Common use of Modifications to Systems Clause in Contracts

Modifications to Systems. (a) As equipment changes, modifications or upgrades occur to the ETC Systems, the Participant will use reasonable efforts to cause its ETC equipment used on the Facility to be compatible with that used by VDOT on its other ETC facilities and VDOT’s ETC operations. The Participant will be responsible for any and all system maintenance, changes, modifications or upgrades to its ETC equipment or operations. If any changes, modifications or upgrades to any of the Participant’s ETC equipment or other system modifications will adversely impact VDOT’s ETC operations in any material respect, the parties agree to make good faith efforts to resolve such impact to each party’s satisfaction; provided, however, that any such changes, modifications or upgrades will be ultimately compatible with the VDOT ETC operations. Either party will notify the other in writing at least 90 days in advance of any changes or modification to such party’s ETC System equipment that may affect the other’s ETC System equipment or operations in any material respect.

Modifications to Systems. (a) As equipment changes, modifications or upgrades occur to the ETC Systems, the Participant will use reasonable efforts to cause its ETC equipment used on the Facility to be compatible with that used by VDOT on its other ETC facilities and VDOT’s ETC operations. The Participant will be responsible for any and all system maintenance, changes, modifications or upgrades to its ETC equipment or operations. If any changes, modifications or upgrades to any of the Participant’s ETC equipment or other system modifications will adversely impact VDOT’s ETC operations in any material respect, the parties agree to make good faith efforts to resolve such impact impart to each party’s satisfaction; provided, however, that any such changes, modifications or upgrades will be ultimately compatible with the VDOT ETC operations. Either party will notify the other in writing at least 90 days in advance of any changes or modification to such party’s ETC System equipment that may affect the other’s ETC System equipment or operations in any material respect.