Failure to Meet OSPS. (a) At any time after the sixth full month following the Service Commencement Date, the Developer will notify the Department if the Developer’s scheduled monthly report identifies an instance of the Project’s failure to meet the OSPS (as provided in the Technical Requirements). The notice will describe such failure in reasonable detail. The Department will notify the Developer within 30 Days of its receipt of the Developer’s report whether or not it requires an OSPS Improvement Plan (the “OSPS Improvement Plan”). In the event the failure to meet the OSPS is solely and directly attributable to the Department’s failure to meet its obligations in Section 9.02(b), the Developer will not be required to submit an OSPS Improvement Plan. (b) Upon a notification from the Department pursuant to Section 5.07(a) that the Project requires an OSPS Improvement Plan, the Developer (at its sole cost and expense) will prepare and submit the OSPS Improvement Plan to the Department for its approval. The OSPS Improvement Plan will not be required to propose a general strategy to improve overall OSPS compliance, but will be required to propose a strategy to address the specific reasons which the Developer reasonably believes caused such failure as described in the Developer’s report. The OSPS Improvement Plan will be delivered to the Department within 30 Days of the Department’s notice (or longer if mutually agreed to by the parties) and will cover the matters set forth in Section 5.07(a). The Department will review the OSPS Improvement Plan in accordance with the provisions of Section 10.05. The Developer will diligently implement the elements of the approved OSPS Improvement Plan that are within the control of the Developer promptly following the Department’s approval thereof and within the schedule set forth in such OSPS Improvement Plan. (c) Each OSPS Improvement Plan will be in writing and will set forth a schedule and describe specific actions the Developer and the Department, as applicable, will undertake to improve its OSPS compliance with respect to the failure described in the Developer’s scheduled report. At any time after initial implementation of an OSPS Improvement Plan, or upon a material revision of the OSPS during such time, either party may request a revision of such OSPS Improvement Plan by giving at least 30 Days written notice to the other party, whereupon both parties will review the existing OSPS Improvement Plan and agree in writing to any revisions required to such OSPS Improvement Plan. (d) The initial OSPS requirements, as may be modified by an OSPS Improvement Plan pursuant to Section 5.07(a), will apply for a ten year period from the Service Commencement Date. Prior to the tenth anniversary of the Service Commencement Date, the Developer and the Department will review the OSPS requirements then in effect to determine the future need for OSPS or an alternative form of performance monitoring. The Developer agrees the Department will have the right to implement a form of OSPS for subsequent periods of time as the Department may determine in its discretion throughout the Term. Any such OSPS requirements for each period of time will not: (i) apply for a period longer than ten years; (ii) be lower than established by 23 U.S.C. §166; (iii) on the basis of the Developer’s updated traffic modeling and other available traffic data, result in a known failure to meet the OSPS requirements.
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Failure to Meet OSPS.
(a) At any time after the sixth full month following the Service Commencement Date, the Developer will notify the Department if the Developer’s scheduled monthly report identifies an instance of the Project’s failure to meet the OSPS (as provided in the Technical Requirements). The notice will describe such failure in reasonable detail. The Department will notify the Developer within 30 Days of its receipt of the Developer’s report whether or not it requires an OSPS Improvement Plan (the “OSPS Improvement Plan”). In the event the failure to meet the OSPS is solely and directly attributable to the Department’s failure to meet its obligations in Section 9.02(b), the Developer will not be required to submit an OSPS Improvement Plan.
(b) Upon a notification from the Department pursuant to Section 5.07(a) that the Project requires an OSPS Improvement Plan, the Developer (at its sole cost and expense) will prepare and submit the OSPS Improvement Plan to the Department for its approval. The OSPS Improvement Plan will not be required to propose a general strategy to improve overall OSPS compliance, but will be required to propose a strategy to address the specific reasons which the Developer reasonably believes caused such failure as described in the Developer’s report. The OSPS Improvement Plan will be delivered to the Department within 30 Days of the Department’s notice (or longer if mutually agreed to by the parties) and will cover the matters set forth in Section 5.07(a). The Department will review the OSPS Improvement Plan in accordance with the provisions of Section 10.05. The Developer will diligently implement the elements of the approved OSPS Improvement Plan that are within the control of the Developer promptly following the Department’s approval thereof and within the schedule set forth in such OSPS Improvement Plan.
(c) Each OSPS Improvement Plan will be in writing and will set forth a schedule and describe specific actions the Developer and the Department, as applicable, will undertake to improve its OSPS compliance with respect to the failure described in the Developer’s scheduled report. At any time after initial implementation of an OSPS Improvement Plan, or upon a material revision of the OSPS during such time, either party may request a revision of such OSPS Improvement Plan by giving at least 30 Days written notice to the other party, whereupon both parties will review the existing OSPS Improvement Plan and agree in writing to any revisions required to such OSPS Improvement Plan.
(d) The initial OSPS requirements, as may be modified by an OSPS Improvement Plan pursuant to Section 5.07(a), will apply for a ten year period from the Service Commencement Date. Prior to the tenth anniversary of the Service Commencement Date, the Developer and the Department will review the OSPS requirements then in effect to determine the future need for OSPS or an alternative form of performance monitoring. The Developer agrees the Department will have the right to implement a form of OSPS for subsequent periods of time as the Department may determine in its discretion throughout the Term. Any such OSPS requirements for each period of time will not:
(i) apply for a period longer than ten years;
(ii) be lower than established by 23 U.S.C. §166;
(iii) on the basis of the Developer’s updated traffic modeling and other available traffic data, result in a known failure to meet the OSPS requirements.
Appears in 1 contract
Samples: Comprehensive Agreement
Failure to Meet OSPS.
(a) At any time after the sixth second full month following the applicable Service Commencement Date, the Developer Concessionaire will notify the Department if the DeveloperConcessionaire’s scheduled monthly report identifies an instance of the Project’s failure to meet the OSPS (as provided in the Technical Requirements). The notice will describe such failure in reasonable detail. The Department will notify the Developer Concessionaire within 30 Days of its receipt of the DeveloperConcessionaire’s report whether or not it requires an OSPS Improvement Plan (the “OSPS Improvement Plan”). In the event the failure to meet the OSPS is solely and directly attributable to the Department’s failure to meet its obligations in Section 9.02(b), the Developer will not be required to submit an OSPS Improvement Plan..
(b) Upon a receiving notification from the Department pursuant to Section 5.07(a5.08(a) that the Project requires an OSPS Improvement Plan, the Developer Concessionaire (at its sole cost and expense) will prepare and submit the OSPS Improvement Plan to the Department for its approval. The OSPS Improvement Plan will not be required to propose a general strategy to improve overall OSPS compliance, but will be required to propose a strategy to address the specific reasons which the Developer Concessionaire reasonably believes caused such failure as described in the DeveloperConcessionaire’s report. The OSPS Improvement Plan will be delivered to the Department within 30 Days of the Department’s notice (or longer if mutually agreed to by the parties) and will cover the matters set forth in Section 5.07(a5.08(a). The Department will review the OSPS Improvement Plan in accordance with the provisions of Section 10.05. The Developer Concessionaire will diligently implement the elements of the approved OSPS Improvement Plan that are within the control of the Developer Concessionaire promptly following the Department’s approval thereof and within the schedule set forth in such OSPS Improvement Plan.
(c) Each OSPS Improvement Plan will be in writing and will set forth a schedule and describe specific actions the Developer Concessionaire and the Department, as applicable, will undertake to improve its the Concessionaire’s OSPS compliance with respect to the failure described in the DeveloperConcessionaire’s scheduled report. At any time after initial implementation of an OSPS Improvement Plan, or upon a material revision of the OSPS during such time, either party may request a revision of such OSPS Improvement Plan by giving at least 30 Days written notice to the other party, whereupon both parties will review the existing OSPS Improvement Plan and agree in writing to any revisions required to such OSPS Improvement Plan.
(d) The initial current OSPS requirements, as may be modified by an OSPS Improvement Plan pursuant to Section 5.07(a), requirements will apply for a ten (10) year period from the Initial Service Commencement Date. Prior to the tenth anniversary of the Initial Service Commencement Date, the Developer Concessionaire and the Department will review the current OSPS, as the OSPS requirements then may be modified in effect the most recent OSPS Improvement Plan, to determine the future need for OSPS or an alternative form of performance monitoring. The Developer Concessionaire agrees that the Department will have has the right to implement a form of OSPS for subsequent ten-year periods of time as the Department may determine in its discretion throughout the TermTerm of this Agreement. Any The Department agrees that such subsequent OSPS requirements for each period of time will notrequirements:
(i) apply for a period longer will not be higher than ten years55 mph;
(ii) will not be lower than established by the FHWA / 23 U.S.C. §166;166 requirements; and
(iii) will not, on the basis of the DeveloperConcessionaire’s updated traffic modeling and other available traffic data, result in a known failure to meet the OSPS requirements.
Appears in 1 contract
Samples: Comprehensive Agreement
Failure to Meet OSPS.
(a) At any time after the sixth full month following the Service Commencement Date, the Developer will notify the Department if the Developer’s scheduled monthly report identifies an instance of the Project’s failure to meet the OSPS (as provided in the Technical Requirements). The notice will describe such failure in reasonable detail. The Department will notify the Developer within 30 Days of its receipt of the Developer’s report whether or not it requires an OSPS Improvement Plan (the “OSPS Improvement Plan”). In the event the failure to meet the OSPS is solely and directly attributable to the Department’s failure to meet its obligations in Section 9.02(b), the Developer will not be required to submit an OSPS Improvement Plan..
(b) Upon a notification from the Department pursuant to Section 5.07(a) that the Project requires an OSPS Improvement Plan, the Developer (at its sole cost and expense) will prepare and submit the OSPS Improvement Plan to the Department for its approval. The OSPS Improvement Plan will not be required to propose a general strategy to improve overall OSPS compliance, but will be required to propose a strategy to address the specific reasons which the Developer reasonably believes caused such failure as described in the Developer’s report. The OSPS Improvement Plan will be delivered to the Department within 30 Days of the Department’s notice (or longer if mutually agreed to by the parties) and will cover the matters set forth in Section 5.07(a). The Department will review the OSPS Improvement Plan in accordance with the provisions of Section 10.05. The Developer will diligently implement the elements of the approved OSPS Improvement Plan that are within the control of the Developer promptly following the Department’s approval thereof and within the schedule set forth in such OSPS Improvement Plan.
(c) Each OSPS Improvement Plan will be in writing and will set forth a schedule and describe specific actions the Developer and the Department, as applicable, will undertake to improve its OSPS compliance with respect to the failure described in the Developer’s scheduled report. At any time after initial implementation of an OSPS Improvement Plan, or upon a material revision of the OSPS during such time, either party may request a revision of such OSPS Improvement Plan by giving at least 30 Days written notice to the other party, whereupon both parties will review the existing OSPS Improvement Plan and agree in writing to any revisions required to such OSPS Improvement Plan.
(d) The initial OSPS requirements, as may be modified by an OSPS Improvement Plan pursuant to Section 5.07(a), will apply for a ten year period from the Service Commencement Date. Prior to the tenth anniversary of the Service Commencement Date, the Developer and the Department will review the OSPS requirements then in effect to determine the future need for OSPS or an alternative form of performance monitoring. The Developer agrees the Department will have the right to implement a form of OSPS for subsequent periods of time as the Department may determine in its discretion throughout the Term. Any such OSPS requirements for each period of time will not:
(i) apply for a period longer than ten years;
(ii) be lower than established by 23 U.S.C. §166;
(iii) on the basis of the Developer’s updated traffic modeling and other available traffic data, result in a known failure to meet the OSPS requirements.
Appears in 1 contract
Samples: Comprehensive Agreement
Failure to Meet OSPS.
(a) At any time after the sixth full month following the Service Commencement Date, the Developer will notify the Department if the Developer’s scheduled monthly report identifies an instance of the Project’s failure to meet the OSPS (as provided in the Technical Requirements). The notice will describe such failure in reasonable detail. The Department will notify the Developer within 30 Days of its receipt of the Developer’s report whether or not it requires an OSPS Improvement Plan (the “OSPS Improvement Plan”). In the event the failure to to meet the OSPS is solely and directly attributable to the Department’s failure to meet its obligations in Section 9.02(b), the Developer will not be required to submit an OSPS Improvement Plan.Plan.
(b) Upon a notification from the Department pursuant to Section 5.07(a) that the Project requires an OSPS Improvement Plan, the Developer (at its sole cost and expense) will prepare and submit the OSPS Improvement Plan to the Department for its approval. The OSPS Improvement Plan will not be required to propose a general strategy to improve overall OSPS compliance, but will be required to propose a strategy to address the specific reasons which the Developer reasonably believes caused such failure as described in the Developer’s report. The OSPS Improvement Plan will be delivered to the Department within 30 Days of the Department’s notice (or longer if mutually agreed to by the parties) and will cover the matters set forth in Section 5.07(a). The Department will review the OSPS Improvement Plan in accordance with the provisions of Section 10.05. The Developer will diligently implement the elements of the approved OSPS Improvement Plan that are within the control of the Developer promptly following the Department’s approval thereof and within the schedule set forth in such OSPS Improvement Plan.
(c) Each OSPS Improvement Plan will be in writing and will set forth a schedule and describe specific actions the Developer and the Department, as applicable, will undertake to improve its OSPS compliance with respect to the failure described in the Developer’s scheduled report. At any time after initial implementation of an OSPS Improvement Plan, or upon a material revision of the OSPS during such time, either party may request a revision of such OSPS Improvement Plan by giving at least 30 Days written notice to the other party, whereupon both parties will review the existing OSPS Improvement Plan and agree in writing to any revisions required to such OSPS Improvement Plan.
(d) The initial OSPS requirements, as may be modified by an OSPS Improvement Plan pursuant to Section 5.07(a), will apply for a ten year period from the Service Commencement Date. Prior to the tenth anniversary of the Service Commencement Date, the Developer and the Department will review the OSPS requirements then in effect to determine the future need for OSPS or an alternative form of performance monitoring. The Developer agrees the Department will have the right to implement a form of OSPS for subsequent periods of time as the Department may determine in its discretion throughout the Term. Any such OSPS requirements for each period of time will not:
(i) apply for a period longer than ten years;
(ii) be lower than established by 23 U.S.C. §166;
(iii) on the basis of the Developer’s updated traffic modeling and other available traffic data, result in a known failure to meet the OSPS requirements.
Appears in 1 contract
Samples: Comprehensive Agreement
