395 Gate Control System. The Parties acknowledge that the Letter Agreement dated November 17, 2014 (the “395 Letter Agreement”) between the Parties is hereby terminated. The Concessionaire will continue to operate and maintain the I-395 gate control system during the construction of the 395 Project. The Department’s payments to the Concessionaire will continue under this Agreement in the amounts set forth in the 395 Letter Agreement until the 395 Service Commencement Date. The Department will only pay the lump sum payments set forth in the 395 Letter Agreement through December 2018. The Department will pay the Concessionaire a lump sum payment for the operation and maintenance of the I-395 gate control system on the 395 Service Commencement Date equal to the pro rata share of $581,233 from January 2019 to the 395 Service Commencement Date. The Concessionaire will be responsible for all costs of repair for any damage to the gate control system caused during the Construction Period for the 395 Project. After the 395 Service Commencement Date, the Concessionaire will be responsible for all costs related to the gate control system.
