Common use of Police and Enforcement Services Clause in Contracts

Police and Enforcement Services. (a) The Department shall cause the Virginia State Police to provide police services, and cause emergency services (fire and rescue), including traffic patrol and traffic law enforcement services, to be provided on the HOT Lanes at a level of service equivalent to that provided on comparable State Highways from time to time, which shall in any event not be less in scope, level or quality of service than that provided on the Capital Beltway as of the Closing Date. All such foregoing services shall be provided without any charge to the Concessionaire or the Project. In addition, if required by the Concessionaire, the Department shall assist the Concessionaire in obtaining enhanced levels of police services for the control of traffic for construction or maintenance activities or as otherwise as needed (and in each case, at the Concessionaire’s sole cost and expense) or the Concessionaire may obtain such services from another entity at its cost and expense, subject to compliance with all applicable Law. (b) The Concessionaire may, at its sole cost and expense, engage the Virginia State Police to provide toll and HOV enforcement services (including the identification and apprehension of toll violators), and the Department shall assist the Concessionaire in obtaining such services if so requested by the Concessionaire. The Concessionaire shall not engage or permit the engagement of private security services to provide traffic patrol or traffic law enforcement services on the HOT Lanes; provided, however, that the foregoing does not preclude the Concessionaire from engaging private security firms or employing other appropriate security devices, vehicle occupancy detection equipment or other automated technology to protect, collect and enforce the payment of Toll Revenues or to identify toll violators, subject to compliance with Law, nor does it limit the Concessionaire’s right to enforce any private rights and civil remedies available to it respecting toll violations. (c) The Department shall not have any responsibility or liability to the Concessionaire resulting from or otherwise relating to the failure of the Virginia State Police or any other public agencies to provide policing services contemplated by this Section 8.10 or any of the acts or omissions of the Virginia State Police or such agencies with respect to such services.

Police and Enforcement Services. (a) The Department shall cause Developer will coordinate with the Virginia State Police to provide police servicesbasic policing, incident response services and cause emergency services (fire and rescue), including traffic patrol and traffic law enforcement servicesservices and enforcement of HOV compliance, to be provided on the HOT Lanes Project Assets at a level of service equivalent to that provided on comparable State Highways from time to time, which shall in any event not . The Developer will be less in scope, level or quality of service than that provided on solely responsible for the Capital Beltway as of costs associated with the Closing Date. All such foregoing services shall be provided without any charge to in accordance with the Concessionaire or the Projectschedule set forth in Attachment 1. In addition, if required by the Concessionaire, Developer may coordinate with the Department shall assist the Concessionaire in obtaining Virginia State Police to obtain enhanced levels of police services for the the‌ control of traffic for construction or maintenance activities or as otherwise as needed (and in each case, at the ConcessionaireDeveloper’s sole cost and expense) or the Concessionaire may obtain such services from another entity at its cost and expense, subject to compliance with all applicable Law). (b) The Concessionaire Developer may, at its sole cost and expense, engage the Virginia State Police to provide toll and HOV enforcement services (including the identification and apprehension of toll violators)services, and the Department shall will assist the Concessionaire Developer in obtaining such services if so requested by the ConcessionaireDeveloper. The Concessionaire shall Developer will not engage or permit the engagement of private security services to provide traffic patrol or traffic law enforcement services on the HOT LanesProject Assets; provided, however, that the foregoing does not preclude the Concessionaire Developer from engaging private security firms or employing other appropriate security devices, vehicle occupancy detection equipment or other automated technology to protect, collect and enforce the payment of Toll Revenues or and to identify toll violators, subject to compliance with Law, nor does it limit the Concessionaire’s right and to enforce any private rights and civil remedies available to it it, as limited by Section 5.01(c)(v) of this Agreement, respecting toll violations. (c) Notwithstanding the foregoing, the Developer will not permit any private security firm to stop vehicles, apprehend road users, or engage in any other direct enforcement activity on the Project Right of Way. (d) The Department shall will not have any responsibility or liability to the Concessionaire Developer resulting from or otherwise relating to the failure of the Virginia State Police or any other public agencies to provide policing services contemplated by this Section 8.10 9.05 or any of the acts or omissions of the Virginia State Police or such agencies with respect to such services. (e) The parties further understand and agree that, as the Project Assets will constitute part of the State Highway system, the Virginia State Police and other public agencies will have access to the Project Assets and jurisdiction to enforce the laws and regulations of the Commonwealth as they apply to the Project Assets.

Police and Enforcement Services. ‌ (a) The Department shall cause Developer will coordinate with the Virginia State Police to provide police servicesbasic policing, incident response services and cause emergency services (fire and rescue), including traffic patrol and traffic law enforcement servicesservices and enforcement of HOV compliance, to be provided on the HOT Lanes Project Assets at a level of service equivalent to that provided on comparable State Highways from time to time, which shall in any event not . The Developer will be less in scope, level or quality of service than that provided on solely responsible for the Capital Beltway as of costs associated with the Closing Date. All such foregoing services shall be provided without any charge to in accordance with the Concessionaire or the Projectschedule set forth in Attachment 1. In addition, if required by the Concessionaire, Developer may coordinate with the Department shall assist the Concessionaire in obtaining Virginia State Police to obtain enhanced levels of police services for the control of traffic for construction or maintenance activities or as otherwise as needed (and in each case, at the ConcessionaireDeveloper’s sole cost and expense) or the Concessionaire may obtain such services from another entity at its cost and expense, subject to compliance with all applicable Law.expense).‌ (b) The Concessionaire Developer may, at its sole cost and expense, engage the Virginia State Police to provide toll and HOV enforcement services (including the identification and apprehension of toll violators)services, and the Department shall will assist the Concessionaire Developer in obtaining such services if so requested by the ConcessionaireDeveloper. The Concessionaire shall Developer will not engage or permit the engagement of private security services to provide traffic patrol or traffic law enforcement services on the HOT LanesProject Assets; provided, however, that the foregoing does not preclude the Concessionaire Developer from engaging private security firms or employing other appropriate security devices, vehicle occupancy detection equipment or other automated technology to protect, collect and enforce the payment of Toll Revenues or and to identify toll violators, subject to compliance with Law, nor does it limit the Concessionaire’s right and to enforce any private rights and civil remedies available to it it, as limited by Section 5.01(c)(iii) of this Agreement, respecting toll violations. (c) Notwithstanding the foregoing, the Developer will not permit any private security firm to stop vehicles, apprehend road users, or engage in any other direct enforcement activity on the Project Right of Way. (d) The Department shall will not have any responsibility or liability to the Concessionaire Developer resulting from or otherwise relating to the failure of the Virginia State Police or any other public agencies to provide policing services contemplated by this Section 8.10 9.05 or any of the acts or omissions of the Virginia State Police or such agencies with respect to such services. (e) The parties further understand and agree that, as the Project Assets will constitute part of the State Highway system, the Virginia State Police and other public agencies will have access to the Project Assets and jurisdiction to enforce the laws and regulations of the Commonwealth as they apply to the Project Assets.

Police and Enforcement Services. (a) The Department shall cause the Virginia State Police to provide police services, and cause emergency services (fire and rescue), including traffic patrol and traffic law enforcement services, ) to be provided on the HOT Lanes at a level of service equivalent to that provided on comparable State Highways from time to time, which shall in any event not be less in scope, level or quality of service than that provided on the Capital Beltway as of the Closing Date. All such foregoing services shall be provided without any charge to the Concessionaire or the Project. In addition, if required by the Concessionaire, the Department shall assist the Concessionaire in obtaining enhanced levels of police services for the control of traffic for construction or maintenance activities or as otherwise as needed (and in each case, at the Concessionaire’s sole cost and expense) or the Concessionaire may obtain such services from another entity at its cost and expense, subject to compliance with all applicable Law. (b) The Concessionaire may, at its sole cost and expense, engage will be responsible for any coordination with the Virginia State Police to provide toll Police, including for traffic patrol and HOV traffic law enforcement services (including the identification and apprehension of toll violators)services, and the Department shall assist the Concessionaire in obtaining such services if so requested by the Concessionaireservices. The Concessionaire shall not engage or permit the engagement of private security services to provide traffic patrol or traffic law enforcement services on the HOT Lanes; provided, however, that the foregoing does not preclude the Concessionaire from engaging private security firms or employing other appropriate security devices, vehicle occupancy detection equipment or other automated technology to protect, collect and enforce the payment of Toll Revenues or to identify toll violators, subject to compliance with Law, nor does it limit the Concessionaire’s right to enforce any private rights and civil remedies available to it respecting toll violations. (c) If requested by the Concessionaire, the Department shall assist the Concessionaire in obtaining from the Virginia State Police enhanced levels of police services for the control of traffic for construction or maintenance activities or as otherwise as needed (and in each case, at the Concessionaire’s sole cost and expense) or the Concessionaire may obtain such services from local government law enforcement agencies at its cost and expense, subject to compliance with all applicable Law. (d) The Department shall not have any responsibility or liability to the Concessionaire resulting from or otherwise relating to the failure of the Virginia State Police or any other public agencies to provide policing services contemplated by this Section 8.10 or any of the acts or omissions of the Virginia State Police or such agencies with respect to such services.

Police and Enforcement Services. ‌ (a) The Department shall cause Developer will coordinate with the Virginia State Police to provide police servicesbasic policing, incident response services and cause emergency services (fire and rescue), including traffic patrol and traffic law enforcement services, to be provided on the HOT Lanes Project Assets at a level of service equivalent to that provided on comparable State Highways from time to time. The Developer will be solely responsible for the costs associated with the foregoing services, with such costs to be in the maximum amount of $[•] beginning in the year in which shall Service Commencement is achieved, with such maximum amount to be adjusted in each year thereafter by an annual escalation of [ ]%. For the avoidance of doubt, such services will not include any event not be less in scope, level enforcement of HOV compliance or quality of service than that provided on the Capital Beltway as of the Closing Date. All such foregoing services shall be provided without any charge to the Concessionaire or the Projecttoll enforcement. In addition, if required by the Concessionaire, Developer may coordinate with the Department shall assist the Concessionaire in obtaining Virginia State Police to obtain enhanced levels of police services for the control of traffic for construction or maintenance activities or as otherwise as needed (and in each case, at the ConcessionaireDeveloper’s sole cost and expense) or the Concessionaire may obtain such services from another entity at its cost and expense, subject to compliance with all applicable Law.expense).‌ (b) The Concessionaire Developer may, at its sole cost and expense, engage the Virginia State Police to provide toll enforcement and HOV enforcement services (including the identification and apprehension of toll violators), and the Department shall will assist the Concessionaire Developer in obtaining such services if so requested by the ConcessionaireDeveloper. The Concessionaire shall Developer will not engage or permit the engagement of private security services to provide traffic patrol or traffic law enforcement services on the HOT LanesProject Assets; provided, however, that the foregoing does not preclude the Concessionaire Developer from engaging private security firms or employing other appropriate security devices, vehicle occupancy detection equipment or other automated technology to protect, collect and enforce the payment of Toll Revenues or and to identify toll and/or HOV violators, subject to compliance with Law, nor does it limit the Concessionaire’s right and to enforce any private rights and civil remedies available to it it, as limited by Section 5.01(c)(iii) of this Agreement, respecting toll and/or HOV violations. (c) Notwithstanding the foregoing, the Developer will not permit any private security firm to stop vehicles, apprehend road users, or engage in any other direct enforcement activity on the Project Right of Way. (d) The Department shall will not have any responsibility or liability to the Concessionaire Developer resulting from or otherwise relating to the failure of the Virginia State Police or any other public agencies to provide policing services contemplated by this Section 8.10 9.05 or any of the acts or omissions of the Virginia State Police or such agencies with respect to such services. (e) The parties further understand and agree that, as the Project Assets will constitute part of the State Highway system, the Virginia State Police and other public agencies will have access to the Project Assets and jurisdiction to enforce the laws and regulations of the Commonwealth as they apply to the Project Assets.

Police and Enforcement Services. (a) The Department shall cause will coordinate with the Virginia State Police to provide police policing services, and cause to provide emergency services (fire and rescue), including traffic patrol and traffic law enforcement services, to be provided on the HOT Lanes Project at a level of service equivalent to that provided on comparable State Highways from time to time, which shall in any event not be less in scope, level or quality of service than that provided on the Capital Beltway as of the Closing Date. All such foregoing services shall will be provided without any charge to the Concessionaire or the Project. In addition, if required reasonably requested by the Concessionaire, the Department shall will assist the Concessionaire in obtaining enhanced levels of police services for the control of traffic for construction or maintenance activities or as otherwise as needed (and in each case, at the Concessionaire’s sole cost and expense) or ). Notwithstanding such assistance, the Concessionaire may obtain will be solely responsible for obtaining such enhanced services and the Department does not guarantee that such services from another entity at its cost and expense, subject to compliance with all applicable Lawcan be obtained. (b) The Concessionaire may, at its sole cost and expense, engage the Virginia State Police to provide toll and HOV enforcement services (including the identification and apprehension of toll EXECUTION VERSION – DECEMBER 5, 2011 violators), and the Department shall will assist the Concessionaire in obtaining such services if so requested by the Concessionaire. The Concessionaire shall will not engage or permit the engagement of private security services to provide traffic patrol or traffic law enforcement services on the HOT LanesProject; provided, however, that the foregoing does not preclude the Concessionaire from engaging private security firms or employing other appropriate security devices, vehicle occupancy detection equipment or other automated technology to protect, collect and enforce the payment of Toll Revenues or to identify toll violators, subject to compliance with Law, nor does it limit the Concessionaire’s right to enforce any private rights and civil remedies available to it respecting toll violations. Notwithstanding the foregoing, the Concessionaire will not permit any private security firm to stop vehicles, apprehend road users, or engage in any other direct enforcement activity on the Project Right of Way. (c) The Department shall will not have any responsibility or liability to the Concessionaire resulting from or otherwise relating to the failure of the Virginia State Police or any other public agencies to provide policing services contemplated by this Section 8.10 9.06 or any of the acts or omissions of the Virginia State Police or such agencies with respect to such services. (d) The parties further understand and agree that, as the Project will constitute part of the State Highway system, the Virginia State Police and other public agencies will have access to the Project and jurisdiction to enforce the laws and regulations of the State as they apply to the Project.

Police and Enforcement Services. ‌ (a) The Department shall cause Developer will coordinate with the Virginia State Police to provide police servicesbasic policing, incident response services and cause emergency services (fire and rescue), including traffic patrol and traffic law enforcement services, to be provided on the HOT Lanes Project Assets at a level of service equivalent to that provided on comparable State Highways from time to time, which shall in any event not . The Developer will be less in scope, level or quality of service than that provided on solely responsible for the Capital Beltway as of costs associated with the Closing Date. All such foregoing services shall be provided without in accordance with the schedule set forth in Attachment 1. For the avoidance of doubt, such services will not include any charge to the Concessionaire enforcement of HOV compliance or the Projecttoll enforcement. In addition, if required by the Concessionaire, Developer may coordinate with the Department shall assist the Concessionaire in obtaining Virginia State Police to obtain enhanced levels of police services for the control of traffic for construction or maintenance activities or as otherwise as needed (and in each case, at the ConcessionaireDeveloper’s sole cost and expense) or the Concessionaire may obtain such services from another entity at its cost and expense, subject to compliance with all applicable Law.expense).‌ (b) The Concessionaire Developer may, at its sole cost and expense, engage the Virginia State Police to provide toll enforcement and HOV enforcement services (including the identification and apprehension of toll violators), and the Department shall will assist the Concessionaire Developer in obtaining such services if so requested by the ConcessionaireDeveloper. The Concessionaire shall Developer will not engage or permit the engagement of private security services to provide traffic patrol or traffic law enforcement services on the HOT LanesProject Assets; provided, however, that the foregoing does not preclude the Concessionaire Developer from engaging private security firms or employing other appropriate security devices, vehicle occupancy detection equipment or other automated technology to protect, collect and enforce the payment of Toll Revenues or and to identify toll and/or HOV violators, subject to compliance with Law, nor does it limit the Concessionaire’s right and to enforce any private rights and civil remedies available to it it, as limited by Section 5.01(c)(iii) of this Agreement, respecting toll and/or HOV violations. (c) Notwithstanding the foregoing, the Developer will not permit any private security firm to stop vehicles, apprehend road users, or engage in any other direct enforcement activity on the Project Right of Way. (d) The Department shall will not have any responsibility or liability to the Concessionaire Developer resulting from or otherwise relating to the failure of the Virginia State Police or any other public agencies to provide policing services contemplated by this Section 8.10 9.05 or any of the acts or omissions of the Virginia State Police or such agencies with respect to such services. (e) The parties further understand and agree that, as the Project Assets will constitute part of the State Highway system, the Virginia State Police and other public agencies will have access to the Project Assets and jurisdiction to enforce the laws and regulations of the Commonwealth as they apply to the Project Assets.

Police and Enforcement Services. (a) The Other than with respect to the 395 HOT Lanes, the Department shall cause will coordinate with the Virginia State Police to provide police policing services, and cause to provide emergency services (fire and rescue), including traffic patrol and traffic law enforcement services, to be provided on the HOT Lanes Project at a level of service equivalent to that provided on comparable State Highways from time to time, which shall in any event not be less in scope, level or quality of service than that provided on the Capital Beltway as of the Closing Date. All such foregoing services shall will be provided without any charge to the Concessionaire or the ProjectProject (other than with respect to the 395 HOT Lanes). For the avoidance of doubt, such services will not include any enforcement of HOV compliance. In addition, if required reasonably requested by the Concessionaire, the Department shall will assist the Concessionaire in obtaining enhanced levels of police services for the control of traffic for construction or maintenance activities or as otherwise as needed (and in each case, at the Concessionaire’s sole cost and expense) or ). Notwithstanding such assistance, the Concessionaire may obtain will be solely responsible for obtaining such enhanced services and the Department does not guarantee that such services from another entity at its cost and expense, subject to compliance with all applicable Lawcan be obtained. (b) The Concessionaire may, at its sole cost and expense, engage the Virginia State Police to provide toll enforcement and HOV enforcement services (including the identification and apprehension of toll violators), and the Department shall will assist the Concessionaire in obtaining such services if so requested by the Concessionaire. The Concessionaire shall will not engage or permit the engagement of private security services to provide traffic patrol or traffic law enforcement services on the HOT LanesProject; provided, however, that the foregoing does not preclude the Concessionaire from engaging private security firms or employing other appropriate security devices, vehicle occupancy detection equipment or other automated technology to protect, collect and enforce the payment of Toll Revenues or and to identify toll and/or HOV violators, subject to compliance with Law, nor does it limit the Concessionaire’s right and to enforce any private rights and civil remedies available to it respecting toll and/or HOV violations. (c) The Department shall not have any responsibility or liability to the Concessionaire resulting from or otherwise relating to the failure of the Virginia State Police or any other public agencies to provide policing services contemplated by this Section 8.10 or any of the acts or omissions of the Virginia State Police or such agencies with respect to such services.

Police and Enforcement Services. (a) The Department shall cause will coordinate with the Virginia State Police to provide police policing services, and cause to provide emergency services (fire and rescue), including traffic patrol and traffic law enforcement services, to be provided on the HOT Lanes Project at a level of service equivalent to that provided on comparable State Highways from time to time, which shall in any event not be less in scope, level or quality of service than that provided on the Capital Beltway as of the Closing Date. All such foregoing services shall will be provided without any charge to the Concessionaire Developer or the Project. For the avoidance of doubt, such services will not include any enforcement of HOV compliance. In addition, if required reasonably requested by the ConcessionaireDeveloper, the Department shall will assist the Concessionaire Developer in obtaining enhanced levels of police services for the control of traffic for construction or maintenance activities or as otherwise as needed (and in each case, at the ConcessionaireDeveloper’s sole cost and expense) or ). Notwithstanding such assistance, the Concessionaire may obtain Developer will be solely responsible for obtaining such enhanced services and the Department does not guarantee that such services from another entity at its cost and expense, subject to compliance with all applicable Lawcan be obtained. (b) The Concessionaire Developer may, at its sole cost and expense, engage the Virginia State Police to provide toll enforcement and HOV enforcement services (including the identification and apprehension of toll violators), and the Department shall will assist the Concessionaire Developer in obtaining such services if so requested by the ConcessionaireDeveloper. The Concessionaire shall Developer will not engage or permit the engagement of private security services to provide traffic patrol or traffic law enforcement services on the HOT LanesProject; provided, however, that the foregoing does not preclude the Concessionaire Developer from engaging private security firms or employing other appropriate security devices, vehicle occupancy detection equipment or other automated technology to protect, collect and enforce the payment of Toll Revenues or and to identify toll and/or HOV violators, subject to compliance with Law, nor does it limit the Concessionaire’s right and to enforce any private rights and civil remedies available to it it, as limited by Section 5.01(c)(iii) of this Agreement, respecting toll and/or HOV violations. (c) Notwithstanding the foregoing, the Developer will not permit any private security firm to stop vehicles, apprehend road users, or engage in any other direct enforcement activity on the Project Right of Way. (d) The Department shall will not have any responsibility or liability to the Concessionaire Developer resulting from or otherwise relating to the failure of the Virginia State Police or any other public agencies to provide policing services contemplated by this Section 8.10 9.05 or any of the acts or omissions of the Virginia State Police or such agencies with respect to such services. (e) The parties further understand and agree that, as the Project Assets will constitute part of the State Highway system, the Virginia State Police and other public agencies will have access to the Project Assets and jurisdiction to enforce the laws and regulations of the Commonwealth as they apply to the Project Assets.

Police and Enforcement Services. (a) The Department shall cause will coordinate with the Virginia State Police to provide police policing services, and cause to provide emergency services (fire and rescue), including traffic patrol and traffic law enforcement services, to be provided on the HOT Lanes Project at a level of service equivalent to that provided on comparable State Highways from time to time, which shall in any event not be less in scope, level or quality of service than that provided on the Capital Beltway as of the Closing Date. All such foregoing services shall will be provided without any charge to the Concessionaire or the Project. In addition, if required reasonably requested by the Concessionaire, the Department shall will assist the Concessionaire in obtaining enhanced levels of police services for the control of traffic for construction or maintenance activities or as otherwise as needed (and in each case, at the Concessionaire’s sole cost and expense) or ). Notwithstanding such assistance, the Concessionaire may obtain will be solely responsible for obtaining such enhanced services and the Department does not guarantee that such services from another entity at its cost and expense, subject to compliance with all applicable Lawcan be obtained. (b) The Concessionaire may, at its sole cost and expense, engage the Virginia State Police to provide toll and HOV enforcement services (including the identification and apprehension of toll violators), and the Department shall will assist the Concessionaire in obtaining such services if so requested by the Concessionaire. The Concessionaire shall will not engage or permit the engagement of private security services to provide traffic patrol or traffic law enforcement services on the HOT LanesProject; provided, however, that the foregoing does not preclude the Concessionaire from engaging private security firms or employing other appropriate security devices, vehicle occupancy detection equipment or other automated technology to protect, collect and enforce the payment of Toll Revenues or to identify toll violators, subject to compliance with Law, nor does it limit the Concessionaire’s right to enforce any private rights and civil remedies available to it respecting toll violations. Notwithstanding the foregoing, the Concessionaire will not permit any private security firm to stop vehicles, apprehend road users, or engage in any other direct enforcement activity on the Project Right of Way. (c) The Department shall will not have any responsibility or liability to the Concessionaire resulting from or otherwise relating to the failure of the Virginia State Police or any other public agencies to provide policing services contemplated by this Section 8.10 9.06 or any of the acts or omissions of the Virginia State Police or such agencies with respect to such services. (d) The parties further understand and agree that, as the Project will constitute part of the State Highway system, the Virginia State Police and other public agencies will have access to the Project and jurisdiction to enforce the laws and regulations of the State as they apply to the Project.