Proposed Operating Standards. If the Concessionaire, at its cost and expense, wishes to implement and use operating standards other than the Operating Standards, the Concessionaire must provide notice of such proposed operating standards to the Authority for Approval. The Concessionaire’s proposed operating standards must be accompanied by an explanation of the Concessionaire’s rationale for making its proposal and all relevant supporting information, certificates, reports, studies, investigations and other materials as are necessary to demonstrate that the Concessionaire’s proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating Standards. The Authority may request any additional supporting information, certificates, reports, studies, investigations and other materials as are reasonably required by the Authority to determine if the Concessionaire’s proposed operating standards are reasonably designed to achieve the objectives of the applicable Operating Standards. Until the Authority provides its Approval for the implementation of the Concessionaire’s proposed operating standards, the Concessionaire shall not implement the proposed operating standards and shall implement and comply with the Operating Standards. The Concessionaire’s proposed operating standards shall be deemed incorporated into the Operating Standards upon Approval by the Authority in accordance with the terms hereof. If the Authority refuses to Approve any proposed operating standards and the Concessionaire disagrees with such refusal, the Concessionaire may submit the matter to dispute resolution under the provisions of Article 19.
Proposed Operating Standards. As part of its quarterly report, Parking Company may recommend modifications to the Operating Standards for Metro’s consideration and Approval. Parking Company’s proposed modifications to the Operating Standards must be accompanied by an explanation of Parking Company’s rationale for making its proposal and all relevant supporting Information, certificates, data, reports, studies, investigations and other materials as are necessary to demonstrate that Parking Company’s proposed amendments to the Operating Standards are reasonably designed to be consistent with or improve upon the standards and requirements for performance previously approved and authorized by Metro and set forth in the Business Plan. Metro may request any additional supporting Information, certificates, reports, studies, investigations and other materials as are reasonably required to determine if Parking Company’s proposed amendment to the Operating Standards are acceptable. Until Metro provides its Approval for the implementation of Parking Company’s proposed amended Operating Standards, Parking Company shall not implement the amended Operating Standards and shall implement and comply with the existing Operating Standards. Parking Company’s proposed amendments to the Operating Standards will be deemed incorporated into the Operating Standards upon Approval by Metro. If Metro refuses to Approve any proposed amendment to the Operating Standards and Parking Company disagrees with such refusal, Parking Company may not submit the matter to the procedures under the provisions of Article 18.
