– Independent Systems. (a) The Participant operates or will operate an ETC System which is independent of but compatible with the VDOT E-ZPass ETC System and reads the same or E-ZPass-approved compatible type of transponder, and the Participant agrees that its ETC System will provide ETC transaction data in the format required by VDOT. The Participant agrees to purchase readers, antennas and other tolling hardware necessary to comply with the E-ZPass Reciprocity Agreement from vendors approved by VDOT.
– Independent Systems. The mechanical, electrical (including escalators and elevators), plumbing, condenser water and cooling tower, sanitary, sprinkler, smoke purge and life safety and other service systems (or the applicable portions thereof) servicing the Music Hall and not other portions of the Buildings, it being understood that (i) the domestic cold water system serving the Music Hall, (ii) the soil lines serving the Music Hall, (iii) the electrical system servicing the Music Hall, (iv) the steam system serving the Music Hall, (v) the smoke purge system serving the Music Hall, (vi) the sprinkler system serving the Music Hall, (vii) the Class E system serving the Music Hall and (viii) the gas line serving the Music Hall shall all be deemed to be Independent Systems. Interest Rate: 2% above the Base Rate, but not less than 12% per annum. Lessor: A lessor under a Superior Lease.
– Independent Systems. (a) The Participant operates an ETC system which is independent of, but compatible with, the VDOT system and uses the same type of transponder or otherwise as described in the Addendum.
– Independent Systems. The Participant operates an ETC system which is independent of but compatible with the VDOT system and uses the same type of transponder. The Participant shall be responsible for ensuring that its ETC system provides ETC transaction data in the format required by the CSC. VDOT shall provide data formats, documentation, interface requirements and any other necessary design information to the Participant in a timely manner and at no additional cost to the Participant. Transaction processing problems which arise from the Participant not meeting these requirements shall be resolved at the direction of VDOT on a time plus materials basis. This information is subject to change with reasonable notice from VDOT. Participant will be required to conform to the new interface requirements at no cost to VDOT or Participant may elect to not install new interface requirements and withdraw from the ETC Agreement. VDOT and the Participant shall each continue to be responsible for the maintenance, repair, and operation of all necessary lane and computer equipment for their respective ETC systems. Specifically, the Participant shall be responsible for the maintenance, repair and operation of all necessary lane and computer equipment for its ETC system through and including its host computer. In no event shall VDOT have any liability to the Participant for any losses suffered due to equipment failure or error in the Participant’s ETC system from the lane level through the Participant’s host computer. VDOT shall be responsible for the maintenance, repair and operation of its ETC system commencing from the Participant’s host router and extending through and including telephone lines, routers, black boxes and the CSC. Should VDOT’s failure to properly maintain, repair and operate its ETC system and the CSC cause a loss of revenue to the Participant, VDOT shall reimburse the Participant therefor and for Participant’s direct costs associated therewith within 14 days after the Participant shall have given VDOT written notice. Such written notice shall include adequate and detailed documentation of such lost revenues and costs. Neither party shall have any liability to the other party for consequential damages.
