Common use of Utility Enhancements Clause in Contracts

Utility Enhancements. ‌ Design-Build Contractor shall be responsible for addressing any requests by Utility Owners that Design-Build Contractor design and/or construct a Betterment or Utility Owner Project (collectively, “Utility Enhancement”). Any Betterment performed as part of a Utility Adjustment, whether by Design-Build Contractor or by the Utility Owner, shall be subject to the same standards and requirements as if it were a necessary Utility Adjustment, and shall be addressed in the applicable Utility Agreement. Design-Build Contractor shall perform any work on a Utility Owner Project only by separate contract outside of the Work. Under no circumstances shall Design-Build Contractor proceed with any Utility Enhancement that is incompatible with the Project or is not in compliance with applicable Governmental Rules, the Governmental Approvals or the PPA Documents, including the Completion Deadlines. Under no circumstances will Design-Build Contractor be entitled to any additional compensation or time extension hereunder as the result of any Utility Enhancement, whether performed by Design-Build Contractor or by the Utility Owner. Design-Build Contractor may, but is not obligated to, design and construct Utility Enhancements. Design-Build Contractor shall provide IFA with such information, analyses, and certificates as IFA may request in order to determine compliance with this Section 6.6.‌

Utility Enhancements. ‌ Design-Build Contractor shall be responsible for addressing any requests by Utility Owners that Design-Build Contractor design and/or construct a Betterment or Utility Owner Project (collectively, “Utility Enhancement”). Any Betterment performed as part of a Utility Adjustment, whether by Design-Build Contractor or by the Utility Owner, shall be subject to the same standards and requirements as if it were a necessary Utility Adjustment, and shall be addressed in the applicable Utility Agreement. Design-Build Contractor shall perform any work on a Utility Owner Project only by separate contract outside of the Work. Under no circumstances shall Design-Build Contractor proceed with any Utility Enhancement that is incompatible with the Project or is not in compliance with applicable Governmental Rules, the Governmental Approvals or the PPA Documents, including the Completion Deadlines. Under no circumstances will Design-Build Contractor be entitled to any additional compensation or time extension hereunder as the result of any Utility Enhancement, whether performed by Design-Build Contractor or by the Utility Owner. Design-Build Contractor may, but is not obligated to, design and construct Utility Enhancements. Design-Build Contractor shall provide IFA with such information, analyses, and certificates as IFA may request in order to determine compliance with this Section 6.6.‌6.6.