Common use of Violations Processing Services Clause in Contracts

Violations Processing Services. (i) The Department has implemented and maintains a processing system for the enforcement of penalties for toll violations in Virginia for electronic toll collection systems on State Highways. The Developer may, but is not obligated to, enter into an agreement with the Department to obtain the benefits of such enforcement system, in accordance with the Violation Processing Services Agreement in the form attached as Exhibit L. In consideration of such services, the Developer will pay the Department its customary charges for such services then in effect in accordance with the terms of the Violations Processing Services Agreement. For purposes of identifying and apprehending toll violators of the Project, provided it is authorized under Law, and any applicable agreements or arrangements, the Department will make available to the Developer the benefits of any agreements or arrangements which the Department has in place with other Commonwealth authorities or agencies that provide access to records in their possession relating to vehicle and vehicle owner data, and will coordinate with the Virginia State Police in accordance with Section 9.05(a) with respect to the provision of policing services, emergency services, traffic patrol and traffic law enforcement services on the Project. (ii) The Developer understands and agrees that, notwithstanding anything to the contrary in this Agreement or any other Project Agreement, the risk of enforcement and collection of tolls and related charges (including user fees and civil penalties and administrative fees) remains with the Developer, and that the Department does not, and will not be deemed to, guarantee collection or collectability of such tolls and related charges to the Developer or any other Person; provided, however, that the foregoing will not limit the Department’s obligations or duties under the Electronic Toll Collection Agreement or any other Project Agreement with the Developer.