Common use of Project Enhancements by the Concessionaire Clause in Contracts

Project Enhancements by the Concessionaire. The Concessionaire shall have the right, at its sole cost and expense, at any time after the Service Commencement Date, to design, develop, construct, operate and maintain Concessionaire Project Enhancements within the HOT Lanes Right of Way, including any fundamental change in the dimensions, character, quality, location or position of all or any part of the HOT Lanes; provided, that the Concessionaire shall not undertake any such Project Enhancements unless all aspects thereof are approved in writing by the Department in its sole discretion, and the Concessionaire has entered into a Development Contract with the Department with respect thereto.