Utility Enhancements. Developer shall respond to any requests by Utility Owners that Developer design and/or construct Betterments or Utility Owner Projects (collectively, "Utility Enhancements"), although Developer is not required to agree to such requests. Any Betterment performed as part of Utility Adjustment, whether by Developer or by the Utility Owner, shall be subject to the requirements of this Section 4.5 as if it were a Utility Adjustment. Developer shall perform any work on a Utility Owner Project only by separate contract outside of the Work. Any proposed Utility Enhancement shall be subject to the Department’s prior approval. Under no circumstances shall Developer proceed with any Utility Enhancement that is incompatible with the Project or is not in compliance with the Contract Documents. Developer shall not be entitled to any Extra Work Costs, Delay Costs, time or Completion Deadline extension, compensation for losses due to delays in commencement of Availability Payments or for additional interest costs due to delayed receipt of the Milestone Payment, or other relief as the result of any Utility Enhancement, whether performed by Developer or by the Utility Owner. Developer shall be responsible for and liable to the Department for any deficiencies relating to any Utility Enhancements.
Appears in 2 contracts
Sources: Public Private Partnership Agreement, Public Private Partnership Agreement
Utility Enhancements. Developer shall respond to any requests by Utility Owners that Developer design and/or construct Betterments or Utility Owner Projects (collectively, "Utility Enhancements"), although Developer is not required to agree to such requests. Any Betterment performed as part of Utility Adjustment, whether by Developer or by the Utility Owner, shall be subject to the requirements of this Section 4.5 as if it were a Utility Adjustment. Developer shall perform any work on a Utility Owner Project only by separate contract outside of the Work. Any proposed Utility Enhancement shall be subject to the Department’s prior approval. Under no circumstances shall Developer proceed with any Utility Enhancement that is incompatible with the Project or is not in compliance with the Contract Documents. Developer shall not be entitled to any Extra Work Costs, Delay Costs, time or Completion Deadline extension, compensation for losses due to delays in commencement of Availability Payments or for additional interest costs due to delayed receipt of the Milestone Payment, or other relief as the result of any Utility Enhancement, whether performed by Developer or by the Utility Owner. Developer shall be responsible for and liable to the Department for any deficiencies relating to any Utility Enhancements.
Appears in 1 contract
Sources: Public Private Partnership Agreement