Changes in User Classifications. 3.2.1 Developer has irrevocably selected a User Classification system as set forth in Exhibit 4. Developer may not change from the system selected, and may not change, add to or delete any of the User Classifications within the selected system as set forth in Exhibit 4, without TxDOT’s express prior written consent pursuant to this Section 3.2. 3.2.2 If Developer desires to change from the system selected, or change, add to or delete any of the User Classifications within the selected system, Developer shall apply to TxDOT for permission to implement such change, addition or deletion at least 210 days prior to the proposed effective date of such change. Such application shall set forth: 3.2.2.1 Each proposed change, addition or deletion; 3.2.2.2 The date each change, addition or deletion shall become effective; 3.2.2.3 The length of time each change, addition or deletion shall be in effect; 3.2.2.4 The reason Developer requests each change, addition or deletion; 3.2.2.5 The effect each change, addition or deletion is likely to have upon Users and traffic patterns; 3.2.2.6 A thorough report and analysis of the effect each change, addition or deletion is anticipated to have on Developer’s internal rate of return (determined using the Financial Model Formulas), including the effects on the Base Case Financial Model Update (or, if there has been no Update, on the Base Case Financial Model) and on the assumptions and data therein; and 3.2.2.7 Such other information and data as TxDOT may reasonably 3.2.3 Developer’s application shall be deemed granted without conditions unless within 120 days after receipt of a completed application TxDOT advises Developer that it has granted Developer’s application with conditions or denied Developer’s application. TxDOT may deny an application or impose conditions to granting an application in its sole discretion, including conditioning approval on new or an adjustment of compensation for TxDOT under this Agreement. TxDOT’s decision shall not be subject to dispute resolution. If Xxxxxxxxx finds TxDOT’s conditions to the grant of an application to be unacceptable, Developer may withdraw the application and continue with the then-existing User Classifications. If Developer resubmits an application after rejection or imposition of conditions, the above procedures shall apply to the resubmitted application. 3.2.4 If Developer’s application is deemed granted without conditions or is granted subject to conditions acceptable to Developer, then: 3.2.4.1 Developer may implement such change in User Classification on the effective date set forth in the application, subject to such conditions, if any, imposed by TxDOT, and subject to first giving notice to the public of the change, addition or deletion in the same manner as provided in Sections D.2.a and D.2.b of Exhibit 4; and 3.2.4.2 The Parties shall promptly amend (a) Exhibit 4 to incorporate the change, addition or deletion and (b) this Agreement as necessary, in accordance with the accepted conditions.
Appears in 6 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Changes in User Classifications. 3.2.1 3.4.1 Developer has irrevocably selected a User Classification system as set forth in Exhibit 4. Developer may not change from the system selected, and may not change, add to or delete any of the User Classifications within the selected system as set forth in Exhibit 4, without TxDOT’s express prior written consent pursuant to this Section 3.23.4.
3.2.2 3.4.2 If Developer desires to change from the system selected, or change, add to or delete any of the User Classifications within the selected system, Developer shall apply to TxDOT for permission to implement such change, addition or deletion at least 210 days prior to the proposed effective date of such change. Such application shall set forth:
3.2.2.1 3.4.2.1 Each proposed change, addition or deletion;
3.2.2.2 3.4.2.2 The date each change, addition or deletion shall become effective;
3.2.2.3 3.4.2.3 The length of time each change, addition or deletion shall be in effect;
3.2.2.4 3.4.2.4 The reason Developer requests each change, addition or deletion;
3.2.2.5 3.4.2.5 The effect each change, addition or deletion is likely to have upon Users and traffic patterns;
3.2.2.6 3.4.2.6 [RESERVED]
3.4.2.7 A thorough report and analysis of the effect each change, addition or deletion is anticipated to have on Developer’s internal rate of return (determined using the Financial Model Formulas), including the effects on the Base Case Financial Model Update (or, if there has been no Update, on the Base Case Financial Model) and on the assumptions and data therein; and
3.2.2.7 3.4.2.8 Such other information and data as TxDOT may reasonablyreasonably request.
3.2.3 3.4.3 Developer’s application shall be deemed granted without conditions unless within 120 days after receipt of a completed application TxDOT advises Developer that it has granted Developer’s application with conditions or denied Developer’s application. TxDOT may deny an application or impose conditions to granting an application in its sole discretion, including conditioning approval on new or an adjustment of compensation for TxDOT under this Agreement. TxDOT’s decision shall not be subject to dispute resolution. If Xxxxxxxxx finds TxDOT’s conditions to the grant of an application to be unacceptable, Developer may withdraw the application and continue with the then-existing User Classifications. If Developer resubmits an application after rejection or imposition of conditions, the above procedures shall apply to the resubmitted application.
3.2.4 3.4.4 If Developer’s application is deemed granted without conditions or is granted subject to conditions acceptable to Developer, then:
3.2.4.1 3.4.4.1 Developer may implement such change in User Classification on the later of (a) 120 days after TxDOT’s receipt of the completed application or (b) the proposed effective date set forth in the application, subject to such conditions, if any, imposed by TxDOT, and subject to first giving notice to the public of the change, addition or deletion in the same manner as provided in Sections D.2.a and D.2.b of Exhibit 4; and
3.2.4.2 3.4.4.2 The Parties shall promptly amend (a) Exhibit 4 to incorporate the change, addition or deletion and (b) this Agreement as necessary, necessary in accordance with the accepted conditions.
Appears in 3 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
Changes in User Classifications. 3.2.1 3.4.1 Developer has irrevocably selected a User Classification system as set forth in Exhibit 4. Developer may not change from the system selected, and may not change, add to or delete any of the User Classifications within the selected system as set forth in Exhibit 4, without TxDOT’s express prior written consent pursuant to this Section 3.23.4.
3.2.2 3.4.2 If Developer desires to change from the system selected, or change, add to or delete any of the User Classifications within the selected system, Developer shall apply to TxDOT for permission to implement such change, addition or deletion at least 210 days prior to the proposed effective date of such change. Such application shall set forth:
3.2.2.1 3.4.2.1 Each proposed change, addition or deletion;
3.2.2.2 3.4.2.2 The date each change, addition or deletion shall become effective;
3.2.2.3 3.4.2.3 The length of time each change, addition or deletion shall be in effect;
3.2.2.4 3.4.2.4 The reason Developer requests each change, addition or deletion;
3.2.2.5 3.4.2.5 The effect each change, addition or deletion is likely to have upon Users and traffic patterns;
3.2.2.6 3.4.2.6 [RESERVED]
3.4.2.7 A thorough report and analysis of the effect each change, addition or deletion is anticipated to have on Developer’s internal rate of return (determined using the Financial Model Formulas), including the effects on the Base Case Financial Model Update (or, if there has been no Update, on the Base Case Financial Model) and on the assumptions and data therein; and
3.2.2.7 3.4.2.8 Such other information and data as TxDOT may reasonablyreasonably request.
3.2.3 3.4.3 Developer’s application shall be deemed granted without conditions unless within 120 days after receipt of a completed application TxDOT advises Developer that it has granted Developer’s application with conditions or denied Developer’s application. TxDOT may deny an application or impose conditions to granting an application in its sole discretion, including conditioning approval on new or an adjustment of compensation for TxDOT under this Agreement. TxDOT’s decision shall not be subject to dispute resolution. If Xxxxxxxxx finds TxDOT’s conditions to the grant of an application to be unacceptable, Developer may withdraw the application and continue with the then-existing User Classifications. If Developer resubmits an application after rejection or imposition of conditions, the above procedures shall apply to the resubmitted application.an
3.2.4 3.4.4 If Developer’s application is deemed granted without conditions or is granted subject to conditions acceptable to Developer, then:
3.2.4.1 3.4.4.1 Developer may implement such change in User Classification on the effective date set forth in the application, subject to such conditions, if any, imposed by TxDOT, and subject to first giving notice to the public of the change, addition or deletion in the same manner as provided in Sections D.2.a and D.2.b of Exhibit 4; and
3.2.4.2 3.4.4.2 The Parties shall promptly amend (a) Exhibit 4 to incorporate the change, addition or deletion and (b) this Agreement as necessary, necessary in accordance with the accepted conditions.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Changes in User Classifications. 3.2.1 3.4.1 Developer has irrevocably selected a User Classification system as set forth in Exhibit 4. Developer may not change from the system selected, and may not change, add to or delete any of the User Classifications within the selected system as set forth in Exhibit 4, without TxDOT’s express prior written consent pursuant to this Section 3.23.4.
3.2.2 3.4.2 If Developer desires to change from the system selected, or change, add to or delete any of the User Classifications within the selected system, Developer shall apply to TxDOT for permission to implement such change, addition or deletion at least 210 days prior to the proposed effective date of such change. Such application shall set forth:
3.2.2.1 3.4.2.1 Each proposed change, addition or deletion;
3.2.2.2 3.4.2.2 The date each change, addition or deletion shall become effective;
3.2.2.3 3.4.2.3 The length of time each change, addition or deletion shall be in effect;in
3.2.2.4 3.4.2.4 The reason Developer requests each change, addition or deletion;
3.2.2.5 3.4.2.5 The effect each change, addition or deletion is likely to have upon Users and traffic patterns;upon
3.2.2.6 3.4.2.6 [RESERVED]
3.4.2.7 A thorough report and analysis of the effect each change, addition or deletion is anticipated to have on Developer’s internal rate of return (determined using the Financial Model Formulas), including the effects on the Base Case Financial Model Update (or, if there has been no Update, on the Base Case Financial Model) and on the assumptions and data therein; and
3.2.2.7 3.4.2.8 Such other information and data as TxDOT may reasonablyreasonably request.
3.2.3 3.4.3 Developer’s application shall be deemed granted without conditions unless within 120 days after receipt of a completed application TxDOT advises Developer that it has granted Developer’s application with conditions or denied Developer’s application. TxDOT may deny an application or impose conditions to granting an application in its sole discretion, including conditioning approval on new or an adjustment of compensation for TxDOT under this Agreement. TxDOT’s decision shall not be subject to dispute resolution. If Xxxxxxxxx finds TxDOT’s conditions to the grant of an application to be unacceptable, Developer may withdraw the application and continue with the then-existing User Classifications. If Developer resubmits an application after rejection or imposition of conditions, the above procedures shall apply to the resubmitted application.
3.2.4 3.4.4 If Developer’s application is deemed granted without conditions or is granted subject to conditions acceptable to Developer, then:
3.2.4.1 3.4.4.1 Developer may implement such change in User Classification on the later of (a) 120 days after TxDOT’s receipt of the completed application or (b) the proposed effective date set forth in the application, subject to such conditions, if any, imposed by TxDOT, and subject to first giving notice to the public of the change, addition or deletion in the same manner as provided in Sections D.2.a and D.2.b of Exhibit 4; and
3.2.4.2 3.4.4.2 The Parties shall promptly amend (a) Exhibit 4 to incorporate the change, addition or deletion and (b) this Agreement as necessary, necessary in accordance with the accepted conditions.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Changes in User Classifications. 3.2.1 Developer has irrevocably selected a User Classification system as set forth in Exhibit 4. Developer may not change from the system selected, and may not change, add to or delete any of the User Classifications within the selected system as set forth in Exhibit 4, without TxDOT’s express prior written consent pursuant to this Section 3.2.
3.2.2 If Developer desires to change from the system selected, or change, add to or delete any of the User Classifications within the selected system, Developer shall apply to TxDOT for permission to implement such change, addition or deletion at least 210 days prior to the proposed effective date of such change. Such application shall set forth:
3.2.2.1 Each proposed change, addition or deletion;
3.2.2.2 The date each change, addition or deletion shall become effective;become
3.2.2.3 The length of time each change, addition or deletion shall be in effect;in
3.2.2.4 The reason Developer requests each change, addition or deletion;
3.2.2.5 The effect each change, addition or deletion is likely to have upon Users and traffic patterns;
3.2.2.6 A thorough report and analysis of the effect each change, addition or deletion is anticipated to have on Developer’s internal rate of return (determined using the Financial Model Formulas), including the effects on the Base Case Financial Model Update (or, if there has been no Base Case Financial Model Update, on the Base Case Financial Model) and on the assumptions and data therein; and
3.2.2.7 Such other information and data as TxDOT may reasonably
3.2.3 Developer’s application shall be deemed granted without conditions unless within 120 days after receipt of a completed application TxDOT advises Developer that it has granted Developer’s application with conditions or denied Developer’s application. TxDOT may deny an application or impose conditions to granting an application in its sole discretion, including conditioning approval on new or an adjustment of compensation for TxDOT under this Agreement. TxDOT’s decision shall not be subject to dispute resolution. If Xxxxxxxxx finds TxDOT’s conditions to the grant of an application to be unacceptable, Developer may withdraw the application and continue with the then-existing User Classifications. If Developer resubmits an application after rejection or imposition of conditions, the above procedures shall apply to the resubmitted application.
3.2.4 If Developer’s application is deemed granted without conditions or is granted subject to conditions acceptable to Developer, then:
3.2.4.1 Developer may implement such change in User Classification on the effective date set forth in the application, subject to such conditions, if any, imposed by TxDOT, and subject to first giving notice to the public of the change, addition or deletion in the same manner as provided in Sections D.2.a and D.2.b of Exhibit 4; and
3.2.4.2 The Parties shall promptly amend (a) Exhibit 4 to incorporate the change, addition or deletion and (b) this Agreement as necessary, in accordance with the accepted conditions.
Appears in 1 contract
Samples: Facility Agreement
Changes in User Classifications. 3.2.1 Developer has irrevocably selected a User Classification system as set forth in Exhibit 4. Developer may not change from the system selected, and may not change, add to or delete any of the User Classifications within the selected system as set forth in Exhibit 4, without TxDOT’s express prior written consent pursuant to this Section 3.2.
3.2.2 If Developer desires to change from the system selected, or change, add to or delete any of the User Classifications within the selected system, Developer shall apply to TxDOT for permission to implement such change, addition or deletion at least 210 days prior to the proposed effective date of such change. Such application shall set forth:
3.2.2.1 Each proposed change, addition or deletion;
3.2.2.2 The date each change, addition or deletion shall become effective;
3.2.2.3 The length of time each change, addition or deletion shall be in effect;in
3.2.2.4 The reason Developer requests each change, addition or deletion;
3.2.2.5 The effect each change, addition or deletion is likely to have upon Users and traffic patterns;upon
3.2.2.6 A thorough report and analysis of the effect each change, addition or deletion is anticipated to have on Developer’s internal rate of return (determined using the Financial Model Formulas), including the effects on the Base Case Financial Model Update (or, if there has been no Update, on the Base Case Financial Model) and on the assumptions and data therein; and
3.2.2.7 Such other information and data as TxDOT may reasonably
3.2.3 Developer’s application shall be deemed granted without conditions unless within 120 days after receipt of a completed application TxDOT advises Developer that it has granted Developer’s application with conditions or denied Developer’s application. TxDOT may deny an application or impose conditions to granting an application in its sole discretion, including conditioning approval on new or an adjustment of compensation for TxDOT under this Agreement. TxDOT’s decision shall not be subject to dispute resolution. If Xxxxxxxxx Developer finds TxDOT’s conditions to the grant of an application to be unacceptable, Developer may withdraw the application and continue with the then-existing User Classifications. If Developer resubmits an application after rejection or imposition of conditions, the above procedures shall apply to the resubmitted application.
3.2.4 If Developer’s application is deemed granted without conditions or is granted subject to conditions acceptable to Developer, then:
3.2.4.1 Developer may implement such change in User Classification on the effective date set forth in the application, subject to such conditions, if any, imposed by TxDOT, and subject to first giving notice to the public of the change, addition or deletion in the same manner as provided in Sections D.2.a and D.2.b of Exhibit 4; and
3.2.4.2 The Parties shall promptly amend (a) Exhibit 4 to incorporate the change, addition or deletion and (b) this Agreement as necessary, in accordance with the accepted conditions.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Changes in User Classifications. 3.2.1 Developer has irrevocably selected a User Classification system as set forth in Exhibit 4. Developer may not change from the system selected, and may not change, add to or delete any of the User Classifications within the selected system as set forth in Exhibit 4, without TxDOT’s express prior written consent pursuant to this Section 3.2.
3.2.2 If Developer desires to change from the system selected, or change, add to or delete any of the User Classifications within the selected system, Developer shall apply to TxDOT for permission to implement such change, addition or deletion at least 210 days prior to the proposed effective date of such change. Such application shall set forth:
3.2.2.1 Each proposed change, addition or deletion;
3.2.2.2 The date each change, addition or deletion shall become effective;
3.2.2.3 The length of time each change, addition or deletion shall be in effect;in
3.2.2.4 The reason Developer requests each change, addition or deletion;
3.2.2.5 The effect each change, addition or deletion is likely to have upon Users and traffic patterns;upon
3.2.2.6 A thorough report and analysis of the effect each change, addition or deletion is anticipated to have on Developer’s internal rate of return (determined using the Financial Model Formulas), including the effects on the Base Case Financial Model Update (or, if there has been no Update, on the Base Case Financial Model) and on the assumptions and data therein; and
3.2.2.7 Such other information and data as TxDOT may reasonably
3.2.3 Developer’s application shall be deemed granted without conditions unless within 120 days after receipt of a completed application TxDOT advises Developer that it has granted Developer’s application with conditions or denied Developer’s application. TxDOT may deny an application or impose conditions to granting an application in its sole discretion, including conditioning approval on new or an adjustment of compensation for TxDOT under this Agreement. TxDOT’s decision shall not be subject to dispute resolution. If Xxxxxxxxx finds TxDOT’s conditions to the grant of an application to be unacceptable, Developer may withdraw the application and continue with the then-existing User Classifications. If Developer resubmits an application after rejection or imposition of conditions, the above procedures shall apply to the resubmitted application.may
3.2.4 If Developer’s application is deemed granted without conditions or is granted subject to conditions acceptable to Developer, then:
3.2.4.1 Developer may implement such change in User Classification on the effective date set forth in the application, subject to such conditions, if any, imposed by TxDOT, and subject to first giving notice to the public of the change, addition or deletion in the same manner as provided in Sections D.2.a and D.2.b of Exhibit 4; and
3.2.4.2 The Parties shall promptly amend (a) Exhibit 4 to incorporate the change, addition or deletion and (b) this Agreement as necessary, in accordance with the accepted conditions.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Changes in User Classifications. 3.2.1 Developer has irrevocably selected a User Classification system as set forth in Exhibit 4. Developer may not change from the system selected, and may not change, add to or delete any of the User Classifications within the selected system as set forth in Exhibit 4, without TxDOT’s express prior written consent pursuant to this Section 3.2.
3.2.2 If Developer desires to change from the system selected, or change, add to or delete any of the User Classifications within the selected system, Developer shall apply to TxDOT for permission to implement such change, addition or deletion at least 210 days prior to the proposed effective date of such change. Such application shall set forth:
3.2.2.1 Each proposed change, addition or deletion;
3.2.2.2 The date each change, addition or deletion shall become effective;
3.2.2.3 The length of time each change, addition or deletion shall be in effect;
3.2.2.4 The reason Developer requests each change, addition or deletion;
3.2.2.5 The effect each change, addition or deletion is likely to have upon Users and traffic patterns;
3.2.2.6 A thorough report and analysis of the effect each change, addition or deletion is anticipated to have on Developer’s internal rate of return (determined using the Financial Model Formulas), including the effects on the Base Case Financial Model Update (or, if there has been no Update, on the Base Case Financial Model) and on the assumptions and data therein; and
3.2.2.7 Such other information and data as TxDOT may reasonably
3.2.3 Developer’s application shall be deemed granted without conditions unless within 120 days after receipt of a completed application TxDOT advises Developer that it has granted Developer’s application with conditions or denied Developer’s application. TxDOT may deny an application or impose conditions to granting an application in its sole discretion, including conditioning approval on new or an adjustment of compensation for TxDOT under this Agreement. TxDOT’s decision shall not be subject to dispute resolution. If Xxxxxxxxx finds TxDOT’s conditions to the grant of an application to be unacceptable, Developer may withdraw the application and continue with the then-existing User Classifications. If Developer resubmits an application after rejection or imposition of conditions, the above procedures shall apply to the resubmitted application.
3.2.4 If Developer’s application is deemed granted without conditions or is granted subject to conditions acceptable to Developer, then:
3.2.4.1 Developer may implement such change in User Classification on the effective date set forth in the application, subject to such conditions, if any, imposed by TxDOT, and subject to first giving notice to the public of the change, addition or deletion in the same manner as provided in Sections D.2.a and D.2.b of Exhibit 4; and
3.2.4.2 The Parties shall promptly amend (a) Exhibit 4 to incorporate the change, addition or deletion and (b) this Agreement as necessary, in accordance with the accepted conditions.resubmits
Appears in 1 contract
Samples: Comprehensive Development Agreement
Changes in User Classifications. 3.2.1 3.4.1 Developer has irrevocably selected a User Classification system as set forth in Exhibit 4. Developer may not change from the system selected, and may not change, add to or delete any of the User Classifications within the selected system as set forth in Exhibit 4, without TxDOT’s express prior written consent pursuant to this Section 3.23.4.
3.2.2 3.4.2 If Developer desires to change from the system selected, or change, add to or delete any of the User Classifications within the selected system, Developer shall apply to TxDOT for permission to implement such change, addition or deletion at least 210 days prior to the proposed effective date of such change. Such application shall set forth:
3.2.2.1 3.4.2.1 Each proposed change, addition or deletion;
3.2.2.2 3.4.2.2 The date each change, addition or deletion shall become effective;
3.2.2.3 3.4.2.3 The length of time each change, addition or deletion shall be in effect;
3.2.2.4 3.4.2.4 The reason Developer requests each change, addition or deletion;
3.2.2.5 3.4.2.5 The effect each change, addition or deletion is likely to have upon Users and traffic patterns;
3.2.2.6 3.4.2.6 [RESERVED]
3.4.2.7 A thorough report and analysis of the effect each change, addition or deletion is anticipated to have on Developer’s internal rate of return (determined using the Financial Model Formulas), including the effects on the Base Case Financial Model Update (or, if there has been no Update, on the Base Case Financial Model) and on the assumptions and data therein; and
3.2.2.7 3.4.2.8 Such other information and data as TxDOT may reasonablyreasonably request.
3.2.3 3.4.3 Developer’s application shall be deemed granted without conditions unless within 120 days after receipt of a completed application TxDOT advises Developer that it has granted Developer’s application with conditions or denied Developer’s application. TxDOT may deny an application or impose conditions to granting an application in its sole discretion, including conditioning approval on new or an adjustment of compensation for TxDOT under this Agreement. TxDOT’s decision shall not be subject to dispute resolution. If Xxxxxxxxx Developer finds TxDOT’s conditions to the grant of an application to be unacceptable, Developer may withdraw the application and continue with the then-existing User Classifications. If Developer resubmits an application after rejection or imposition of conditions, the above procedures shall apply to the resubmitted application.
3.2.4 3.4.4 If Developer’s application is deemed granted without conditions or is granted subject to conditions acceptable to Developer, then:
3.2.4.1 3.4.4.1 Developer may implement such change in User Classification on the later of (a) 120 days after TxDOT’s receipt of the completed application or (b) the proposed effective date set forth in the application, subject to such conditions, if any, imposed by TxDOT, and subject to first giving notice to the public of the change, addition or deletion in the same manner as provided in Sections D.2.a and D.2.b of Exhibit 4; and
3.2.4.2 3.4.4.2 The Parties shall promptly amend (a) Exhibit 4 to incorporate the change, addition or deletion and (b) this Agreement as necessary, necessary in accordance with the accepted conditions.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Changes in User Classifications. 3.2.1 Developer has irrevocably selected a User Classification system as set forth in Exhibit 4. Developer may not change from the system selected, and may not change, add to or delete any of the User Classifications within the selected system as set forth in Exhibit 4, without TxDOT’s express prior written consent pursuant to this Section 3.2.
3.2.2 If Developer desires to change from the system selected, or change, add to or delete any of the User Classifications within the selected system, Developer shall apply to TxDOT for permission to implement such change, addition or deletion at least 210 days prior to the proposed effective date of such change. Such application shall set forth:
3.2.2.1 Each proposed change, addition or deletion;
3.2.2.2 The date each change, addition or deletion shall become effective;
3.2.2.3 The length of time each change, addition or deletion shall be in effect;
3.2.2.4 The reason Developer requests each change, addition or deletion;
3.2.2.5 The effect each change, addition or deletion is likely to have upon Users and traffic patterns;
3.2.2.6 A thorough report and analysis of the effect each change, addition or deletion is anticipated to have on Developer’s internal rate of return (determined using the Financial Model Formulas), including the effects on the Base Case Financial Model Update (or, if there has been no Update, on the Base Case Financial Model) and on the assumptions and data therein; and
3.2.2.7 Such other information and data as TxDOT may reasonably
3.2.3 Developer’s application shall be deemed granted without conditions unless within 120 days after receipt of a completed application TxDOT advises Developer that it has granted Developer’s application with conditions or denied Developer’s application. TxDOT may deny an application or impose conditions to granting an application in its sole discretion, including conditioning approval on new or an adjustment of compensation for TxDOT under this Agreement. TxDOT’s decision shall not be subject to dispute resolution. If Xxxxxxxxx finds TxDOT’s conditions to the grant of an application to be unacceptable, Developer may withdraw the application and continue with the then-existing User Classifications. If Developer resubmits an application after rejection or imposition of conditions, the above procedures shall apply to the resubmitted application.may
3.2.4 If Developer’s application is deemed granted without conditions or is granted subject to conditions acceptable to Developer, then:
3.2.4.1 Developer may implement such change in User Classification on the effective date set forth in the application, subject to such conditions, if any, imposed by TxDOT, and subject to first giving notice to the public of the change, addition or deletion in the same manner as provided in Sections D.2.a and D.2.b of Exhibit 4; and
3.2.4.2 The Parties shall promptly amend (a) Exhibit 4 to incorporate the change, addition or deletion and (b) this Agreement as necessary, in accordance with the accepted conditions.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Changes in User Classifications. 3.2.1 3.4.1 Developer has irrevocably selected a User Classification system as set forth in Exhibit 4. Developer may not change from the system selected, and may not change, add to or delete any of the User Classifications within the selected system as set forth in Exhibit 4, without TxDOT’s express prior written consent pursuant to this Section 3.23.4.
3.2.2 3.4.2 If Developer desires to change from the system selected, or change, add to or delete any of the User Classifications within the selected system, Developer shall apply to TxDOT for permission to implement such change, addition or deletion at least 210 days prior to the proposed effective date of such change. Such application shall set forth:
3.2.2.1 3.4.2.1 Each proposed change, addition or deletion;
3.2.2.2 3.4.2.2 The date each change, addition or deletion shall become effective;
3.2.2.3 3.4.2.3 The length of time each change, addition or deletion shall be in effect;
3.2.2.4 3.4.2.4 The reason Developer requests each change, addition or deletion;
3.2.2.5 3.4.2.5 The effect each change, addition or deletion is likely to have upon Users and traffic patterns;
3.2.2.6 3.4.2.6 [RESERVED]
3.4.2.7 A thorough report and analysis of the effect each change, addition or deletion is anticipated to have on Developer’s internal rate of return (determined using the Financial Model Formulas), including the effects on the Base Case Financial Model Update (or, if there has been no Update, on the Base Case Financial Model) and on the assumptions and data therein; and
3.2.2.7 3.4.2.8 Such other information and data as TxDOT may reasonablyreasonably request.
3.2.3 3.4.3 Developer’s application shall be deemed granted without conditions unless within 120 days after receipt of a completed application TxDOT advises Developer that it has granted Developer’s application with conditions or denied Developer’s application. TxDOT may deny an application or impose conditions to granting an application in its sole discretion, including conditioning approval on new or an adjustment of compensation for TxDOT under this Agreement. TxDOT’s decision shall not be subject to dispute resolution. If Xxxxxxxxx finds TxDOT’s conditions to the grant of an application to be unacceptable, Developer may withdraw the application and continue with the then-existing User Classifications. If Developer resubmits an application after rejection or imposition of conditions, the above procedures shall apply to the resubmitted application.
3.2.4 3.4.4 If Developer’s application is deemed granted without conditions or is granted subject to conditions acceptable to Developer, then:
3.2.4.1 3.4.4.1 Developer may implement such change in User Classification on the effective date set forth in the application, subject to such conditions, if any, imposed by TxDOT, and subject to first giving notice to the public of the change, addition or deletion in the same manner as provided in Sections D.2.a and D.2.b of Exhibit 4; and
3.2.4.2 3.4.4.2 The Parties shall promptly amend (a) Exhibit 4 to incorporate the change, addition or deletion and (b) this Agreement as necessary, necessary in accordance with the accepted conditions.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Changes in User Classifications. 3.2.1 Developer has irrevocably selected a User Classification system as set forth in Exhibit 4. Developer may not change from the system selected, and may not change, add to or delete any of the User Classifications within the selected system as set forth in Exhibit 4, without TxDOT’s express prior written consent pursuant to this Section 3.2.
3.2.2 If Developer desires to change from the system selected, or change, add to or delete any of the User Classifications within the selected system, Developer shall apply to TxDOT for permission to implement such change, addition or deletion at least 210 days prior to the proposed effective date of such change. Such application shall set forth:
3.2.2.1 Each proposed change, addition or deletion;
3.2.2.2 The date each change, addition or deletion shall become effective;
3.2.2.3 The length of time each change, addition or deletion shall be in effect;
3.2.2.4 The reason Developer requests each change, addition or deletion;
3.2.2.5 The effect each change, addition or deletion is likely to have upon Users and traffic patterns;
3.2.2.6 A thorough report and analysis of the effect each change, addition or deletion is anticipated to have on Developer’s internal rate of return (determined using the Financial Model Formulas), including the effects on the Base Case Financial Model Update (or, if there has been no Update, on the Base Case Financial Model) and on the assumptions and data therein; and
3.2.2.7 Such other information and data as TxDOT may reasonably
3.2.3 Developer’s application shall be deemed granted without conditions unless within 120 days after receipt of a completed application TxDOT advises Developer that it has granted Developer’s application with conditions or denied Developer’s application. TxDOT may deny an application or impose conditions to granting an application in its sole discretion, including conditioning approval on new or an adjustment of compensation for TxDOT under this Agreement. TxDOT’s decision shall not be subject to dispute resolution. If Xxxxxxxxx finds TxDOT’s conditions to the grant of an application to be unacceptable, Developer may withdraw the application and continue with the then-existing User Classifications. If Developer resubmits an application after rejection or imposition of conditions, the above procedures shall apply to the resubmitted application.resubmits
3.2.4 If Developer’s application is deemed granted without conditions or is granted subject to conditions acceptable to Developer, then:
3.2.4.1 Developer may implement such change in User Classification on the effective date set forth in the application, subject to such conditions, if any, imposed by TxDOT, and subject to first giving notice to the public of the change, addition or deletion in the same manner as provided in Sections D.2.a and D.2.b of Exhibit 4; and
3.2.4.2 The Parties shall promptly amend (a) Exhibit 4 to incorporate the change, addition or deletion and (b) this Agreement as necessary, in accordance with the accepted conditions.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Changes in User Classifications. 3.2.1 Developer has irrevocably selected a User Classification system as set forth in Exhibit 4. Developer may not change from the system selected, and may not change, add to or delete any of the User Classifications within the selected system as set forth in Exhibit 4, without TxDOT’s express prior written consent pursuant to this Section 3.2.
3.2.2 If Developer desires to change from the system selected, or change, add to or delete any of the User Classifications within the selected system, Developer shall apply to TxDOT for permission to implement such change, addition or deletion at least 210 days prior to the proposed effective date of such change. Such application shall set forth:
3.2.2.1 Each proposed change, addition or deletion;
3.2.2.2 The date each change, addition or deletion shall become effective;
3.2.2.3 The length of time each change, addition or deletion shall be in effect;
3.2.2.4 The reason Developer requests each change, addition or deletion;
3.2.2.5 The effect each change, addition or deletion is likely to have upon Users and traffic patterns;
3.2.2.6 A thorough report and analysis of the effect each change, addition or deletion is anticipated to have on Developer’s internal rate of return (determined using the Financial Model Formulas), including the effects on the Base Case Financial Model Update (or, if there has been no Update, on the Base Case Financial Model) and on the assumptions and data therein; and
3.2.2.7 Such other information and data as TxDOT may reasonablyreasonably request.
3.2.3 Developer’s application shall be deemed granted without conditions unless within 120 days after receipt of a completed application TxDOT advises Developer that it has granted Developer’s application with conditions or denied Developer’s application. TxDOT may deny an application or impose conditions to granting an application in its sole discretion, including conditioning approval on new or an adjustment of compensation for TxDOT under this Agreement. TxDOT’s decision shall not be subject to dispute resolution. If Xxxxxxxxx finds TxDOT’s conditions to the grant of an application to be unacceptable, Developer may withdraw the application and continue with the then-existing User Classifications. If Developer resubmits an application after rejection or imposition of conditions, the above procedures shall apply to the resubmitted application.
3.2.4 If Developer’s application is deemed granted without conditions or is granted subject to conditions acceptable to Developer, then:
3.2.4.1 Developer may implement such change in User Classification on the effective date set forth in the application, subject to such conditions, if any, imposed by TxDOT, and subject to first giving notice to the public of the change, addition or deletion in the same manner as provided in Sections D.2.a and D.2.b of Exhibit 4; and
3.2.4.2 The Parties shall promptly amend (a) Exhibit 4 to incorporate the change, addition or deletion and (b) this Agreement as necessary, in accordance with the accepted conditions.the
Appears in 1 contract
Samples: Comprehensive Development Agreement
Changes in User Classifications. 3.2.1 Developer has irrevocably selected a User Classification system as set forth in Exhibit 4. Developer may not change from the system selected, and may not change, add to or delete any of the User Classifications within the selected system as set forth in Exhibit 4, without TxDOT’s express prior written consent pursuant to this Section 3.2.
3.2.2 If Developer desires to change from the system selected, or change, add to or delete any of the User Classifications within the selected system, Developer shall apply to TxDOT for permission to implement such change, addition or deletion at least 210 days prior to the proposed effective date of such change. Such application shall set forth:
3.2.2.1 Each proposed change, addition or deletion;
3.2.2.2 The date each change, addition or deletion shall become effective;
3.2.2.3 The length of time each change, addition or deletion shall be in effect;
3.2.2.4 The reason Developer requests each change, addition or deletion;
3.2.2.5 The effect each change, addition or deletion is likely to have upon Users and traffic patterns;
3.2.2.6 A thorough report and analysis of the effect each change, addition or deletion is anticipated to have on Developer’s internal rate of return (determined using the Financial Model Formulas), including the effects on the Base Case Financial Model Update (or, if there has been no Update, on the Base Case Financial Model) and on the assumptions and data therein; and
3.2.2.7 Such other information and data as TxDOT may reasonably
3.2.3 Developer’s application shall be deemed granted without conditions unless within 120 days after receipt of a completed application TxDOT advises Developer that it has granted Developer’s application with conditions or denied Developer’s application. TxDOT may deny an application or impose conditions to granting an application in its sole discretion, including conditioning approval on new or an adjustment of compensation for TxDOT under this Agreement. TxDOT’s decision shall not be subject to dispute resolution. If Xxxxxxxxx finds TxDOT’s conditions to the grant of an application to be unacceptable, Developer may withdraw the application and continue with the then-existing User Classifications. If Developer resubmits an application after rejection or imposition of conditions, the above procedures shall apply to the resubmitted application.
3.2.4 If Developer’s application is deemed granted without conditions or is granted subject to conditions acceptable to Developer, then:
3.2.4.1 Developer may implement such change in User Classification on the effective date set forth in the application, subject to such conditions, if any, imposed by TxDOT, and subject to first giving notice to the public of the change, addition or deletion in the same manner as provided in Sections D.2.a and D.2.b of Exhibit 4; and
3.2.4.2 The Parties shall promptly amend (a) Exhibit 4 to incorporate the change, addition or deletion and (b) this Agreement as necessary, in accordance with the accepted conditions.
Appears in 1 contract
Samples: Comprehensive Development Agreement
