Examples of Tolling Services Agreement in a sentence
Developer shall comply with the provisions of any applicable Law prescribing disclosure of Developer’s privacy policies, including provisions on the content of disclosures and when disclosure must be given, as deemed compliance with the disclosure requirements of this Section 8.8.8. Provided that the NTTA Tolling Services Agreement is not in effect, the content of the form of disclosure, and any changes thereto that Developer may make from time to time, shall be subject to TxDOT’s prior written approval.
The laws of the State of Texas shall govern this Tolling Services Agreement.
The Independent Engineer is to perform the functions provided for under this Tolling Services Agreement and the Independent Engineer Agreement and to assist and advise the Parties concerning its findings and recommendations.
As soon as practicable following the Parties’ execution and delivery of this Tolling Services Agreement, and in any event no later than 6 months thereafter, the Parties shall engage an independent third party engineering firm (the “Independent Engineer”) to provide the services that this Tolling Services Agreement states are to be provided by the Independent Engineer.
If such default has not been cured by the expiration of the cure period provided herein, regardless of whether an event of default has occurred and is continuing under any loan documents between such Lender and/or Collateral Agent and Developer, or whether such Lender and/or Collateral Agent has exercised any rights or remedies with respect thereto, TXDOT shall have and may exercise all the rights and remedies otherwise available to it under, or referenced in, this Tolling Services Agreement.
The right of inspection includes the right to make extracts and take notes, which will be subject to the confidentiality provisions of this Tolling Services Agreement.
TxDOT’s recoverable damages (following any termination of this Tolling Services Agreement) shall include the unamortized portion of all TxDOT’s reasonable direct costs to prepare and mobilize for performance of this Tolling Services Agreement, including equipment costs, costs of interface coordination, hiring and training costs, and similar costs directly attributable to such preparation and mobilization.
Failure by TxDOT to carry out these requirements is a material breach of this Tolling Services Agreement, which may result in termination hereof or such other remedy permitted hereunder as Developer deems appropriate.
If TxDOT accepts such data for processing, then the matter shall be treated as a Transaction for all purposes under this Tolling Services Agreement, except as provided otherwise in Section 10(a).
Developer shall indemnify, protect, defend and hold harmless TxDOT from any loss, cost, liability, obligation or expense arising out of any infringement by TxDOT of any such Intellectual Property Rights in the performance of this Tolling Services Agreement (except to the extent that any such loss, cost, liability, obligation or expense relates to a modification to such Intellectual Property Rights made by TxDOT without authorization by Developer).