Examples of Tolling Services Agreement in a sentence
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.
The foregoing shall not preclude Developer or TxDOT from granting written waivers, in general or in specific instances, of provisions of this Tolling Services Agreement or related Performance Standards.
For the benefit of TxDOT, both Parties also shall use reasonable efforts to mitigate damages in the event this Tolling Services Agreement is terminated by reason of a Termination for Convenience of the Agreement or termination of the Agreement due to TxDOT Default or suspension of work.
Independent Auditor [include this Section 31 if cost plus pricing is selected.] On or before the first day of the ninth full calendar month before the end of the tenth Service Year (or, if this Tolling Services Agreement is executed thereafter, then within 90 days after the date of execution), the Parties shall mutually select and engage the Independent Auditor for purposes of providing the services described in Section 6(d)(iv).
Refer to Section 8.2.2.2 for provisions on amendment of the NTTA Tolling Services Agreement.
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.
Routine non-material change orders, deviations and waivers in the ordinary course of business under the Design-Build Contract and O&M Contracts (except the NTTA Tolling Services Agreement) will not require TxDOT’s prior written approval, but Developer shall assure that the same are consistent with the CDA Documents and do not adversely affect Developer’s ability to carry out its duties under the CDA Documents.
Except as provided under the Change Order provisions of Section 17, this Tolling Services Agreement may be amended only if in writing executed by Xxxxxxxxx and TxDOT.
Upon the request of either Party, the Independent Engineer shall evaluate any Change Order contemplated or proposed by either Party or any Change Directive contemplated or proposed by Developer and simultaneously report to the Parties concerning the advisability thereof and the anticipated effect (economic and otherwise) of the same on this Tolling Services Agreement, the services provided hereunder and the operation of the Project.
Each Party agrees not to make any statement, written or oral, to any third party which disparages or criticizes the other Party or the other Party’s respective officers, directors, agents, or management and business practices, in each case in connection with the performance or administration of this Tolling Services Agreement or in connection with any matter related hereto.