Common use of USDOT Reporting Requirements Clause in Contracts

USDOT Reporting Requirements. (a) The Concessionaire agrees to collect and provide to the Department data and other information regarding the Project and prepare reports regarding the Project (i) required to be provided by the Department to the USDOT in relation to the TIFIA Credit Assistance, TIGER Credit Assistance, or other financing program or (ii) deemed necessary by the Department to satisfy the Department’s reporting obligations under the TIFIA Credit Assistance, TIGER Credit Assistance, FASTLANE grants related to the Department’s Atlantic Gateway Project or other financing program. (b) Upon receiving prior notice from the Department, the Concessionaire will provide the data, information and reports that it is required to provide and prepare pursuant to Section 5.10(a) to the Department at least 30 Days prior to the date on which the Department is required to submit the same to the USDOT. (c) If the Concessionaire enters into one or more agreements with the USDOT in connection with the TIFIA Credit Assistance, TIGER Credit Assistance, or other financing program, the Concessionaire agrees to provide the Department with executed versions of such agreements together with any agreements or instruments evidencing or securing the Concessionaire’s obligations thereunder, including any collateral pledge agreements. In Exhibit G, the Department is providing the Concessionaire with a listing of the reports, notices and other filings, copies of which are to be provided to the Department concurrently with the Concessionaire’s delivery (or receipt) thereof. The Concessionaire agrees to provide the Department with copies of such reports, notices and other filings made under such agreements as are requested by the Department pursuant to the preceding sentence; provided however, that the Concessionaire, in its reasonable discretion, may determine not to provide the Department with reports, notices, and filings that it believes are not germane to the Project and the Department. The Concessionaire will provide within ten days after its receipt of a request by the Department, its rationale for not providing a report, notice, or other filing requested by the Department pursuant to this Section 5.10(c). (d) If the Concessionaire enters into a Project Financing Agreement with the Collateral Agent that provides for the collection and distribution of Gross Revenues, the Concessionaire agrees to provide to the Department, as soon as reasonably practicable after the Concessionaire’s actual receipt of the same, a copy of: any written notice of resignation or removal of the Collateral Agent; any written notice of the appointment of a successor Collateral Agent; any written notice of any merger of the Collateral Agent; any written notice of any transfer by the Collateral Agent of its rights under the Project Financing Agreements to an affiliate; and any written notice of any change in any Depositary or deposit account bank.

USDOT Reporting Requirements. (a) The Concessionaire agrees to collect and provide to the Department data and other information regarding the Project and prepare reports regarding the Project (i) required to be provided by the Department to the USDOT in relation to the TIFIA Credit Assistance, TIGER Credit Assistance, Assistance or other financing program or (ii) deemed necessary by the Department to satisfy the Department’s reporting obligations under the TIFIA Credit Assistance, TIGER Credit Assistance, FASTLANE grants related to the Department’s Atlantic Gateway Project or other financing program. (b) Upon receiving prior notice from the Department, the Concessionaire will provide the data, information and reports that it is required to provide and prepare pursuant to Section 5.10(a) to the Department at least 30 Days prior to the date on which the Department is required to submit the same to the USDOT. (c) If the Concessionaire enters into one or more agreements with the USDOT in connection with the TIFIA Credit Assistance, TIGER Credit Assistance, Assistance or other financing program, the Concessionaire agrees to provide the Department with executed versions of such agreements together with any agreements or instruments evidencing or securing the Concessionaire’s obligations thereunder, including any collateral pledge agreements. In Exhibit G, the Department is providing the Concessionaire with a listing of the reports, notices and other filings, copies of which are to be provided to the Department concurrently with the Concessionaire’s delivery (or receipt) thereof. The Concessionaire agrees to provide the Department with copies of such reports, notices and other filings made under such agreements as are requested by the Department pursuant to the preceding sentence; provided however, that the Concessionaire, in its reasonable discretion, may determine not to provide the Department with reports, notices, notices and filings that it believes are not germane to the Project and the Department. The Concessionaire will provide within ten days after its receipt of a request by the Department, its rationale for not providing a report, notice, or other filing requested by the Department pursuant to this Section 5.10(c). (d) If the Concessionaire enters into a Project Financing Agreement with the Collateral Agent that provides for the collection and distribution of Gross Revenues, the Concessionaire agrees to provide to the Department, as soon as reasonably practicable after the Concessionaire’s actual receipt of the same, a copy of: any written notice of resignation or removal of the Collateral Agent; any written notice of the appointment of a successor Collateral Agent; any written notice of any merger of the Collateral Agent; any written notice of any transfer by the Collateral Agent of its rights under the Project Financing Agreements to an affiliate; and any written notice of any change in any Depositary or deposit account bank.