Common use of Transponder Transactions Clause in Contracts

Transponder Transactions. (a) Before Developer transmits a Transaction to TxDOT’s CSC Host, Developer shall compare the transponder to the most recently updated version of the Consolidated Master List. If the transponder is listed as “Good” in the Consolidated Master List, Developer shall transmit the Transponder Transaction (for this purpose, determined to be a Transponder Transaction without reference to the sufficiency of funds in the applicable customer account) as required by the ICD, but if such Transponder Transaction is determined to be an Unpostable Transponder Transaction, then TxDOT shall, for TxDOT accounts, request from Developer video images and video data (as required by the ICD) within seven days of TxDOT’s receipt of the applicable Transponder Transaction (but without prejudice to the right of Developer to submit such video images at any time following the date on which the reclassification of the applicable Transponder Transaction to an Unpostable Transponder Transaction is included in a report provided for in Section 14(a), as provided in Section 8(e)). If Developer elects not to send such video images and video data with seven days following TxDOT’s request, and the Transaction is not postable, the Transaction will be adjusted as one not involving a Candidate Vehicle until such time as Developer resubmits the Transaction with the video images and video data. (b) If a Transponder Issuer (including TxDOT) rejects due to insufficient funds TxDOT’s settlement of a Transaction on the Project by the Transponder Issuer’s customer that was originally characterized as a Transponder Transaction (prior to such determination of insufficient funds), TxDOT will resubmit the Transaction for settlement consistent with TxDOT’s practices regarding customers of its own facilities prior to mailing a Video Transaction billing statement to the customer on account of the rejected transaction. TxDOT shall advise Developer, within seven days of such rejection, of any such Transaction that is rejected due to insufficient funds, unless funds shall become available for settlement pursuant to any such resubmission prior to the time TxDOT advises Developer of the initial rejection. For the avoidance of doubt, a Transaction that was originally characterized as a Transponder Transaction is automatically reclassified as a Video Transaction if both (i) the video image is available, and (ii) the account persists to have insufficient funds to pay the full toll for the Transaction through the Business Day prior to the Business Day on which TxDOT would mail a Video Transaction billing statement in accordance with TxDOT’s practices regarding customers of its own facilities. If the video image is unavailable and the account so persists to have insufficient funds, however, then the Transaction will be adjusted as one not involving a Candidate Vehicle unless and until such time as Developer resubmits the Transaction with video images and video data. (c) If a vehicle is associated with a transponder issued by TxDOT or by another Toll Operator or Transponder Issuer and associated with an account that is not closed at the time of transmission, but it is evident that a Transponder Transaction is not recorded because the transponder is not properly mounted or not properly functioning, TxDOT shall use reasonable efforts, in accordance with TxDOT’s practices regarding customers of its own facilities, to notify the account holder and rectify or cause to be rectified the problem with the transponder. (d) The Base Transaction Fees and Variable Transaction Fees [or Cost Plus Transaction Fee, as applicable,] are inclusive of any transaction fees and charges by other Toll Operators and Transponder Issuers, including TxDOT, in connection with account management and fund transfers for Transponder Transactions on the Project by their account holders (other than any interoperability fees required to be paid by Developer hereunder) and Developer shall not be responsible for any such additional charges or fees. (e) Following the execution of this Tolling Services Agreement and before the Cutover Date, Developer and TxDOT shall cooperate with each other to discuss whether there should be implemented any objective criteria, in addition to the requirements of the ICD, for the rejection of Transponder Transactions that may require further review by Developer before acceptance and processing by TxDOT. Neither party shall be obligated to accept such additional requirements.

Transponder Transactions. (a) Before Developer transmits a Transaction to TxDOT’s CSC Host, Developer shall compare the transponder to the most recently updated version of the Consolidated Master List. If the transponder is listed as “Good” in the Consolidated Master List, Developer shall transmit the Transponder Transaction (for this purpose, determined to be a Transponder Transaction without reference to the sufficiency of funds in the applicable customer account) as required by the ICD, but if such Transponder Transaction is determined to be an Unpostable Transponder Transaction, then TxDOT shall, for TxDOT accounts, request from Developer video images and video data (as required by the ICDICD and as contemplated herein) within seven days of TxDOT’s receipt of the applicable Transponder Transaction (but without prejudice to the right of Developer to submit such video images (as required by the ICD and as contemplated herein) at any time following the date on which the reclassification of the applicable Transponder Transaction to an Unpostable Transponder Transaction is included in a report provided for in Section 14(a), as provided in Section 8(e)). If Developer elects not to send such video images and video data with within seven days following TxDOT’s request, and the Transaction is not postable, the Transaction will be adjusted as one not involving a Candidate Vehicle until such time as Developer resubmits the Transaction with the video images and video data. (b) If a Transponder Issuer (including TxDOT) rejects due to insufficient funds TxDOT’s settlement of a Transaction on the Project Facility by the Transponder Issuer’s customer that was originally characterized as a Transponder Transaction (prior to such determination of insufficient funds), TxDOT will resubmit the Transaction for settlement consistent with TxDOT’s practices regarding customers of its own facilities prior to mailing a Video Transaction billing statement to the customer on account of the rejected transactionTransaction. TxDOT shall advise DeveloperDeveloper and request a video image and video data, within seven days of such rejection’TxDOT's receipt of the applicable Transponder Transaction, of with respect to any such Transaction that is rejected due to insufficient funds, unless funds shall become available for settlement pursuant to any such resubmission prior to not settled by the Transponder Issuer within that time TxDOT advises Developer of the initial rejectionframe. For the avoidance of doubt, a Transaction that was originally characterized as a Transponder Transaction is automatically reclassified as a Video Transaction if both (i) the video image is available, and (ii) the account persists to have insufficient funds to pay the full toll for the Transaction through the Business Day prior to the Business Day on which TxDOT would mail a Video Transaction billing statement in accordance with TxDOT’s practices regarding customers of its own facilities. If the video image is unavailable and the account so persists to have insufficient funds, however, then the Transaction will be adjusted as one not involving a Candidate Vehicle unless and until such time as Developer resubmits the Transaction with video images and video data. (c) If a vehicle is associated with a transponder issued by TxDOT or by another Toll Operator or Transponder Issuer and associated with an account that is not closed at the time of transmission, but it is evident that a Transponder Transaction is not recorded because the transponder is not properly mounted or not properly functioning, TxDOT shall use reasonable efforts, in accordance with TxDOT’s practices regarding customers of its own facilities, to notify the account holder and rectify or cause to be rectified the problem with the transponder. (d) The Base Transaction Fees and Variable Transaction Fees [or Cost Plus Transaction Fee, as applicable,] are inclusive of any transaction fees and charges by other Toll Operators and Transponder Issuers, including TxDOTNTTA, in connection with account management and fund transfers for Transponder Transactions on the Project Facility by their account holders (other than any interoperability fees required to be paid by Developer hereunder) and Developer shall not be responsible for any such additional charges or fees. (e) Following the execution of this Tolling Services Agreement and before the Cutover DateAgreement, Developer and TxDOT shall cooperate with each other to discuss whether there should be implemented any objective criteria, in addition to the requirements of the ICD, for the rejection of Transponder Transactions that may require further review by Developer before acceptance and processing by TxDOT. Neither party shall be obligated to accept such additional requirements.

Transponder Transactions. (a) Before Developer transmits a Transaction to TxDOT’s CSC Host, Developer shall compare the transponder to the most recently updated version of the Consolidated Master List. If the transponder is listed as “Good” in the Consolidated Master List, Developer shall transmit the Transponder Transaction (for this purpose, determined to be a Transponder Transaction without reference to the sufficiency of funds in the applicable customer account) as required by the ICD, but if such Transponder Transaction is determined to be an Unpostable Transponder Transaction, then TxDOT shall, for TxDOT accounts, request from Developer video images and video data (as required by the ICDICD and as contemplated herein) within seven days of TxDOT’s receipt of the applicable Transponder Transaction (but without prejudice to the right of Developer to submit such video images (as required by the ICD and as contemplated herein) at any time following the date on which the reclassification of the applicable Transponder Transaction to an Unpostable Transponder Transaction is included in a report provided for in Section 14(a), as provided in Section 8(e)). If Developer elects not to send such video images and video data with within seven days following TxDOT’s request, and the Transaction is not postable, the Transaction will be adjusted as one not involving a Candidate Vehicle until such time as Developer resubmits the Transaction with the video images and video data. (b) If a Transponder Issuer (including TxDOT) rejects due to insufficient funds TxDOT’s settlement of a Transaction on the Project Facility by the Transponder Issuer’s customer that was originally characterized as a Transponder Transaction (prior to such determination of insufficient funds), TxDOT will resubmit the Transaction for settlement consistent with TxDOT’s practices regarding customers of its own facilities prior to mailing a Video Transaction billing statement to the customer on account of the rejected transactionTransaction. TxDOT shall advise DeveloperDeveloper and request a video image and video data, within seven days of such rejection’TxDOT's receipt of the applicable Transponder Transaction, of with respect to any such Transaction that is rejected due to insufficient funds, unless funds shall become available for settlement pursuant to any such resubmission prior to not settled by the Transponder Issuer within that time TxDOT advises Developer of the initial rejectionframe. For the avoidance of doubt, a Transaction that was originally characterized as a Transponder Transaction is automatically reclassified as a Video Transaction if both (i) the video image is available, and (ii) either (A) the account persists to have insufficient funds to pay the full toll for the Transaction through the Business Day prior to the Business Day on which TxDOT would mail a Video Transaction billing statement in accordance with TxDOT’s practices regarding customers of its own facilities or (B) even though the account has sufficient funds, the Transponder Issuer (other than TxDOT) for any reason fails to transmit to TxDOT the full toll for the Transaction by the deadline by which it is obligated to do so under its interoperability protocols and agreements with TxDOT, and does not cure such failure prior to the Business Day on which TxDOT would mail a Video Transaction billing statement in accordance with TxDOT’s practices regarding customers of its own facilities. If the video image is unavailable and the account so persists to have insufficient fundsfunds or the Transponder Issuer so fails to transmit the full toll to TxDOT, however, then the Transaction will be adjusted as one not involving a Candidate Vehicle unless and until such time as Developer resubmits the Transaction with video images and video data. (c) If a vehicle is associated with a transponder issued by TxDOT or by another Toll Operator or Transponder Issuer and associated with an account that is not closed at the time of transmission, but it is evident that a Transponder Transaction is not recorded because the transponder is not properly mounted or not properly functioning, TxDOT shall use reasonable efforts, in accordance with TxDOT’s practices regarding customers of its own facilities, to notify the account holder and rectify or cause to be rectified the problem with the transponder. (d) The Base Transaction Fees and Variable Transaction Fees [or Cost Plus Transaction Fee, as applicable,] are inclusive of any transaction fees and charges by other Toll Operators and Transponder Issuers, including TxDOTNTTA, in connection with account management and fund transfers for Transponder Transactions on the Project Facility by their account holders (other than any interoperability fees required to be paid by Developer hereunder) and Developer shall not be responsible for any such additional charges or fees. (e) Following the execution of this Tolling Services Agreement and before the Cutover DateAgreement, Developer and TxDOT shall cooperate with each other to discuss whether there should be implemented any objective criteria, in addition to the requirements of the ICD, for the rejection of Transponder Transactions that may require further review by Developer before acceptance and processing by TxDOT. Neither party shall be obligated to accept such additional requirements.

Transponder Transactions. (a) Before Developer transmits a Transaction to TxDOT’s CSC Host, Developer shall compare the transponder to the most recently updated version of the Consolidated Master List. If the transponder is listed as “Good” in the Consolidated Master List, Developer shall transmit the Transponder Transaction (for this purpose, determined to be a Transponder Transaction without reference to the sufficiency of funds in the applicable customer account) as required by the ICD, but if such Transponder Transaction is determined to be an Unpostable Transponder Transaction, then TxDOT shall, for TxDOT accounts, request from Developer video images and video data (as required by the ICDICD and as contemplated herein) within seven days of TxDOT’s receipt of the applicable Transponder Transaction (but without prejudice to the right of Developer to submit such video images (as required by the ICD and as contemplated herein) at any time following the date on which the reclassification of the applicable Transponder Transaction to an Unpostable Transponder Transaction is included in a report provided for in Section 14(a), as provided in Section 8(e)). If Developer elects not to send such video images and video data with within seven days following TxDOT’s request, and the Transaction is not postable, the Transaction will be adjusted as one not involving a Candidate Vehicle until such time as Developer resubmits the Transaction with the video images and video data. (b) If a Transponder Issuer (including TxDOT) rejects due to insufficient funds TxDOT’s settlement of a Transaction on the Project by the Transponder Issuer’s customer that was originally characterized as a Transponder Transaction (prior to such determination of insufficient funds), TxDOT will resubmit the Transaction for settlement consistent with TxDOT’s practices regarding customers of its own facilities prior to mailing a Video Transaction billing statement to the customer on account of the rejected transactionTransaction. TxDOT shall advise DeveloperDeveloper and request a video image and video data, within seven days of such rejectionTxDOT’s receipt of the applicable Transponder Transaction, of with respect to any such Transaction that is rejected due to insufficient funds, unless funds shall become available for settlement pursuant to any such resubmission prior to not settled by the Transponder Issuer within that time TxDOT advises Developer of the initial rejectionframe. For the avoidance of doubt, a Transaction that was originally characterized as a Transponder Transaction is automatically reclassified as a Video Transaction if both (i) the video image is available, and (ii) the account persists to have insufficient funds to pay the full toll for the Transaction through the Business Day prior to the Business Day on which TxDOT would mail a Video Transaction billing statement in accordance with TxDOT’s practices regarding customers of its own facilities. If the video image is unavailable and the account so persists to have insufficient funds, however, then the Transaction will be adjusted as one not involving a Candidate Vehicle unless and until such time as Developer resubmits the Transaction with video images and video data. (c) If a vehicle is associated with a transponder issued by TxDOT or by another Toll Operator or Transponder Issuer and associated with an account that is not closed at the time of transmission, but it is evident that a Transponder Transaction is not recorded because the transponder is not properly mounted or not properly functioning, TxDOT shall use reasonable efforts, in accordance with TxDOT’s practices regarding customers of its own facilities, to notify the account holder and rectify or cause to be rectified the problem with the transponder. (d) The Base Transaction Fees and Variable Transaction Fees [or Cost Plus Transaction Fee, as applicable,] are inclusive of any transaction fees and charges by other Toll Operators and Transponder Issuers, including TxDOTNTTA, in connection with account management and fund transfers for Transponder Transactions on the Project by their account holders (other than any interoperability fees required to be paid by Developer hereunder) and Developer shall not be responsible for any such additional charges or fees. (e) Following the execution of this Tolling Services Agreement and before the Cutover Date, Developer and TxDOT shall cooperate with each other to discuss whether there should be implemented any objective criteria, in addition to the requirements of the ICD, for the rejection of Transponder Transactions that may require further review by Developer before acceptance and processing by TxDOT. Neither party shall be obligated to accept such additional requirements.