NTTA Clause Samples
NTTA. 8.2.2.1 Developer warrants and represents that (a) on the Effective Date it and NTTA entered into the NTTA Tolling Services Agreement for customer service and other toll collection and enforcement services for the Facility, (b) on the Effective Date it delivered to TxDOT a true and complete copy of the NTTA Tolling Services Agreement, (c) as of the Effective Date the NTTA Tolling Services Agreement was duly executed and delivered by Developer and is in full force and effect as to Developer, and (d) from December 10, 2007 through the Effective Date, it has not had any communications with the NTTA regarding the Facility, including the procurement and services potentially to be provided by NTTA, except as expressly authorized by and in accordance with the procedures set forth in Section 2.2.3 of Volume I of the RFP (Instructions to Proposers).
8.2.2.2 Developer shall provide TxDOT with at least five Business Days advance written notice of all meetings and negotiations between Developer and NTTA concerning (a) extensions of, amendments, supplements and revisions to the NTTA Tolling Services Agreement and (b) any other proposed agreement providing for NTTA to furnish customer service and other toll collection and enforcement services, or other services of any kind, for the Facility. TxDOT shall be afforded an opportunity to attend, observe and participate in such meetings and negotiations.
8.2.2.3 Amendments, supplements and revisions to the NTTA Tolling Services Agreement shall be subject to the following TxDOT rights of consent.
(a) Regardless of whether TxDOT is obligated to assist Developer with stepping in or intervening as provided in Section 8.7.5 or 8.7.6, amendments, supplements and revisions to any provision of the NTTA Tolling Services Agreement (i) that expressly require a consent or approval of TxDOT or state specific rights in favor of TxDOT shall be subject to TxDOT prior written approval in its sole discretion, or (ii) that pertains to performance security provided by or on behalf of the NTTA shall be subject to TxDOT's prior reasonable written approval.
(b) So long as TxDOT is obligated to assist Developer with stepping in or intervening as provided in Section 8.7.5 or Section 8.7.6, any amendment, supplement and revision to the NTTA Tolling Services Agreement that pertains to Developer’s right to step in or intervene to take over interim performance of NTTA’s obligations thereunder shall be subject to TxDOT prior written approval in its sole d...
NTTA. 8.2.2.1 Developer warrants and represents that (a) on the Effective Date it and NTTA entered into the NTTA Tolling Services Agreement for customer service and other toll collection and enforcement services for the Project, (b) on the Effective Date it delivered to
8.2.2.2 Developer shall provide TxDOT with at least five Business Days advance written notice of all meetings and negotiations between Developer and NTTA concerning (a) extensions of, amendments, supplements and revisions to the NTTA Tolling Services Agreement and (b) any other proposed agreement providing for NTTA to furnish customer service and other toll collection and enforcement services, or other services of any kind, for the Project. Developer consents to TxDOT’s attendance, observance and participation in such meetings and negotiations. Any changes to the performance security requirements under the NTTA Tolling Services Agreement, including any substitute performance security in lieu of the letter of credit and/or cash account provided for therein, is subject to TxDOT’s prior written approval.
8.2.2.3 Developer shall deliver to TxDOT, within five days after executed, delivered or received by Developer, true and complete copies of all agreements, revisions, amendments, supplements and other material documentation relating to the NTTA Tolling Services Agreement or any other agreement providing for NTTA to furnish customer service and other toll collection and enforcement services, or other services of any kind, for the Project.
NTTA. 8.2.2.1 Developer warrants and represents that (a) on the Effective Date it and NTTA entered into the NTTA Tolling Services Agreement for customer service and other toll collection and enforcement services for the Project, (b) on the Effective Date it delivered to TxDOT a true and complete copy of the NTTA Tolling Services Agreement, (c) as of the Effective Date the NTTA Tolling Services Agreement was duly executed and delivered by Developer and is in full force and effect as to Developer and (d) from December 21, 2006 through the Effective Date, it has not had any communications with NTTA regarding the Project, including the procurement and services potentially to be provided by NTTA, except as expressly authorized by and in accordance with the procedures set forth in Section 2.2.3 of Volume 1 of the RFP (Instructions to Proposers).
8.2.2.2 Developer shall provide TxDOT with at least five Business Days advance written notice of all meetings and negotiations between Developer and NTTA concerning (a) extensions of, amendments, supplements and revisions to the NTTA Tolling Services Agreement and (b) any other proposed agreement providing for NTTA to furnish customer service and other toll collection and enforcement services, or other services of any kind, for the Project. Developer consents to TxDOT’s attendance, observance and participation in such meetings and negotiations. Any changes to the performance security requirements under the NTTA Tolling Services Agreement, including any substitute performance security in lieu of the letter of credit and/or cash account provided for therein, is subject to TxDOT’s prior written approval.
8.2.2.3 Developer shall deliver to TxDOT, within five days after executed, delivered or received by Developer, true and complete copies of all agreements, revisions, amendments, supplements and other material documentation relating to the NTTA Tolling Services Agreement or any other agreement providing for NTTA to furnish customer service and other toll collection and enforcement services, or other services of any kind, for the Project.