Authorization to Toll. 3.1.1 Except as provided in Section 3.1.3, Developer shall have the exclusive right to (a) impose tolls upon the Users of the Managed Lanes, (b) establish, modify and adjust the rate of such tolls, and (c) enforce and collect tolls from the Users of the Managed Lanes, all in accordance with and subject to the terms and conditions contained in this Agreement, including those set forth in this Article 3 and in Exhibit 4. 3.1.2 The foregoing authorization includes the right, to the extent permitted by applicable Law, and subject to the terms and conditions set forth in Exhibit 4 and the terms, rules and regulations that may be established for uniform account maintenance and reconciliation among operators of electronically tolled facilities in the State, to fix, charge, enforce and collect Incidental Charges with respect to electronic tolling accounts managed by Developer or its Contractor, and Video Transaction Toll Premiums. Except for toll violation penalties and Incidental Charges in effect under Exhibit 4, the amount of any Incidental Charges shall not exceed the amount reasonably necessary for Developer to recover its reasonable out-of-pocket and documented costs and expenses directly incurred with respect to the items, services and work for which they are levied; provided that whenever the NTTA Tolling Services Agreement or any TxDOT Tolling Services Agreement is in effect, the provisions thereof shall govern the amount of any toll violation penalties and Incidental Charges imposed by the NTTA or TxDOT. 3.1.3 Developer has no authority or right to impose any toll, fee, charge or other amount (a) on any Managed Lanes of a Facility Segment until the Service Commencement Date for such Facility Segment or (b) for use of any portion of the Facility other than the Managed Lanes. Developer has no authority or right to impose any fee, charge or other amount for use of the Facility other than the tolls, including Video Transaction Toll Premiums, and Incidental Charges specifically authorized by this Article 3. 3.1.4 Developer shall implement toll collection systems that charge, debit and collect tolls only at or through the electronic tolling facilities physically located on the Facility Right of Way or through global positioning system technologies or other remote sensing technologies that charge, debit and collect tolls only for actual vehicular use of the Managed Lanes provided that such toll collection method is in compliance with the requirements of Section 8.7. 3.1.5 Except as provided otherwise in Sections 3.1.7, 3.3 and 3.4 and Exhibit 4, and except for toll violations not reasonably collectible, Developer shall require payment of tolls for use of the Managed Lanes. 3.1.6 Except as otherwise provided in Section 19.10, nothing in this Agreement shall obligate or be construed as obligating TxDOT to continue or cease tolls after the end of the Term. 3.1.7 With TxDOT’s consent, Developer may allow for the use of the Managed Lanes or any portion thereof for a limited period of time after the applicable Service Commencement Date without imposing any fee or charge, provided Developer complies with measures to ensure that the Facility or such portion thereof is not deemed under State Law to be the conversion of a free facility to a tolled facility at the end of the free period. At Developer’s request, TxDOT will confer with Developer to help identify measures to prevent conversion.
Appears in 6 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Authorization to Toll. 3.1.1 Except as provided in Section 3.1.3, Developer shall have the exclusive right to
(a) impose tolls upon the Users of the Managed Lanes, (b) establish, modify and adjust the rate of such tolls, and (c) enforce and collect tolls from the Users of the Managed Lanes, all in accordance with and subject to the terms and conditions contained in this Agreement, including those set forth in this Article 3 3, in Exhibit 4 and in Exhibit 4Section 1 of the Technical Provisions.
3.1.2 The foregoing authorization includes the right, to the extent permitted by applicable Law, and subject to the terms and conditions set forth in Exhibit 4 and the terms, rules and regulations that may be established for uniform account maintenance and reconciliation among operators of electronically tolled facilities in the State, to fix, charge, enforce and collect Incidental Charges with respect to electronic tolling accounts managed by Developer or its Contractor, and Video Transaction Toll Premiums. Except for toll violation penalties and Incidental Charges in effect under Exhibit 4, the amount of any Incidental Charges shall not exceed the amount reasonably necessary for Developer to recover its reasonable out-out- of-pocket and documented costs and expenses directly incurred with respect to the items, services and work for which they are levied; provided that whenever the NTTA Tolling Services Agreement or any TxDOT Tolling Services Agreement is in effect, the provisions thereof shall govern the amount of any toll violation penalties and Incidental Charges imposed by the NTTA or TxDOT.
3.1.3 Developer has no authority or right to impose any toll, fee, charge or other amount amount
(a) on any Managed Lanes of a Facility any Project Segment until the Service Commencement Date for such Facility the Project Segment or (b) for use of any portion of the Facility Project other than the Managed Lanes. Developer has no authority or right to impose any fee, charge or other amount for use of the Facility Project other than the tolls, including Video Transaction Toll Premiums, and Incidental Charges specifically authorized by this Article 3.
3.1.4 Developer shall implement toll collection systems that charge, debit and collect tolls only at or through the electronic tolling facilities physically located on the Facility Project Right of Way or through global positioning system technologies or other remote sensing technologies that charge, debit and collect tolls only for actual vehicular use of the Managed Lanes provided that such toll collection method is in compliance with the requirements of Section 8.7.
3.1.5 Except as provided otherwise in Sections 3.1.7, 3.3 3.5 and 3.4 3.6 and Exhibit 4, and except for toll violations not reasonably collectible, Developer shall require payment of tolls for use of the Managed Lanes.
3.1.6 Except as otherwise provided in Section 19.10, nothing in this Agreement shall obligate or be construed as obligating TxDOT to continue or cease tolls after the end of the Term.
3.1.7 With TxDOT’s consent, Developer may allow for the use of the Managed Lanes or any portion thereof for a limited period of time after the applicable Service Commencement Date without imposing any fee or charge, provided Developer complies with measures to ensure that the Facility Project or such portion thereof is not deemed under State Law to be the conversion of a free facility to a tolled facility at the end of the free periodunder State Law. At Developer’s request, TxDOT will confer with Developer to help identify measures to prevent conversion.
Appears in 4 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Authorization to Toll. 3.1.1 Except as provided in Section 3.1.3, Developer shall have the exclusive right to
(a) impose tolls upon the Users of the Managed Lanes, (b) establish, modify and adjust the rate of such tolls, and (c) enforce and collect tolls from the Users of the Managed Lanes, all in accordance with and subject to the terms and conditions contained in this Agreement, including those set forth in this Article 3 and in Exhibit 4.
3.1.2 The foregoing authorization includes the right, to the extent permitted by applicable Law, and subject to the terms and conditions set forth in Exhibit 4 and the terms, rules and regulations that may be established for uniform account maintenance and reconciliation among operators of electronically tolled facilities in the State, to fix, charge, enforce and collect Incidental Charges with respect to electronic tolling accounts managed by Developer or its Contractor, and Video Transaction Toll Premiums. Except for toll violation penalties and Incidental Charges in effect under Exhibit 4, the amount of any Incidental Charges shall not exceed the amount reasonably necessary for Developer to recover its reasonable out-of-pocket and documented costs and expenses directly incurred with respect to the items, services and work for which they are levied; provided that whenever the NTTA Tolling Services Agreement or any TxDOT Tolling Services Agreement is in effect, the provisions thereof shall govern the amount of any toll violation penalties and Incidental Charges imposed by the NTTA or TxDOT.
3.1.3 Developer has no authority or right to impose any toll, fee, charge or other amount (a) on any Managed Lanes of a Facility Segment until the Service Commencement Date for such Facility Segment or (b) for use of any portion of the Facility other than the Managed Lanes. Developer has no authority or right to impose any fee, charge or other amount for use of the Facility other than the tolls, including Video Transaction Toll Premiums, and Incidental Charges specifically authorized by this Article 3.
3.1.4 Developer shall implement toll collection systems that charge, debit and collect tolls only at or through the electronic tolling facilities physically located on the Facility Right of Way or through global positioning system technologies or other remote sensing technologies that charge, debit and collect tolls only for actual vehicular use of the Managed Lanes provided that such toll collection method is in compliance with the requirements of Section 8.7.
3.1.5 Except as provided otherwise in Sections 3.1.7, 3.3 and 3.4 and Exhibit 4, and except for toll violations not reasonably collectible, Developer shall require payment of tolls for use of the Managed Lanes.
3.1.6 Except as otherwise provided in Section 19.10, nothing in this Agreement shall obligate or be construed as obligating TxDOT to continue or cease tolls after the end of the Term.
3.1.7 With TxDOT’s consent, Developer may allow for the use of the Managed Lanes or any portion thereof for a limited period of time after the applicable Service Commencement Date without imposing any fee or charge, provided Developer complies with measures to ensure that the Facility or such portion thereof is not deemed under State Law to be the conversion of a free facility to a tolled facility at the end of the free period. At Developer’s request, TxDOT will confer with Developer to help identify measures to prevent conversion.to
Appears in 3 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Authorization to Toll. 3.1.1 Except as provided in Section 3.1.3, Developer shall have the exclusive right to
(a) impose tolls upon the Users of the Managed Lanes, (b) establish, modify and adjust the rate of such tolls, and (c) enforce and collect tolls from the Users of the Managed Lanes, all in accordance with and subject to the terms and conditions contained in this Agreement, including those set forth in this Article 3 3, in Exhibit 4 and in Exhibit 4Section 1 of the Technical Provisions.
3.1.2 The foregoing authorization includes the right, to the extent permitted by applicable Law, and subject to the terms and conditions set forth in Exhibit 4 and the terms, rules and regulations that may be established for uniform account maintenance and reconciliation among operators of electronically tolled facilities in the State, to fix, charge, enforce and collect Incidental Charges with respect to electronic tolling accounts managed by Developer or its Contractor, and Video Transaction Toll Premiums. Except for toll violation penalties and Incidental Charges in effect under Exhibit 4, the amount of any Incidental Charges shall not exceed the amount reasonably necessary for Developer to recover its reasonable out-out- of-pocket and documented costs and expenses directly incurred with respect to the items, services and work for which they are levied; provided that whenever the NTTA Tolling Services Agreement or any TxDOT Tolling Services Agreement is in effect, the provisions thereof shall govern the amount of any toll violation penalties and Incidental Charges imposed by the NTTA or TxDOT.
3.1.3 Developer has no authority or right to impose any toll, fee, charge or other amount (a) on any Managed Lanes of a Facility any Toll Segment until the Service Commencement Date for such Facility the Toll Segment or (b) for use of any portion of the Facility Project other than the Managed Lanes. Developer has no authority or right to impose any fee, charge or other amount for use of the Facility Project other than the tolls, including Video Transaction Toll Premiums, and Incidental Charges specifically authorized by this Article 3.
3.1.4 Developer shall implement toll collection systems that charge, debit and collect tolls only at or through the electronic tolling facilities physically located on the Facility Project Right of Way or through global positioning system technologies or other remote sensing technologies that charge, debit and collect tolls only for actual vehicular use of the Managed Lanes provided that such toll collection method is in compliance with the requirements of Section 8.7.
3.1.5 Except as provided otherwise in Sections 3.1.7, 3.3 3.5 and 3.4 3.6 and Exhibit 4, and except for toll violations not reasonably collectible, Developer shall require payment of tolls for use of the Managed Lanes.
3.1.6 Except as otherwise provided in Section 19.10, nothing in this Agreement shall obligate or be construed as obligating TxDOT to continue or cease tolls after the end of the Term.
3.1.7 With TxDOT’s consent, Developer may allow for the use of the Managed Lanes or any portion thereof for a limited period of time after the applicable Service Commencement Date without imposing any fee or charge, provided Developer complies with measures to ensure that the Facility Project or such portion thereof is not deemed under State Law to be the conversion of a free facility to a tolled facility at the end of the free periodunder State Law. At Developer’s request, TxDOT will confer with Developer to help identify measures to prevent conversion.
Appears in 3 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Authorization to Toll. 3.1.1 Except as provided in Section 3.1.3, Developer shall have the exclusive right to
(a) impose tolls upon the Users of the Managed Lanes, (b) establish, modify and adjust the rate of such tolls, and (c) enforce and collect tolls from the Users of the Managed Lanes, all in accordance with and subject to the terms and conditions contained in this Agreement, including those set forth in this Article 3 and in Exhibit 4.
3.1.2 The foregoing authorization includes the right, to the extent permitted by applicable Law, and subject to the terms and conditions set forth in Exhibit 4 and the terms, rules and regulations that may be established for uniform account maintenance and reconciliation among operators of electronically tolled facilities in the State, to fix, charge, enforce and collect Incidental Charges with respect to electronic tolling accounts managed by Developer or its Contractor, and Video Transaction Toll Premiums. Except for toll violation penalties and Incidental Charges in effect under Exhibit 4, the amount of any Incidental Charges shall not exceed the amount reasonably necessary for Developer to recover its reasonable out-of-pocket and documented costs and expenses directly incurred with respect to the items, services and work for which they are levied; provided that whenever the NTTA Tolling Services Agreement or any TxDOT Tolling Services Agreement is in effect, the provisions thereof shall govern the amount of any toll violation penalties and Incidental Charges imposed by the NTTA or TxDOT.
3.1.3 Developer has no authority or right to impose any toll, fee, charge or other amount (a) on any Managed Lanes of a Facility Segment until the Service Commencement Date for such Facility Segment or (b) for use of any portion of the Facility other than the Managed Lanes. Developer has no authority or right to impose any fee, charge or other amount for use of the Facility other than the tolls, including Video Transaction Toll Premiums, and Incidental Charges specifically authorized by this Article 3.
3.1.4 Developer shall implement toll collection systems that charge, debit and collect tolls only at or through the electronic tolling facilities physically located on the Facility Right of Way or through global positioning system technologies or other remote sensing technologies that charge, debit and collect tolls only for actual vehicular use of the Managed Lanes provided that such toll collection method is in compliance with the requirements of Section 8.7.
3.1.5 Except as provided otherwise in Sections 3.1.7, 3.3 and 3.4 and Exhibit 4, and except for toll violations not reasonably collectible, Developer shall require payment of tolls for use of the Managed Lanes.
3.1.6 Except as otherwise provided in Section 19.10, nothing in this Agreement shall obligate or be construed as obligating TxDOT to continue or cease tolls after the end of the Term.
3.1.7 With TxDOT’s consent, Developer may allow for the use of the Managed Lanes or any portion thereof for a limited period of time after the applicable Service Commencement Date without imposing any fee or charge, provided Developer complies with measures to ensure that the Facility or such portion thereof is not deemed under State Law to be the conversion of a free facility to a tolled facility at the end of the free periodunder State Law. At Developer’s request, TxDOT will confer with Developer to help identify measures to prevent conversion.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Authorization to Toll. 3.1.1 Except as provided in Section 3.1.3, Developer shall have the exclusive right to
(a) impose tolls upon the Users of the Managed Lanes, (b) establish, modify and adjust the rate of such tolls, and (c) enforce and collect tolls from the Users of the Managed Lanes, all in accordance with and subject to the terms and conditions contained in this Agreement, including those set forth in this Article 3 3, in Exhibit 4 and in Exhibit 4Section 1 of the Technical Provisions.
3.1.2 The foregoing authorization includes the right, to the extent permitted by applicable Law, and subject to the terms and conditions set forth in Exhibit 4 and the terms, rules and regulations that may be established for uniform account maintenance and reconciliation among operators of electronically tolled facilities in the State, to fix, charge, enforce and collect Incidental Charges with respect to electronic tolling accounts managed by Developer or its Contractor, and Video Transaction Toll Premiums. Except for toll violation penalties and Incidental Charges in effect under Exhibit 4, the amount of any Incidental Charges shall not exceed the amount reasonably necessary for Developer to recover its reasonable out-out- of-pocket and documented costs and expenses directly incurred with respect to the items, services and work for which they are levied; provided that whenever the NTTA Tolling Services Agreement or any TxDOT Tolling Services Agreement is in effect, the provisions thereof shall govern the amount of any toll violation penalties and Incidental Charges imposed by the NTTA or TxDOT.
3.1.3 Developer has no authority or right to impose any toll, fee, charge or other amount (a) on any Managed Lanes of a Facility any Project Segment until the Service Commencement Date for such Facility the Project Segment or (b) for use of any portion of the Facility Project other than the Managed Lanes. Developer has no authority or right to impose any fee, charge or other amount for use of the Facility Project other than the tolls, including Video Transaction Toll Premiums, and Incidental Charges specifically authorized by this Article 3.
3.1.4 Developer shall implement toll collection systems that charge, debit and collect tolls only at or through the electronic tolling facilities physically located on the Facility Project Right of Way or through global positioning system technologies or other remote sensing technologies that charge, debit and collect tolls only for actual vehicular use of the Managed Lanes provided that such toll collection method is in compliance with the requirements of Section 8.7.
3.1.5 Except as provided otherwise in Sections 3.1.7, 3.3 3.5 and 3.4 3.6 and Exhibit 4, and except for toll violations not reasonably collectible, Developer shall require payment of tolls for use of the Managed Lanes.
3.1.6 Except as otherwise provided in Section 19.10, nothing in this Agreement shall obligate or be construed as obligating TxDOT to continue or cease tolls after the end of the Term.
3.1.7 With TxDOT’s consent, Developer may allow for the use of the Managed Lanes or any portion thereof for a limited period of time after the applicable Service Commencement Date without imposing any fee or charge, provided Developer complies with measures to ensure that the Facility Project or such portion thereof is not deemed under State Law to be the conversion of a free facility to a tolled facility at the end of the free periodunder State Law. At Developer’s request, TxDOT will confer with Developer to help identify measures to prevent conversion.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Authorization to Toll. 3.1.1 Except as provided in Section 3.1.3, Developer shall have the exclusive right to
(a) impose tolls upon the Users of the Managed Lanes, (b) establish, modify and adjust the rate of such tolls, and (c) enforce and collect tolls from the Users of the Managed Lanes, all in accordance with and subject to the terms and conditions contained in this Agreement, including those set forth in this Article 3 and in Exhibit 4.
3.1.2 The foregoing authorization includes the right, to the extent permitted by applicable Law, and subject to the terms and conditions set forth in Exhibit 4 and the terms, rules and regulations that may be established for uniform account maintenance and reconciliation among operators of electronically tolled facilities in within and outside the State, to fix, charge, enforce and collect Incidental Charges with respect to electronic tolling accounts managed by Developer or its Contractor, and Video Transaction Toll Premiums; provided that whenever the TxDOT Tolling Services Agreement is in effect, TxDOT, or its permitted subcontractor, shall exclusively fix, charge, enforce and collect Incidental Charges and Video Transaction Toll Premiums. Except for toll violation penalties and Incidental Charges in effect under Exhibit 4, the amount of any Incidental Charges imposed by Developer when the TxDOT Tolling Services Agreement is not in effect shall not exceed the amount reasonably necessary for Developer to recover its reasonable out-of-pocket and documented costs and expenses directly incurred with respect to the items, services and work for which they are levied; provided that whenever the NTTA Tolling Services Agreement or any TxDOT Tolling Services Agreement is in effect, the provisions thereof shall govern the amount of any toll violation penalties and Incidental Charges imposed by the NTTA or TxDOT.
3.1.3 Developer has no authority or right to impose any toll, fee, charge or other amount (a) on any Managed Lanes of a Facility Segment until the Service Commencement Date for such Facility Segment or (b) for use of any portion of the Facility other than the Managed Lanes. Developer has no authority or right to impose any fee, charge or other amount for use of the Facility other than the tolls, including Video Transaction Toll Premiums, and Incidental Charges specifically authorized by this Article 3.
3.1.4 Developer shall implement toll collection systems that charge, debit and collect tolls only at or through the electronic tolling facilities physically located on the Facility Right of Way or through global positioning system technologies or other remote sensing technologies that charge, debit and collect tolls only for actual vehicular use of the Managed Lanes provided that such toll collection method is in compliance with the requirements of Section 8.7.
3.1.5 Except as provided otherwise in Sections 3.1.7, 3.3 and 3.4 and Exhibit 4, and except for toll violations not reasonably collectible, Developer shall require payment of tolls for use of the Managed Lanes.
3.1.6 Except as otherwise provided in Section 19.10, nothing in this Agreement shall obligate or be construed as obligating TxDOT to continue or cease tolls after the end of the Term.
3.1.7 With TxDOT’s consent, Developer may allow for the use of the Managed Lanes or any portion thereof for a limited period of time after the applicable Service Commencement Date without imposing any fee or charge, provided Developer complies with measures to ensure that the Facility or such portion thereof is not deemed under State Law to be the conversion of a free facility to a tolled facility at the end of the free period. At Developer’s request, TxDOT will confer with Developer to help identify measures to prevent conversion.
Appears in 1 contract
Samples: Facility Agreement
Authorization to Toll. 3.1.1 Except as provided in Section 3.1.3, Developer shall have the exclusive right to
(a) impose tolls upon the Users of the Managed Lanes, (b) establish, modify and adjust the rate of such tolls, and (c) enforce and collect tolls from the Users of the Managed Lanes, all in accordance with and subject to the terms and conditions contained in this Agreement, including those set forth in this Article 3 and in Exhibit 4.
3.1.2 The foregoing authorization includes the right, to the extent permitted by applicable Law, and subject to the terms and conditions set forth in Exhibit 4 and the terms, rules and regulations that may be established for uniform account maintenance and reconciliation among operators of electronically tolled facilities in the State, to fix, charge, enforce and collect Incidental Charges with respect to electronic tolling accounts managed by Developer or its Contractor, and Video Transaction Toll Premiums. Except for toll violation penalties and Incidental Charges in effect under Exhibit 4, the amount of any Incidental Charges shall not exceed the amount reasonably necessary for Developer to recover its reasonable out-of-pocket and documented costs and expenses directly incurred with respect to the items, services and work for which they are levied; provided that whenever the NTTA Tolling Services Agreement or any TxDOT Tolling Services Agreement is in effect, the provisions thereof shall govern the amount of any toll violation penalties and Incidental Charges imposed by the NTTA or TxDOT.
3.1.3 Developer has no authority or right to impose any toll, fee, charge or other amount (a) on any Managed Lanes of a the Facility Segment until the Service Commencement Date for such the Facility Segment or (b) for use of any portion of the Facility other than the Managed Lanes. Developer has no authority or right to impose any fee, charge or other amount for use of the Facility other than the tolls, including Video Transaction Toll Premiums, and Incidental Charges specifically authorized by this Article 3.
3.1.4 Developer shall implement toll collection systems that charge, debit and collect tolls only at or through the electronic tolling facilities physically located on the Facility Right of Way or through global positioning system technologies or other remote sensing technologies that charge, debit and collect tolls only for actual vehicular use of the Managed Lanes provided that such toll collection method is in compliance with the requirements of Section 8.7.
3.1.5 Except as provided otherwise in Sections 3.1.7, 3.3 and 3.4 and Exhibit 4, and except for toll violations not reasonably collectible, Developer shall require payment of tolls for use of the Managed Lanes.
3.1.6 Except as otherwise provided in Section 19.10, nothing in this Agreement shall obligate or be construed as obligating TxDOT to continue or cease tolls after the end of the Term.
3.1.7 With TxDOT’s consent, Developer may allow for the use of the Managed Lanes or any portion thereof for a limited period of time after the applicable Service Commencement Date without imposing any fee or charge, provided Developer complies with measures to ensure that the Facility or such portion thereof is not deemed under State Law to be the conversion of a free facility to a tolled facility at the end of the free period. At Developer’s request, TxDOT will confer with Developer to help identify measures to prevent conversion.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Authorization to Toll. 3.1.1 Except as provided in Section 3.1.3, Developer shall have the exclusive right to
(a) impose tolls upon the Users of the Managed Lanes, (b) establish, modify and adjust the rate of such tolls, and (c) enforce and collect tolls from the Users of the Managed Lanes, all in accordance with and subject to the terms and conditions contained in this Agreement, including those set forth in this Article 3 and in Exhibit 4.
3.1.2 The foregoing authorization includes the right, to the extent permitted by applicable Law, and subject to the terms and conditions set forth in Exhibit 4 and the terms, rules and regulations that may be established for uniform account maintenance and reconciliation among operators of electronically tolled facilities in the State, to fix, charge, enforce and collect Incidental Charges with respect to electronic tolling accounts managed by Developer or its Contractor, and Video Transaction Toll Premiums. Except for toll violation penalties and Incidental Charges in effect under Exhibit 4, the amount of any Incidental Charges shall not exceed the amount reasonably necessary for Developer to recover its reasonable out-out- of-pocket and documented costs and expenses directly incurred with respect to the items, services and work for which they are levied; provided that whenever the NTTA Tolling Services Agreement or any TxDOT Tolling Services Agreement is in effect, the provisions thereof shall govern the amount of any toll violation penalties and Incidental Charges imposed by the NTTA or TxDOT.
3.1.3 Developer has no authority or right to impose any toll, fee, charge or other amount (a) on any Managed Lanes of a Facility Segment until the Service Commencement Date for such Facility Segment or (b) for use of any portion of the Facility other than the Managed Lanes. Developer has no authority or right to impose any fee, charge or other amount for use of the Facility other than the tolls, including Video Transaction Toll Premiums, and Incidental Charges specifically authorized by this Article 3.
3.1.4 Developer shall implement toll collection systems that charge, debit and collect tolls only at or through the electronic tolling facilities physically located on the Facility Right of Way or through global positioning system technologies or other remote sensing technologies that charge, debit and collect tolls only for actual vehicular use of the Managed Lanes provided that such toll collection method is in compliance with the requirements of Section 8.7.
3.1.5 Except as provided otherwise in Sections 3.1.7, 3.3 and 3.4 and Exhibit 4, and except for toll violations not reasonably collectible, Developer shall require payment of tolls for use of the Managed Lanes.
3.1.6 Except as otherwise provided in Section 19.10, nothing in this Agreement shall obligate or be construed as obligating TxDOT to continue or cease tolls after the end of the Term.
3.1.7 With TxDOT’s consent, Developer may allow for the use of the Managed Lanes or any portion thereof for a limited period of time after the applicable Service Commencement Date without imposing any fee or charge, provided Developer complies with measures to ensure that the Facility or such portion thereof is not deemed under State Law to be the conversion of a free facility to a tolled facility at the end of the free period. At Developer’s request, TxDOT will confer with Developer to help identify measures to prevent conversion.for
Appears in 1 contract
Samples: Comprehensive Development Agreement