Common use of Emergency Suspension of Tolls Clause in Contracts

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: 3.6.1.1 TxDOT concurrently suspends tolling on all other TxDOT-operated tolled facilities that are situated to directly facilitate travel from the area designated for evacuation or from the proclaimed disaster area; 3.6.1.2 TxDOT concurrently orders suspension of tolling on all other tolled facilities operated by others that are situated to directly facilitate travel from the area designated for evacuation or from the proclaimed disaster area and over which TxDOT has the authority to order such suspension; and 3.6.1.3 TxDOT lifts such order as soon as the need to use the Project for emergency evacuation or disaster response ceases. 3.6.2 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 any order to suspend tolling by any federal or State agency or instrumentality other than TxDOT to facilitate emergency evacuation issued pursuant to applicable Law or to respond to a disaster proclaimed by the Governor of Texas or its designee. 3.6.3 In any time of a declared emergency or natural disaster, as determined by the Executive Director, TxDOT shall have the right to order immediate suspension of tolling of the Managed Lanes or any portion of the Managed Lanes, as TxDOT deems appropriate. TxDOT shall have no liability to Developer for the loss of Toll Revenues or the increase in costs and expenses attributable to the hours that such order is in effect, except that 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 (a) the six months immediately preceding the suspension or (b) 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. In the event TxDOT has the right to suspend tolling under Sections 3.6.1 and 3.6.3, TxDOT may elect to suspend tolling under either Section 3.6.1 or 3.6.3.

Emergency Suspension of Tolls. 3.6.1 In the event TxDOT designates the Project or a portion of the Project (a) In addition to its rights granted pursuant to applicable Law, and the provisions of Section 12.02, the Department shall have the right, in its sole discretion, to order immediate suspension of tolling in the event the HOT Lanes are designated for immediate use as an emergency mass 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 Lanesroute. Notwithstanding any other provision of this Agreement to the contrary, TxDOT The Department shall have no liability to Developer the Concessionaire for the loss of Toll Revenues or the increase in costs and expenses attributable to such orderan order issued pursuant to applicable Law by the Department or any other Governmental Authority; provided, 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 Department: (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: 3.6.1.1 TxDOT concurrently suspends tolling on all other TxDOT-Department- operated tolled facilities that are situated to directly facilitate travel from located within the area designated for evacuation or from the proclaimed disaster area; 3.6.1.2 TxDOT facilitation of evacuation; (ii) concurrently orders suspension of tolling on all other tolled facilities operated by others that are situated to directly facilitate travel from the area designated for evacuation or from the proclaimed disaster within such area and over which TxDOT the Department has the authority to order such suspension; and 3.6.1.3 TxDOT and (iii) lifts such order as soon over the Hot Lanes concurrently with the lifting of such order for all other designated tolled facilities. The Department will assist the Concessionaire in seeking any available reimbursement from the federal government for any lost Toll Revenues and expenses incurred during the emergency and for pursuing any applicable insurance coverage related thereto. (b) In the event the HOT Lanes are designated for immediate use as the need to use the Project for emergency evacuation or disaster response ceases. 3.6.2 Notwithstanding any other provision of this Agreement to the contrary, TxDOT shall have no liability to Developer alternate route for the loss diversion of Toll Revenues traffic from another State Highway, or from the increase GP Lanes, temporarily closed to all lanes in costs and expenses attributable one or both directions due to any order to suspend tolling by any federal or State agency or instrumentality other than TxDOT to facilitate a declared emergency evacuation issued pursuant to applicable Law or to respond to a disaster proclaimed by the Governor of Texas Department or its designee. 3.6.3 In any time of other Governmental Authority or a declared emergency significant incident involving one or natural disastermore casualties requiring hospitalization or treatment by a medical professional or one or more fatalities on the affected State Highway or GP Lanes from which such traffic is diverted, as determined by the Executive Director, TxDOT Department shall have the right to divert such traffic onto the HOT Lanes and to order immediate suspension of tolling on the HOT Lanes in the direction(s) of diversion. The Department and the Managed Lanes or Concessionaire shall consult with each other on such diversion of traffic and any portion suspension of the Managed Lanes, as TxDOT deems appropriatetolling. TxDOT The Department shall have no liability to Developer the Concessionaire for the loss of Toll Revenues or the increase in costs and expenses attributable to the hours period that such order is in effect, except that TxDOT . (c) The Department shall compensate Developer for the impact on Toll Revenues for the period that lift such order is given in effect based on the daily average net Toll Revenues received during the comparable days and times over the shorter of accordance with subsection (a) the six months immediately preceding the suspension or (b) above as soon as 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. In the event TxDOT has the right to suspend tolling under Sections 3.6.1 and 3.6.3, TxDOT may elect to suspend tolling under either Section 3.6.1 or 3.6.3need for such order ceases.

Emergency Suspension of Tolls. 3.6.1 In the event TxDOT designates the Project or a portion of the Project (a) In addition to its rights granted pursuant to applicable Law (but without limiting the Concessionaire’s rights in the event of the occurrence of a Delay Event or Compensation Event), and the provisions of Section 12.02, the Department shall have the right, in its sole discretion, to order immediate suspension of tolling in the event the HOT Lanes are designated for immediate use as an emergency mass 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 Lanesroute. Notwithstanding any other provision of this Agreement to the contrary, TxDOT The Department shall have no liability to Developer the Concessionaire for the loss of Toll Revenues or the increase in costs and expenses attributable to such orderan order issued pursuant to applicable Law by the Department or any other Governmental Authority; provided, 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 Department: (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: 3.6.1.1 TxDOT concurrently suspends tolling on all other TxDOTDepartment-operated tolled facilities that are situated to directly facilitate travel from located within the area designated for evacuation or from the proclaimed disaster area; 3.6.1.2 TxDOT facilitation of evacuation; (ii) concurrently orders suspension of tolling on all other tolled facilities operated by others that are situated to directly facilitate travel from the area designated for evacuation or from the proclaimed disaster within such area and over which TxDOT the Department has the authority to order such suspension; and 3.6.1.3 TxDOT and (iii) lifts such order as soon over the HOT Lanes concurrently with the lifting of such order for all other designated tolled facilities. The Department will assist the Concessionaire in seeking any available reimbursement from the federal government for any lost Toll Revenues and expenses incurred during the emergency and for pursuing any applicable insurance coverage related thereto. (b) In the event the HOT Lanes are designated for immediate use as the need to use the Project for emergency evacuation or disaster response ceases. 3.6.2 Notwithstanding any other provision of this Agreement to the contrary, TxDOT shall have no liability to Developer alternate route for the loss diversion of Toll Revenues traffic from another State Highway, or from the increase GP Lanes, temporarily closed to all lanes in costs and expenses attributable one or both directions due to any order to suspend tolling by any federal or State agency or instrumentality other than TxDOT to facilitate a declared emergency evacuation issued pursuant to applicable Law or to respond to a disaster proclaimed by the Governor of Texas Department or its designee. 3.6.3 In any time of other Governmental Authority or a declared emergency significant incident involving one or natural disastermore casualties requiring hospitalization or treatment by a medical professional or one or more fatalities on the affected State Highway or GP Lanes from which such traffic is diverted, as determined by the Executive Director, TxDOT Department shall have the right to divert such traffic onto the HOT Lanes and to order immediate suspension of tolling on the HOT Lanes in the direction(s) of diversion. The Department and the Managed Lanes or Concessionaire shall consult with each other on such diversion of traffic and any portion suspension of the Managed Lanes, as TxDOT deems appropriatetolling. TxDOT The Department shall have no liability to Developer the Concessionaire for the loss of Toll Revenues or the increase in costs and expenses attributable to the hours period that such order is in effect, except that TxDOT . (c) The Department shall compensate Developer for the impact on Toll Revenues for the period that lift such order is given in effect based on the daily average net Toll Revenues received during the comparable days and times over the shorter of accordance with subsection (a) the six months immediately preceding the suspension or (b) above as soon as 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. In the event TxDOT has the right to suspend tolling under Sections 3.6.1 and 3.6.3, TxDOT may elect to suspend tolling under either Section 3.6.1 or 3.6.3need for such order ceases.