Common use of Incidental Charges Clause in Contracts

Incidental Charges. The foregoing authorization to establish, impose, charge, collect, use and enforce the collection and payment of tolls includes the right, to the extent permitted by Law, and subject to the requirement to be interoperable with E-ZPass (and any successor to E-ZPass utilized on State Highways at that time) as set forth in Section 5.01(e), to impose, charge, collect, use and enforce, with respect to electronic tolling accounts managed by or on behalf of the Developer, the following incidental charges, provided, that the amount of any such incidental charges will not exceed the amount reasonably necessary for the Developer to recover its Allocable Costs directly incurred with respect to the items, services and work for which they are levied:‌ (i) except to the extent that such services are provided by the Department pursuant to the Electronic Toll Collection Agreement, reasonable administrative fees for account maintenance, account statements and customer service not to exceed $24 per year per account and may increase by CPI in subsequent years; (ii) except to the extent that such services are provided by the Department pursuant to the Electronic Toll Collection Agreement, reasonable amounts for the purchase or rental of transponders or other electronic tolling devices not to exceed 110% of the device cost; (iii) except to the extent that such services are provided by the Department pursuant to the Electronic Toll Collection Agreement, reasonable, refundable security deposits for the distribution of transponders or other electronic toll devices not to exceed 110% of the device cost; (iv) except to the extent that such services are provided by the Department pursuant to the Electronic Toll Collection Agreement, reasonable video surcharges or other reasonable fees for non-permitted travel on the Express Lanes provided the person proactively makes toll payment within five days for travel on the Express Lanes by vehicles that are not equipped with a transponder or other available equipment allowing the processing of the applicable tolls through E-ZPass (or any successor to E-ZPass utilized on State Highways at that time) not to exceed $1.50 per trip in 2017 and may increase by CPI in subsequent years; and (v) fees, penalties and interest for toll violations, including costs of collection in accordance with Law, shall be closely related to the actual cost to support the Developer’s violation program. The Developer’s basis for fees shall be provided to the Department for review. Except to the extent such fees and charges are covered in the Electronic Toll Collection Agreement, the Developer may apply incidental charges set forth in this Section 5.01(d) to any Permitted Vehicles other than Exempt Vehicles.

Incidental Charges. The foregoing authorization to establish, impose, charge, collect, use and enforce the collection and payment of tolls includes the right, to the extent permitted by Law, and subject to the requirement to be interoperable with E-ZPass (and any successor to E-ZPass utilized on State Highways at that time) as set forth in Section 5.01(e), to impose, charge, collect, use and enforce, with respect to electronic tolling accounts managed by or on behalf of the Developer, the following incidental charges, provided, that the amount of any such incidental charges will not exceed the amount reasonably necessary for the Developer to recover its Allocable Costs directly incurred with respect to the items, services and work for which they are levied:‌ (i) except to the extent that such services are provided by the Department pursuant to the Electronic Toll Collection Agreement, reasonable administrative fees for account maintenance, account statements and customer service not to exceed $24 per year per account and may increase by CPI in subsequent years; (ii) except to the extent that such services are provided by the Department pursuant to the Electronic Toll Collection Agreement, reasonable amounts for the purchase or rental of transponders or other electronic tolling devices not to exceed 110% of the device cost; (iii) except to the extent that such services are provided by the Department pursuant to the Electronic Toll Collection Agreement, reasonable, refundable security deposits for the distribution of transponders or other electronic toll devices not to exceed 110% of the device cost; (iv) except to the extent that such services are provided by the Department pursuant to the Electronic Toll Collection Agreement, reasonable video surcharges or other reasonable fees for non-permitted travel on the Express Lanes provided the person proactively makes toll payment within five days for travel on the Express Lanes by vehicles that are not equipped with a transponder or other available equipment allowing the processing of the applicable tolls through E-ZPass (or any successor to E-ZPass utilized on State Highways at that time) not to exceed $1.50 per trip in 2017 and may increase by CPI in subsequent years; and (v) fees, penalties and interest for toll violations, including costs of collection in accordance with Law, shall be closely related to the actual cost to support the Developer’s violation program. The Developer’s basis for fees shall be provided to the Department for review. Except to the extent such fees and charges are covered in the Electronic Toll Collection Agreement, the Developer may apply incidental charges set forth in this Section 5.01(d) to any Permitted Vehicles other than Exempt Vehicles.

Incidental Charges. The foregoing authorization to establish, impose, charge, collect, use and enforce the collection and payment of tolls includes the right, to the extent permitted by Law, and subject to the requirement to be interoperable with E-ZPass (and any successor to E-ZPass utilized on State Highways at that time) as set forth in Section 5.01(e), to impose, charge, collect, use and enforce, with respect to electronic tolling accounts managed by or on behalf of the Developer, the following incidental charges, provided, that the amount of any such incidental charges will not exceed the amount reasonably necessary for the Developer to to‌ recover its Allocable Costs directly incurred with respect to the items, services and work for which they are levied:‌levied: (i) except to the extent that such services are provided by the Department pursuant to the Electronic Toll Collection Agreement, reasonable administrative fees for account maintenance, account statements and customer service not to exceed $24 per year per account and may increase by CPI in subsequent years; (ii) except to the extent that such services are provided by the Department pursuant to the Electronic Toll Collection Agreement, reasonable amounts for the purchase or rental of transponders or other electronic tolling devices not to exceed 110% of the device cost; (iii) except to the extent that such services are provided by the Department pursuant to the Electronic Toll Collection Agreement, reasonable, refundable security deposits for the distribution of transponders or other electronic toll devices not to exceed 110% of the device cost; (iv) except to the extent that such services are provided by the Department pursuant to the Electronic Toll Collection Agreement, reasonable video surcharges or other reasonable fees for non-permitted travel on the Express Lanes provided the person proactively makes toll payment within five days for travel on the Express Lanes by vehicles that are not equipped with a transponder or other available equipment allowing the processing of the applicable tolls through E-ZPass (or any successor to E-ZPass utilized on State Highways at that time) not to exceed $1.50 per trip in 2017 and may increase by CPI in subsequent years; and (v) fees, penalties and interest for toll violations, including costs of collection in accordance with Law, shall be closely related to the actual cost to support the Developer’s violation program. The Developer’s basis for fees shall be provided to the Department for review. Except to the extent such fees and charges are covered in the Electronic Toll Collection Agreement, the Developer may apply incidental charges set forth in this Section 5.01(d) to any Permitted Vehicles other than Exempt Vehicles.

Incidental Charges. The foregoing authorization to establish, impose, charge, collect, use and enforce the collection and payment of tolls includes the right, to the extent permitted by Law, and subject to the requirement to be interoperable with E-ZPass (and any successor to E-ZPass utilized on State Highways at that time) as set forth in Section 5.01(e), to impose, charge, collect, use and enforce, with respect to electronic tolling accounts managed by or on behalf of the Developer, the following incidental charges, provided, that the amount of any such incidental charges will not exceed the amount reasonably necessary for the Developer to recover its Allocable Costs directly incurred with respect to the items, services and work for which they are levied:‌levied: (i) except to the extent that such services are provided by the Department pursuant to the Electronic Toll Collection Agreement, reasonable administrative fees for account maintenance, account statements and customer service not to exceed $24 per year per account and may increase by CPI in subsequent years; (ii) except to the extent that such services are provided by the Department pursuant to the Electronic Toll Collection Agreement, reasonable amounts for the purchase or rental of transponders or other electronic tolling devices not to exceed 110% of the device cost; (iii) except to the extent that such services are provided by the Department pursuant to the Electronic Toll Collection Agreement, reasonable, refundable security deposits for the distribution of transponders or other electronic toll devices not to exceed 110% of the device cost; (iv) except to the extent that such services are provided by the Department pursuant to the Electronic Toll Collection Agreement, reasonable video surcharges or other reasonable fees for non-permitted travel on the Express Lanes provided the person proactively makes toll payment within five days for travel on the Express Lanes by vehicles that are not equipped with a transponder or other available equipment allowing the processing of the applicable tolls through E-ZPass (or any successor to E-ZPass utilized on State Highways at that time) not to exceed $1.50 per trip in 2017 and may increase by CPI in subsequent years; and (v) fees, penalties and interest for toll violations, including costs of collection in accordance with Law, shall be closely related to the actual cost to support the Developer’s violation program. The Developer’s basis for fees shall be provided to the Department for review. Except to the extent such fees and charges are covered in the Electronic Toll Collection Agreement, the Developer may apply incidental charges set forth in this Section 5.01(d) to any Permitted Vehicles other than Exempt Vehicles.