Emergency Suspension of Tolls. 3.6.1 In the event TxDOT designates the Project or a portion of the Project (a) for immediate use as an emergency evacuation route or (b) as a route to respond to a disaster proclaimed by the Governor of Texas or its designee, TxDOT shall have the right to order immediate suspension of tolling of the Managed Lanes or any portion of the Managed Lanes. Notwithstanding any other provision of this Agreement to the contrary, TxDOT shall have no liability to Developer for the loss of Toll Revenues or the increase in costs and expenses attributable to such order, except that if any one or more of Sections 3.6.1.1, 3.6.1.2 and 3.6.1.3 does not apply, TxDOT shall compensate Developer for the impact on Toll Revenues for the period that such order is in effect based on the daily average net Toll Revenues received during the comparable days and times over the shorter of (i) the six months immediately preceding the suspension or (ii) the period commencing on the applicable Service Commencement Date. Such compensation shall exclude Video Transaction Toll Premiums and shall be reduced by all avoided processing and collection fees, charges and costs, including Transaction fees and charges:
Appears in 6 contracts
Samples: Development Agreement, Comprehensive Development Agreement, Development Agreement
