Common use of Concerning Tolls Clause in Contracts

Concerning Tolls. The Developer’s rights under Section 5.01(a) are subject to all other provisions in this Agreement, including without limitation the following provisions: (i) All tolling on the Express Lanes will be done by electronic means and there will be no toll booths. The Developer will not (A) accept cash tolls on the Express Lanes or (B) impose or collect any fee, charge or other amount for the use of the Express Lanes other than as authorized by this Article 5. (ii) The Developer may charge, debit and collect tolls that comply with Section 5.02 through Open Road Tolling facilities, and use remote sensing or other technologies (including global positioning system technology) approved for revenue operations by the E-ZPass Interagency Group (or any successor network thereof) or other interoperable tolling program supported by the Department to charge, debit and collect tolls for actual vehicular use of the Express Lanes. The initial installation shall include the latest and most capable approved transponder reader technology available at the time of system development. (iii) Notwithstanding anything to the contrary in this Agreement or Law regarding the right of the Developer to be awarded civil fines from unauthorized users of the Express Lanes, the Developer will not seek and will not accept civil fines under Section 33.2-503 of the Code of Virginia in excess of the maximum amount allowed by statute from any person who has not previously been found by a court of competent jurisdiction, on the basis of a prior offence (offences to be consolidated), to have violated Section 33.2-503 of the Code of Virginia.‌

Concerning Tolls. The Developer’s rights under Section 5.01(a) are subject to limited by, and conditioned on, compliance with Law and all other provisions in this Agreement, including without limitation the following provisions:. (i) All tolling on the Express Lanes will be done by electronic means and there will be no toll booths. The Developer will not (A) accept cash tolls on the Express Lanes or (B) impose or collect any fee, charge or other amount for the use of the Express Lanes other than as authorized by this Article 5. (ii) The Developer may charge, debit and collect tolls that comply with Section 5.02 through Open Road Tolling facilities, and use remote sensing or other technologies (including global positioning system technology) approved for revenue operations by the E-ZPass Interagency Group (or any successor network thereof) or other interoperable tolling program supported by the Department to charge, debit and collect tolls for actual vehicular use of the Express Lanes. The initial installation shall include the latest and most capable approved transponder reader technology available at the time of system developmenttechnology. (iii) Notwithstanding anything to the contrary in this Agreement or Law regarding the right of the Developer to be awarded civil fines from unauthorized users of the Express Lanes, the Developer will not seek and will not accept civil fines under Section 33.2-503 of the Code of Virginia in excess of the maximum amount allowed by statute [•] from any person who has not previously been found by a court of competent jurisdiction, on the basis of a prior offence (offences to be consolidated), to have violated Section 33.2-503 of the Code of Virginia.‌Virginia.