Common use of Review of Tolling Products, Tolling Product Fee and other User Charges Clause in Contracts

Review of Tolling Products, Tolling Product Fee and other User Charges. (a) State Toll Co may: (i) for the purposes of the review conducted by the State and State Toll Co under clause 4.9 of this Deed; and (ii) from time to time, propose to the State: (iii) retail tolling products and associated Tolling Product Fees; (iv) changes to the tolling strategy; and (v) other User Charges associated with usage of the Tollway. (b) Retail tolling products, Tolling Product Fees and other User Charges proposed by State Toll Co are to: (i) be based on consumer needs including for Customers and Interoperable Users; (ii) reflect developments in technology and the nature and manner of operation of the Toll Collection Capability; and/or (iii) be designed to be similar in nature to those offered by other Toll Road Service Providers at the time. (c) The State and State Toll Co will negotiate in good faith to agree the nature and terms of any retail tolling products, Tolling Product Fees and other User Charges or change in tolling strategy proposed by State Toll Co, and consequential changes to this Deed. (d) Tolling Product Fees and other User Charges proposed by State Toll Co: (i) are to be calculated on the basis of cost recovery having regard to the actual costs to State Toll Co (in the case of Tolling Product Fees associated with providing the relevant retail tolling product); and (ii) may be indexed annually by reference to CPI.