Changes in User Classifications Clause Samples
Changes in User Classifications. 3.2.1 Developer has irrevocably selected a User Classification system as set forth in Exhibit 4. Developer may not change from the system selected, and may not change, add to or delete any of the User Classifications within the selected system as set forth in Exhibit 4, without TxDOT’s express prior written consent pursuant to this Section 3.2.
3.2.2 If Developer desires to change from the system selected, or change, add to or delete any of the User Classifications within the selected system, Developer shall apply to TxDOT for permission to implement such change, addition or deletion at least 210 days prior to the proposed effective date of such change. Such application shall set forth:
3.2.2.1 Each proposed change, addition or deletion;
3.2.2.2 The date each change, addition or deletion shall become effective;
3.2.2.3 The length of time each change, addition or deletion shall be in effect;
3.2.2.4 The reason Developer requests each change, addition or deletion;
3.2.2.5 The effect each change, addition or deletion is likely to have upon Users and traffic patterns;
3.2.2.6 A thorough report and analysis of the effect each change, addition or deletion is anticipated to have on Developer’s internal rate of return (determined using the Financial Model Formulas), including the effects on the Base Case Financial Model Update (or, if there has been no Update, on the Base Case Financial Model) and on the assumptions and data therein; and
3.2.2.7 Such other information and data as TxDOT may reasonably
3.2.3 Developer’s application shall be deemed granted without conditions unless within 120 days after receipt of a completed application TxDOT advises Developer that it has granted Developer’s application with conditions or denied Developer’s application. TxDOT may deny an application or impose conditions to granting an application in its sole discretion, including conditioning approval on new or an adjustment of compensation for TxDOT under this Agreement. TxDOT’s decision shall not be subject to dispute resolution. If ▇▇▇▇▇▇▇▇▇ finds TxDOT’s conditions to the grant of an application to be unacceptable, Developer may withdraw the application and continue with the then-existing User Classifications. If Developer resubmits an application after rejection or imposition of conditions, the above procedures shall apply to the resubmitted application.
3.2.4 If Developer’s application is deemed granted without conditions or is granted subject to conditions acceptable to Devel...
Changes in User Classifications. (a) The Concessionaire may not change, add to or delete any of the User Classifications without the Department’s express prior written consent pursuant to this Section 5.03.
(b) If the Concessionaire desires to change, add to or delete any of the User Classifications, the Concessionaire will apply to the Department for permission to implement such change, addition or deletion at least 75 Days prior to the proposed effective date of such change. Such application will set forth:
(i) each proposed change, addition or deletion;
(ii) the date each change, addition or deletion will become effective;
(iii) the length of time each change, addition or deletion will be in effect;
(iv) the reason the Concessionaire requests each change, addition or deletion;
(v) the effect each change, addition or deletion is likely to have upon users and traffic patterns;
(vi) a proposed schedule of toll rates reflecting each change, addition or deletion;
(vii) a comprehensive report and analysis of the effect each change, addition or deletion is anticipated to have on the Equity IRR, including the effects on the Base Case Financial Model and on the assumptions and data therein; and
(viii) such other information and data as the Department may reasonably request.
(c) The Concessionaire’s application will be deemed granted without conditions unless within 30 Days after receipt of a completed application the Department advises the EXECUTION VERSION – DECEMBER 5, 2011 Concessionaire in writing that it has granted the Concessionaire’s application with conditions or denied the Concessionaire’s application. The Department may deny an application or impose conditions in its reasonable discretion, including conditioning approval on adjustment of compensation for the Department pursuant to this Agreement. Without limiting the Department’s discretion, the following matters will be grounds for rejection:
(i) the proposals set forth in the application are not reasonable under the circumstances;
(ii) the supporting documentation is erroneous, incomplete, inconsistent, inaccurate or deficient, or is insufficient to support the proposal; or
(iii) the assumptions of projections set forth in the application are unrealistic. If the Concessionaire resubmits an application after rejection or imposition of conditions, the above procedures will apply to the resubmitted application.
(d) If the Concessionaire’s application is deemed granted without conditions or is granted subject to conditions acceptable t...
Changes in User Classifications