Common use of Supervening Events Clause in Contracts

Supervening Events. Pursuant to the C-70 Project Agreement, certain Supervening Events may require Compensation to be paid by the Enterprises to the Developer during the Operating Period. Except as otherwise provided specifically herein, the Parties agree to allocate the cost of such Compensation between CDOT and HPTE based on the Pro-Rata O&M Cost Calculation, provided that any Compensation due to a Supervening Event that arises solely due to the action or inaction of CDOT, without prior notification to and acknowledgment by HPTE, will be allocated 100% to CDOT, and provided also that: a. Any Compensation due to any incident of physical damage to an Element of the Project or delay of or disruption to the Work caused by installation, testing or maintenance of any ETC or ITS Elements by the ETC System Integrator pursuant to the E-470 TSA, the E-470 Installation Agreement, or any successor agreements thereto (subsection g.i. of the definition of Compensation Event in the C-70 Project Agreement) will be allocated 100% to HPTE; and b. Any Compensation due to any incident of physical damage to an Element of the Project or delay of or disruption to the Work caused by the construction, operation or maintenance of any Other Department Project, or any other facility, infrastructure or project constructed, operated and/or maintained by CDOT, within or in the vicinity of the Right-of-Way (subsection g.ii. of the definition of Compensation Event in the C-70 Project Agreement) will be allocated 100% to CDOT. Notwithstanding the foregoing, HPTE and CDOT may agree in advance of any Compensation becoming due to the Developer in respect of any Supervening Event to a different allocation of costs.

Supervening Events. Pursuant to the C-70 Project Agreement, certain Supervening Events may require Compensation to be paid by the Enterprises to the Developer during the Operating Period. Except as otherwise provided specifically herein, the Parties agree to allocate the cost of such Compensation between CDOT and HPTE based on the Pro-Rata O&M Cost Calculation, provided that any Compensation due to a Supervening Event that arises solely due to the action or inaction of CDOT, without prior notification to and acknowledgment by HPTE, will be allocated 100% to CDOT, and provided also that: a. Any Compensation due to any incident of physical damage to an Element of the Project or delay of or disruption to the Work caused by installation, testing or maintenance of any ETC or ITS Elements by the ETC System Integrator pursuant to the E-470 TSA▇- ▇▇▇ ▇▇▇, the E-470 Installation Agreement, or any successor agreements thereto (subsection g.i. of the definition of Compensation Event in the C-70 Project Agreement) will be allocated 100% to HPTE; and b. Any Compensation due to any incident of physical damage to an Element of the Project or delay of or disruption to the Work caused by the construction, operation or maintenance of any Other Department Project, or any other facility, infrastructure or project constructed, operated and/or maintained by CDOT, within or in the vicinity of the Right-of-Way (subsection g.ii. of the definition of Compensation Event in the C-70 Project Agreement) will be allocated 100% to CDOT. Notwithstanding the foregoing, HPTE and CDOT may agree in advance of any Compensation becoming due to the Developer in respect of any Supervening Event to a different allocation of costs.