Common use of Evacuation Route for Disaster Proclaimed by Governor Clause in Contracts

Evacuation Route for Disaster Proclaimed by Governor. TxDOT shall have the right to order immediate suspension of tolling of the Toll Lanes or any portion thereof if TxDOT designates the Project or a portion thereof for immediate use as an emergency evacuation route or as a route to respond to a disaster proclaimed by the Governor of Texas or his or her designee. 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 an order under this Section 14.3.1 so long as (a) 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, (b) TxDOT concurrently orders suspension of tolling on all other tolled facilities operated by other Persons that are situated to directly facilitate travel from such area and over which TxDOT has the authority to order such suspension and (c) TxDOT lifts such order as soon as the need to use the Project for emergency evacuation or disaster response ceases.