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Common use of FEES AND DEDUCTIONS Clause in Contracts

FEES AND DEDUCTIONS. (i) In consideration for TxDOT’s services hereunder, Developer shall pay TxDOT the following fees: (A) The Base Transaction Fee provided for in Section 6(b); plus (B) The Variable Transaction Fee provided for in Section 6(c). (ii) The Base Transaction Fee (as calculated pursuant to Section 6(b)) and the Variable Transaction Fee (as calculated pursuant to Section 6(c)) payable to TxDOT shall be subject to reduction (pursuant to Section 6(h)) by the following: (A) The Delinquent Payment Deduction, calculated in accordance with Section 6(d); and (B) The Non-Compliance Deduction, if any, calculated in accordance with Section 6(e). The amount payable to TxDOT pursuant to Section 6(a)(i), net of deductions provided for in this Section 6(a)(ii), is referred to in this Tolling Services Agreement as the “TxDOT Compensation.” (iii) The TxDOT Compensation is inclusive of all services required under this Tolling Services Agreement, other than those added by Change Order or Change Directive. Without limiting the foregoing, TxDOT expressly acknowledges that Developer shall have no obligation to compensate TxDOT over and above the TxDOT Compensation for any merchant bank charges or bank commissions or fees incurred by TxDOT for account replenishment and for any other forms of User payment methods which involve a bank (such as check, credit card, debit card, internet payments and wire transfers), or in the case of Video Transactions, for back-office work and services provided by TxDOT hereunder in respect of Video Transactions (including billing and processing payments for Video Transactions), costs of enforcement and collection, including costs of collection agencies and costs of pursuing collection in court, or of risks of inability to collect Video Transactions. This provision does not limit TxDOT’s right to charge Incidental Charges to customers and Users to the extent set forth in Section 6(f), or TxDOT’s right to additional compensation from Developer pursuant to Section 6(g).

Appears in 5 contracts

Samples: Tolling Services Agreement, Tolling Services Agreement, Tolling Services Agreement

FEES AND DEDUCTIONS. (i) In consideration for TxDOT’s services hereunder, Developer shall pay TxDOT the following fees: (A) The For the period from the Service Commencement Date through and including the day before the tenth anniversary of the Service Commencement Date, the Base Transaction Fee provided for in Section 6(b); plus (B) The plus the Variable Transaction Fee provided for in Section 6(c); and (B) For the period from and after the tenth anniversary of the Service Commencement Date, the Cost Plus Transaction Fee provided for in Section 6(d). (ii) The Base Transaction Fee (as calculated pursuant to Section 6(b)) and ), the Variable Transaction Fee (as calculated pursuant to Section 6(c)) and the Cost Plus Transaction Fee (as calculated pursuant to Section 6(d)) payable to TxDOT shall be subject to reduction (pursuant to Section 6(h6(i)) by the following: (A) The Delinquent Payment Deduction, calculated in accordance with Section 6(d6(e); and (B) The Non-Compliance Deduction, if any, calculated in accordance with Section 6(e6(f). The amount payable to TxDOT pursuant to Section 6(a)(i), net of deductions provided for in this Section 6(a)(ii), is referred to in this Tolling Services Agreement as the “TxDOT Compensation.” (iii) The TxDOT Compensation is inclusive of all services required under this Tolling Services Agreement, other than those added by Change Order or Change Directive. Without limiting the foregoing, TxDOT expressly acknowledges that Developer shall have no obligation to compensate TxDOT over and above the TxDOT Compensation for any merchant bank charges or bank commissions or fees incurred by TxDOT for account replenishment and for any other forms of User payment methods which involve a bank (such as check, credit card, debit card, internet payments and wire transfers), or in the case of Video Transactions, for back-office work and services provided by TxDOT hereunder in respect of Video Transactions (including billing and processing payments for Video Transactions), costs of enforcement and collection, including costs of collection agencies and costs of pursuing collection in court, or of risks of inability to collect Video Transactions. This provision does not limit TxDOT’s right to charge Incidental Charges to customers and Users to the extent set forth in Section 6(f6(g), or TxDOT’s right to additional compensation from Developer pursuant to Section 6(g6(h).

Appears in 2 contracts

Samples: Tolling Services Agreement, Tolling Services Agreement

FEES AND DEDUCTIONS. (i) In consideration for TxDOT’s services hereunder, Developer shall pay TxDOT the following fees: (A) The For the period from the Service Commencement Date for the Facility (or for the Facility Segment that first achieves Service Commencement, if Developer develops the Facility in Facility Segments) through and including the day before the tenth anniversary of such Service Commencement Date, the Base Transaction Fee provided for in Section 6(b); plus (B) The plus the Variable Transaction Fee provided for in Section 6(c); plus the additional compensation and reimbursements respecting Pre-Transition Transactions set forth in Section 16(f); and (B) For the period from and after the tenth anniversary of such Service Commencement Date, the Cost Plus Transaction Fee provided for in Section 6(d). (ii) The Base Transaction Fee (as calculated pursuant to Section 6(b)) and ), the Variable Transaction Fee (as calculated pursuant to Section 6(c)) and the Cost Plus Transaction Fee (as calculated pursuant to Section 6(d)) payable to TxDOT shall be subject to reduction (pursuant to Section 6(h6(i)) [Note that this is 6(h) in the form but that subsection would be re- lettered to 6(i) if Cost Plus pricing is selected] by the following: (A) The Delinquent Payment Deduction, calculated in accordance with Section 6(d6(e); and (B) The Non-Compliance Deduction, if any, calculated in accordance with Section 6(e6(f). The amount payable to TxDOT pursuant to Section 6(a)(i), net of deductions provided for in this Section 6(a)(ii), is referred to in this Tolling Services Agreement as the “TxDOT Compensation.” (iii) The TxDOT Compensation is inclusive of all services required under this Tolling Services Agreement, other than those added by Change Order or Change Directive. Without limiting the foregoing, TxDOT expressly acknowledges that Developer shall have no obligation to compensate TxDOT over and above the TxDOT Compensation for any merchant bank charges or bank commissions or fees incurred by TxDOT for account replenishment and for any other forms of User payment methods which involve a bank (such as check, credit card, debit card, internet payments and wire transfers), or in the case of Video Transactions, for back-office work and services provided by TxDOT hereunder in respect of Video Transactions (including billing and processing payments for Video Transactions), costs of enforcement and collection, including costs of collection agencies and costs of pursuing collection in court, or of risks of inability to collect Video Transactions, except as otherwise provided in Section 16 respecting Pre-Transition Transactions. This provision does not limit TxDOT’s right to charge Incidental Charges to customers and Users to the extent set forth in Section 6(f6(g), or TxDOT’s right to additional compensation from Developer pursuant to Section 6(g6(h).

Appears in 2 contracts

Samples: Tolling Services Agreement, Tolling Services Agreement

FEES AND DEDUCTIONS. (i) In consideration for TxDOT’s services hereunder, Developer shall pay TxDOT the following fees: (A) The For the period from the Service Commencement Date for the Facility (or the initial Facility Segment, if Developer develops the Facility in Facility Segments) through and including the day before the tenth anniversary of such Service Commencement Date, the Base Transaction Fee provided for in Section 6(b); plus (B) The plus the Variable Transaction Fee provided for in Section 6(c); and (B) For the period from and after the tenth anniversary of such Service Commencement Date, the Cost Plus Transaction Fee provided for in Section 6(d). (ii) The Base Transaction Fee (as calculated pursuant to Section 6(b)) and ), the Variable Transaction Fee (as calculated pursuant to Section 6(c)) and the Cost Plus Transaction Fee (as calculated pursuant to Section 6(d)) payable to TxDOT shall be subject to reduction (pursuant to Section 6(h6(i)) by the following: (A) The Delinquent Payment Deduction, calculated in accordance with Section 6(d6(e); and (B) The Non-Compliance Deduction, if any, calculated in accordance with Section 6(e6(f). The amount payable to TxDOT pursuant to Section 6(a)(i), net of deductions provided for in this Section 6(a)(ii), is referred to in this Tolling Services Agreement as the “TxDOT Compensation.” (iii) The TxDOT Compensation is inclusive of all services required under this Tolling Services Agreement, other than those added by Change Order or Change Directive. Without limiting the foregoing, TxDOT expressly acknowledges that Developer shall have no obligation to compensate TxDOT over and above the TxDOT Compensation for any merchant bank charges or bank commissions or fees incurred by TxDOT for account replenishment and for any other forms of User payment methods which involve a bank (such as check, credit card, debit card, internet payments and wire transfers), or in the case of Video Transactions, for back-office work and services provided by TxDOT hereunder in respect of Video Transactions (including billing and processing payments for Video Transactions), costs of enforcement and collection, including costs of collection agencies and costs of pursuing collection in court, or of risks of inability to collect Video Transactions. This provision does not limit TxDOT’s right to charge Incidental Charges to customers and Users to the extent set forth in Section 6(f6(g), or TxDOT’s right to additional compensation from Developer pursuant to Section 6(g6(h).

Appears in 2 contracts

Samples: Tolling Services Agreement, Tolling Services Agreement

FEES AND DEDUCTIONS. (i) In consideration for TxDOT’s services hereunder, Developer shall pay TxDOT the following fees: (A) The Base Transaction Fee provided for in Section 6(b); plus (B) The Variable Transaction Fee provided for in Section 6(c); plus (C) The additional compensation and reimbursements respecting Pre- Transition Transactions set forth in Section 16(f). (ii) The Base Transaction Fee (as calculated pursuant to Section 6(b)) and the Variable Transaction Fee (as calculated pursuant to Section 6(c)) payable to TxDOT shall be subject to reduction (pursuant to Section 6(h)) by the following: (A) The Delinquent Payment Deduction, calculated in accordance with Section 6(d); and (B) The Non-Compliance Deduction, if any, calculated in accordance with Section 6(e). The amount payable to TxDOT pursuant to Section 6(a)(i), net of deductions provided for in this Section 6(a)(ii), is referred to in this Tolling Services Agreement as the “TxDOT Compensation.” (iii) The TxDOT Compensation is inclusive of all services required under this Tolling Services Agreement, other than those added by Change Order or Change Directive. Without limiting the foregoing, TxDOT expressly acknowledges that Developer shall have no obligation to compensate TxDOT over and above the TxDOT Compensation for any merchant bank charges or bank commissions or fees incurred by TxDOT for account replenishment and for any other forms of User payment methods which involve a bank (such as check, credit card, debit card, internet payments and wire transfers), or in the case of Video Transactions, for back-office work and services provided by TxDOT hereunder in respect of Video Transactions (including billing and processing payments for Video Transactions), costs of enforcement and collection, including costs of collection agencies and costs of pursuing collection in court, or of risks of inability to collect Video Transactions, except as otherwise provided in Section 16 respecting Pre-Transition Transactions. This provision does not limit TxDOT’s right to charge Incidental Charges to customers and Users to the extent set forth in Section 6(f), or TxDOT’s right to additional compensation from Developer pursuant to Section 6(g).

Appears in 2 contracts

Samples: Tolling Services Agreement, Tolling Services Agreement

FEES AND DEDUCTIONS. (i) In consideration for TxDOT’s services hereunder, Developer shall pay TxDOT the following fees: (A) The For the period from the Service Commencement Date for the Project (or the initial Project Segment, if Developer develops the Project in Project Segments) through and including the day before the tenth anniversary of such Service Commencement Date, the Base Transaction Fee provided for in Section 6(b); plus (B) The plus the Variable Transaction Fee provided for in Section 6(c); and (B) For the period from and after the tenth anniversary of such Service Commencement Date, the Cost Plus Transaction Fee provided for in Section 6(d). (ii) The Base Transaction Fee (as calculated pursuant to Section 6(b)) and ), the Variable Transaction Fee (as calculated pursuant to Section 6(c)) and the Cost Plus Transaction Fee (as calculated pursuant to Section 6(d)) payable to TxDOT shall be subject to reduction (pursuant to Section 6(h6(i)) by the following: (A) The Delinquent Payment Deduction, calculated in accordance with Section 6(d6(e); and (B) The Non-Compliance Deduction, if any, calculated in accordance with Section 6(e6(f). The amount payable to TxDOT pursuant to Section 6(a)(i), net of deductions provided for in this Section 6(a)(ii), is referred to in this Tolling Services Agreement as the “TxDOT Compensation.” (iii) The TxDOT Compensation is inclusive of all services required under this Tolling Services Agreement, other than those added by Change Order or Change Directive. Without limiting the foregoing, TxDOT expressly acknowledges that Developer shall have no obligation to compensate TxDOT over and above the TxDOT Compensation for any merchant bank charges or bank commissions or fees incurred by TxDOT for account replenishment and for any other forms of User payment methods which involve a bank (such as check, credit card, debit card, internet payments and wire transfers), or in the case of Video Transactions, for back-office work and services provided by TxDOT hereunder in respect of Video Transactions (including billing and processing payments for Video Transactions), costs of enforcement and collection, including costs of collection agencies and costs of pursuing collection in court, or of risks of inability to collect Video Transactions. This provision does not limit TxDOT’s right to charge Incidental Charges to customers and Users to the extent set forth in Section 6(f6(g), or TxDOT’s right to additional compensation from Developer pursuant to Section 6(g6(h).

Appears in 1 contract

Samples: Tolling Services Agreement