Emergency Suspension of Tolls. 3.4.1 In the event TxDOT designates the Facility or a portion of the Facility (a) for immediate use as an Emergency evacuation route or (b) as a route to respond to a disaster proclaimed by the Governor of Texas or his/her designee, TxDOT shall have the right to order immediate suspension of tolling of the Managed Lanes or any portion of the Managed Lanes. TxDOT shall have no liability to Developer for the loss of Toll Revenues or the increase in costs and expenses attributable to such order, provided that during any period for which tolling has been suspended, TxDOT:
Emergency Suspension of Tolls. (a) In addition to its rights granted pursuant to applicable Law, and the provisions of Section 12.02, the Department shall have the right, in its sole discretion, to order immediate suspension of tolling in the event the HOT Lanes are designated for immediate use as an emergency mass evacuation route. The Department shall have no liability to the Concessionaire for the loss of Toll Revenues or the increase in costs and expenses attributable to such an order issued pursuant to applicable Law by the Department or any other Governmental Authority; provided, that the Department: (i) concurrently suspends tolling on all other Department- operated tolled facilities that are located within the area designated for evacuation or facilitation of evacuation; (ii) concurrently orders suspension of tolling on all other tolled facilities operated by others within such area and over which the Department has the authority to order such suspension; and (iii) lifts such order over the Hot Lanes concurrently with the lifting of such order for all other designated tolled facilities. The Department will assist the Concessionaire in seeking any available reimbursement from the federal government for any lost Toll Revenues and expenses incurred during the emergency and for pursuing any applicable insurance coverage related thereto.
Emergency Suspension of Tolls. (a) In addition to its rights granted pursuant to applicable Law (but without limiting the Concessionaire’s rights in the event of the occurrence of a Delay Event or Compensation Event), and the provisions of Section 12.02, the Department shall have the right, in its sole discretion, to order immediate suspension of tolling in the event the HOT Lanes are designated for immediate use as an emergency mass evacuation route. The Department shall have no liability to the Concessionaire for the loss of Toll Revenues or the increase in costs and expenses attributable to such an order issued pursuant to applicable Law by the Department or any other Governmental Authority; provided, that the Department:
Emergency Suspension of Tolls. 3.6.1 In the event TxDOT designates the Project or a portion of the Project (a) for immediate use as an emergency evacuation route or (b) as a route to respond to a disaster proclaimed by the Governor of Texas or its designee, TxDOT shall have the right to order immediate suspension of tolling of the Managed Lanes or any portion of the Managed Lanes. Notwithstanding any other provision of this Agreement to the contrary, TxDOT shall have no liability to Developer for the loss of Toll Revenues or the increase in costs and expenses attributable to such order, except that if any one or more of Sections 3.6.1.1, 3.6.1.2 and 3.6.1.3 does not apply, TxDOT shall compensate Developer for the impact on Toll Revenues for the period that such order is in effect based on the daily average net Toll Revenues received during the comparable days and times over the shorter of (i) the six months immediately preceding the suspension or (ii) the period commencing on the applicable Service Commencement Date. Such compensation shall exclude Video Transaction Toll Premiums and shall be reduced by all avoided processing and collection fees, charges and costs, including Transaction fees and charges:
Emergency Suspension of Tolls. In the event that toll collection on the Project or a portion of the Project is suspended pursuant to Section 33.1-252 of the Code of Virginia (or under other comparable, applicable Law), the Concessionaire shall comply with such decision or order so long as it is in effect, and the Department shall have no liability to the Concessionaire for the loss of Gross Revenues or the increase in costs or expenses attributable to any such decision or order for the period of time it is in effect.
Emergency Suspension of Tolls. In the event that toll collection on the Project or a portion of the Project is suspended pursuant to Section 33.1-252 of the Code of Virginia (or under other comparable, applicable Law), the Concessionaire shall comply with such decision or order so long as it is in effect, and the Department shall have no liability to the Concessionaire for the loss of Gross Revenues or the increase in costs or expenses attributable to any such decision or order for the period of time it is in effect, provided that, for any such emergency suspension of toll collection which remains in effect for a period of 10 or more consecutive days, the Concessionaire shall be entitled to an adjustment in the PVR, as determined by the Department in its sole discretion.
