Request to Implement Tolling Method Change. Any request by Developer to implement a Tolling Method Change shall be considered by TxDOT in accordance with the applicable provisions of Exhibit 10. Developer shall include with such request Developer’s calculation of the anticipated Tolling Method Gain and any back-up documentation for its calculation, including at a minimum a true and complete copy of a preliminary traffic and revenue study and analysis showing the projected effects (including data on past Toll Revenues and projected future Toll Revenues with and without the potential Tolling Method Change) and a reasonably detailed statement quantifying such effects. In determining whether to permit a Tolling Method Change, TxDOT may consider, among other things, whether TxDOT agrees with Developer’s calculation of the Tolling Method Gain or the traffic and revenue study and whether TxDOT determines the Tolling Method Gain to be sufficient compensation to TxDOT to permit the Tolling Method Change. In the event TxDOT requires Developer to toll the Toll Lanes in Dynamic Mode pursuant to Section 7(a)(ii) of Exhibit 10, Developer shall deliver Developer’s calculation of the anticipated Tolling Method Gain as described above.
