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. (b) The Department may temporarily override any messages posted on variable message signs within or solely serving the Route 495 HOT Lanes in Virginia Project or the HOT Lanes in order to post information regarding a declared emergency issued pursuant to applicable Law by the Department or any other Governmental Authority or a significant incident involving one or more casualties requiring hospitalization or treatment by a medical professional or one or more fatalities; provided, that any such activities must be coordinated with the Concessionaire in accordance with the protocols set forth in Exhibit E. (c) The Department and the Concessionaire shall agree to the intersection control plans setting forth the management of the intersections and other junctions connecting the HOT Lanes to the surrounding roadway system to be included in or as amendments to the Joint Operating and Maintenance Protocols. At the Concessionaire’s request and expense, the Department shall be obligated from time to time to cooperate reasonably with the Concessionaire in reviewing and, if appropriate, revising the intersection control plans in order to assist the Concessionaire in meeting operational and performance targets for the HOT Lanes. (d) Subject to the Concessionaire’s obligations hereunder, during the Term the Department shall maintain, repair and, in accordance with the Department’s normal course of operations and activities, cause to be continuously open and operational, so as to permit access to the HOT Lanes by Permitted Vehicles (except for closures for activities in the following proviso), the Capital Beltway and the ramps, bridges and roadways directly connecting to the HOT Lanes and the Capital Beltway Corridor that are part of the interstates and primary system of State Highways; provided, that the foregoing does not restrict the Department’s right to operate existing or new facilities, to modify existing facilities, to construct new facilities, including but not limited to Project Enhancements, and to perform planned and emergency maintenance, renewal and replacement, safety and repair activities on existing and new facilities adjacent to or near the Project regardless of the impact of such activities on the Project.

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. (b) The Department may temporarily override any messages posted on variable message signs within or solely serving the Route 495 HOT Lanes in Virginia Project or the HOT Lanes in order to post information regarding a declared emergency issued pursuant to applicable Law by the Department or any other Governmental Authority or a significant incident involving one or more casualties requiring hospitalization or treatment by a medical professional or one or more fatalities; provided, that any such activities must be coordinated with the Concessionaire in accordance with the protocols set forth in Exhibit E. (c) The Department and the Concessionaire shall agree to the intersection control plans setting forth the management of the intersections and other junctions connecting the HOT Lanes to the surrounding roadway system to be included in or as amendments to the Joint Operating and Maintenance ProtocolsProtocols attached hereto as Exhibit E, as may be mutually updated by the parties from time to time. At the Concessionaire’s request and expense, the Department shall be obligated from time to time to cooperate reasonably with the Concessionaire in reviewing and, if appropriate, revising the intersection control plans in order to assist the Concessionaire in meeting operational and performance targets for the HOT Lanes. (d) Subject to the Concessionaire’s obligations hereunder, during the Term the Department shall maintain, repair and, in accordance with the Department’s normal course of operations and activities, cause to be continuously open and operational, so as to permit access to the HOT Lanes by Permitted Vehicles (except for closures for activities in the following proviso), the Capital Beltway and the ramps, bridges and roadways directly connecting to the HOT Lanes and the Capital Beltway Corridor that are part of the interstates and primary system of State Highways; provided, that the foregoing does not restrict the Department’s right to operate existing or new facilities, to modify existing facilities, to construct new facilities, including but not limited to Project Enhancements, and to perform planned and emergency maintenance, renewal and replacement, safety and repair activities on existing and new facilities adjacent to or near the Project regardless of the impact of such activities on the Project.