Common use of Toll Rates Clause in Contracts

Toll Rates. The Section Developer shall be responsible for setting and calculating the Toll Rate applicable to each vehicle in the Priced Managed Lanes in the State. There shall be no restrictions on the Base Toll Rate except as set forth in Appendix 2 (Toll Rate Setting). The Section Developer shall, at all times, set the Base Toll Rate and operate the Priced Managed Lanes in compliance with the provisions of applicable law (including, if the lanes are operating as High-Occupancy Toll (HOT) lanes, 23 U.S.C. §166) and ensure that the average speed of travel on the Priced Managed Lanes is 45 mph or greater, provided that the Section Developer shall not be in breach of this provision to the extent that required operating speeds were not met on any part of the Section at times when that part of the Section is operating at a Base Toll Rate set at the Toll Rate Range Maximum.1 In the event (i) there is the occurrence of certain minimum traffic conditions or average speeds to be defined in the Tolling Services Agreement, (ii) the Section Developer is unable to comply with the requirements set out in the above paragraph, or (iii) either party reasonably believes that the Section Developer will be unable to comply with the requirements set out in the above paragraph within the next [] years, then the Section Developer, MDOT, and MDTA shall consult with respect to possible methods of improving the performance of the Priced Managed Lanes, including: increasing the occupancy requirement for HOVs, making changes to the Permitted Vehicles, increasing the capacity of the facility, or increasing the Toll Rate Range Maximum; provided that MDTA gives no commitment to implement such changes and shall be under no obligation to take any action relating to the same. 1 NTD: These provisions may ultimately be located in the Section P3 Agreement, rather than the TSA. Toll Rates for Trips that are not Transponder Transactions will be calculated by MDTA based on the Trip Toll provided by the Section Developer, by applying the non-transponder multiplier or fees set by the MDTA Board to the applicable Transponder rate determined by the Section Developer. Any associated fees/penalties assessed for non-transponder transactions with the collection or enforcement of tolls shall be set and collected by MDTA.