Common use of Unidentified Utilities Clause in Contracts

Unidentified Utilities. DB Contractor shall be entitled to an increase in the Price in connection with certain increases in the cost of the Work due to Unidentified Utilities within the Final Design ROW. Such increase shall be determined on a facility-by-facility basis, and shall apply for a particular Unidentified Utility facility only if the Basic Costs for the Utility Adjustment for that facility are greater than $25,000. The amount of the Price increase in any Change Order issued under this Section 6.5.1.2 for each such Unidentified Utility facility shall be equal to the Basic Costs for that facility, less $25,000 (which amount shall be the DB Contractor’s sole responsibility). Notwithstanding the foregoing, an aggregate cap of $100,000 shall apply to the total amount of such $25,000 “deductibles” that are DB Contractor’s responsibility.

Unidentified Utilities. DB Contractor shall be entitled to an increase in the Price in connection with certain increases in the cost of the Work due to Unidentified Utilities within the Final Design ROW. Such increase shall be determined on a facility-by-facility basis, and shall apply for a particular Unidentified Utility facility only if the Basic Costs for the Utility Adjustment for that facility are greater than $25,000. The amount of the Price increase in any Change Order issued under this Section 6.5.1.2 for each such Unidentified Utility facility shall be equal to the Basic Costs for that facility, less $25,000 (which amount shall be the DB Contractor’s sole responsibility). Notwithstanding the foregoing, an aggregate cap of $100,000 shall apply to the total amount of such $25,000 “deductibles” that are DB Contractor’s responsibility.