section 14.4.5.2, Developer 24 shall compensate ADOT for costs ADOT incurs in connection with the acquisition of 25 Replacement Utility Property Interests, to the same extent ADOT would be owed 26 compensation for acquisition of Developer-Designated ROW under Section 5.6.4. If the 27 Utility Company is responsible under Law for the acquisition costs, such as in the case of

Replacement Utility Property Interests. 13 ADOT’s involvement in acquisition of Replacement Utility Property Interests is 14 subject to the following terms and conditions: 15 5.4.3.1 ADOT will assist in the acquisition of Replacement Utility 16 Property Interests only if both Developer and the Utility Company provide evidence 17 reasonably satisfactory to ADOT that: (a) acquisition of the subject Replacement Utility 18 Property Interest is necessary because it is not physically possible, including through 19 commercially reasonable design modifications as described in Section 14.4.1.1(a), to 20 perform the subject Utility Adjustment within the Schematic ROW or to use Protection in 21 Place; and (b) the Utility Company either lacks the power to acquire the Replacement 22 Utility Property Interest or has been unsuccessful in negotiating the acquisition. 23 5.4.3.2 Except as provided otherwise in circumstances where ▇▇▇▇▇▇▇▇▇ is entitled to 24 compensation under Section 14.4.5.2, Developer 24 shall compensate ADOT for costs 25 ADOT incurs in connection with the acquisition of 25 Replacement Utility Property Interests, 26 to the same extent ADOT would be owed 26 compensation for acquisition of Developer-Designated ROW under Section 5.6.4. If the 27 Utility Company is responsible under Law for the acquisition costs, such as in the case ofDeveloper-