Concessionaire Obligation to Manage and Operate. (a) At all times during the Term, the Concessionaire shall cause the Project to be managed, maintained and operated in accordance with all applicable Law, all Governmental Approvals, the terms, conditions and standards set forth in this Agreement, including the operations and maintenance requirements set forth in the Technical Requirements, and in accordance with Good Industry Practice. Without limiting the foregoing, the Concessionaire agrees to be responsible for the following, at its sole cost and expense: (i) the management and control of traffic on the Project, including incident response services and temporary partial or full closures of the Project, subject to the Department’s rights to assume control as expressly provided in this Agreement; (ii) the maintenance and repair of the Project and all systems and components thereof, including the ETTM System, which the Concessionaire may upgrade, modify, change and replace, as applicable, in accordance with this Agreement and the operations and maintenance requirements set forth in the Technical Requirements; (iii) the operation of the Project, the ETTM Facilities and the ETTM System and otherwise carrying out the collection and enforcement of tolls and other incidental charges respecting the Project; (iv) the maintenance, compliance with and renewal of Governmental Approvals necessary and incidental to the foregoing activities; and (v) traffic management, and maintenance and repair responsibilities under Section 9.03(a) in accordance with the Technical Requirements.
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