Common use of Intelligent Transportation Systems (ITS) Activities Clause in Contracts

Intelligent Transportation Systems (ITS) Activities. With the approval of the Concessionaire (such approval not to be unreasonably withheld), the Department shall have the right to perform ITS research and install ITS equipment on the HOT Lanes Right of Way for public, non-revenue generating purposes, provided that such ITS equipment does not materially interfere with the functioning of the ETTM System or existing ITS systems being utilized for the HOT Lanes, and does not materially and negatively impact toll operations or reduce vehicle throughput capacity of the Project; and provided, further, that if the Department’s ITS activities pursuant to this Section 12.03 result in the incurrence by the Concessionaire of Concessionaire Damages, the Concessionaire shall be entitled to compensation in accordance with Sections 13.02 and 13.03. The Department shall bear all installation, maintenance, operation, replacement and other costs and expenses relating to such ITS equipment and research and all claims and liabilities resulting therefrom, and subject to any applicable privacy Law, shall provide access to all transportation data generated thereby, including video streams, to the Concessionaire at no cost for the sole purpose of traffic management.

Intelligent Transportation Systems (ITS) Activities. With the approval of the Concessionaire (such approval not to be unreasonably withheld), the Department shall have the right to perform ITS research and install ITS equipment on the HOT Lanes Right of Way for public, non-revenue generating purposes, provided that such ITS equipment does not materially interfere with the functioning of the ETTM System or existing ITS systems being utilized for the HOT Lanes, and does not materially and negatively impact toll operations or reduce vehicle throughput capacity of the HOT Lanes Project; and provided, further, that if the Department’s ITS activities pursuant to this Section 12.03 result in the incurrence by the Concessionaire of Concessionaire Damages, the Concessionaire shall be entitled to compensation in accordance with Sections 13.02 and 13.03. The Department shall bear all installation, maintenance, operation, replacement and other costs and expenses relating to such ITS equipment and research and all claims and liabilities resulting therefrom, and subject to any applicable privacy Law, shall provide access to all transportation data generated thereby, including video streams, to the Concessionaire at no cost for the sole purpose of traffic management.