Common use of Traffic Management Activities Clause in Contracts

Traffic Management Activities. (a) The Concessionaire shall cooperate with the Department in managing the HOT Lanes as part of the overall transportation network in Northern Virginia. The Concessionaire’s congestion pricing methodology on the HOT Lanes is not intended to be inconsistent with the Department’s plans and programs for highway system management of the overall transportation network in Northern Virginia; provided, that implementation of such congestion pricing methodology is not otherwise inconsistent with and will not materially impact (i) the Concessionaire’s financial plan for financing the costs of the Project or (ii) the financial performance of the Project, and will not result in a breach of the SAFETEA-LU or other agreed operational requirements. For purposes of this subsection, “congestion pricing methodology” means a tolling methodology intended to maintain free-flow traffic conditions.