GENERAL CONDITIONS

1. Failure to comply with this Agreement may result in termination of your Account.
   
2. You may not assign the obligations or benefits of this Agreement to anyone else.
   
3. Failure to pay Account charges may result in penalties as provided by law.
   
4. You must approach and pass through dedicated E-ZPass^® toll lanes at the posted speed limit. Failure to obey the posted speed limit may result in suspension or revocation of your Account.
   
5. You must come to a complete stop at staffed tollbooths and only proceed on a green signal unless otherwise directed, even if your vehicle is equipped with an E-ZPass^®
   
6. You must comply with all applicable traffic laws, regulations, signs, signals, and directions of toll collectors and law enforcement officers.

TRANSPONDER USE

1. Transponder Deposit. Cash or check customers must pay a deposit of $10 for each Transponder. The deposit will be refunded when you close your Account and return the Transponder unaltered and in good working condition as determined solely by E-ZPass^®. The Transponder deposit is waived for customers who authorize Account replenishment via automatic charge to a credit card.
   
2. You may use the Transponder only on the vehicle(s) specifically listed on your Application.
   
3. In accordance with the section titled "Violations" included herein, you must surrender the Transponder immediately upon request.
   
4. When you use the Transponder at any E-ZPass^® facility, you authorize E-ZPass^® to debit your Account for such use.
   
5. If you use the Transponder on E-ZPass^® facilities other than E-ZPass^® facilities in Maryland, you are subject to the laws and regulations governing such use.
   
6. You must maintain a sufficient balance in your Account, and may not use the Transponder or permit its use by others unless a sufficient balance is maintained.

YOUR ACCOUNT

1. You may have only four Transponders on your Individual Account. If at any time you increase the amount of Transponders to five or more, your Account will be changed to a Business Account. In the event that your Account is changed to a Business Account, you will be governed by the Business Account - Terms and Conditions.
   
2. You must maintain an advance toll payment in your Account to cover applicable charges to your Account. Applicable charges, if any, will be deducted from your Account each time the Transponder is used. E-ZPass^® also will deduct from your Account applicable administrative fees incurred pursuant to this Agreement.
   
3. No interest will be paid on balances in your Account or on refundable Transponder deposits.
   
4. If you choose, as indicated on the application, you may receive a periodic statement unless there are no transactions and no financial activity in your Account during the applicable period covered by such statement.
   
5. You may be charged a fee for any request to retrieve a statement that is more than 90 days old.
   
6. Administrative fees may be billed directly to your Account. You may contest the imposition of charges or administrative fees only in writing to the E-ZPass^® Service Center. Such challenge must be made within 180 days from the date of the transaction.
   
7. If you are a credit-card customer, and for any reason your account is changed to a cash/check customer, E-ZPass^® will charge your account a $10 Transponder deposit for each Transponder on your account.

ADVANCE TOLL PAYMENT

1. You must pay a minimum advance toll payment sufficient to pay Account charges for a one-month period.
   
2. Your Account will be replenished by this amount when your Account balance decreases to or falls below the minimum required replenishment amount specific to the Account plan you selected. You may choose to replenish your Account in one of the following ways:
   1. By authorizing E-ZPass^® to charge your credit card automatically for all charges to your Account.
      
   2. By mailing checks (or Money Orders) made payable to E-ZPass^®. A returned check fee of $25 will be charged for each check returned to E-ZPass^® unpaid by your bank.
      
   3. By making cash payments in U.S. dollars at an E-ZPass^® Service Center. DO NOT SEND CASH BY MAIL.
      
3. E-ZPass^® will perform an Account analysis on all new Accounts 35 days from the first Transponder use and every 90 days thereafter. If your monthly use is consistently above or below your advance toll payment replenishment amount, E-ZPass^® will adjust your replenishment amount to approximate one-month’s level of use.
   
4. Depending on usage or other charges to your Account, there may be more than one replenishment transaction in one statement period.

VIOLATIONS

1. If you use the Transponder when your Account is in a negative balance, has been suspended or revoked, or after the Transponder has been reported lost or stolen, you may incur an administrative fee of $15 for each violation; be assessed civil penalties allowed by law for each violation; be charged the full undiscounted charge; and/or be asked to surrender the Transponder to E-ZPass^® via certified mail or to toll plaza personnel.
   
2. If you use the Transponder in a vehicle other than one that is listed on your Individual Account Application, you may incur an administrative fee of $15 for each violation; be assessed civil penalties allowed by law for each violation; and/or be asked to surrender the Transponder to E-ZPass^® via certified mail or to plaza personnel. Continued misuse may result in revocation of your Account, and your Account will be closed and your privileges revoked.
   
3. If you attempt to use a Transponder without properly attaching it to your vehicle, you may incur an administrative fee of $15 for each violation; and be assessed civil penalties allowed by law for each violation.
   
4. If your account is suspended for speeding through E-ZPass^® lanes and you continue to use your Transponder(s) after you have been notified, you may incur an administrative fee of $15 for each occurrence; and be assessed civil penalties allowed by law for each violation.
   
5. The Authority may instruct the Motor Vehicle Administration to suspend or not to renew the motor vehicle registration for non-payment or chronic violations.
   
6. Administrative fees may be billed directly to your account. You may contest the imposition of said administrative fees only in writing to the E-ZPass^® Service Center. If the fee is rescinded, your account will be credited the amount of the rescinded fee.

LOST/STOLEN OR DEFECTIVE TRANSPONDERS

You will not be liable for unauthorized Transponder use that occurs after you notify E-ZPass^®, orally or in writing, of loss, theft or possible unauthorized use. However, for the replacement of a lost, stolen, defaced or damaged Transponder, you will be charged $24.60 for an interior Transponder. If the Transponder fails to operate for reasons other than abuse or improper use, and the Transponder is returned to the E-ZPass^® Service Center, E-ZPass^® will replace it at no charge.

DISCLAIMER

You acknowledge that E-ZPass^® and all entities providing E-ZPass^® services have not made, and expressly disclaim any representation or warranty, expressed or implied, relating to the Transponder including, without limitation, any implied or expressed warranty of merchantability, fitness for a particular purpose or conformity to models or samples. You agree that E-ZPass^® and all entities providing E-ZPass^® services will have no obligation or liability whatsoever to you with respect to your use or the performance of the Transponder. You agree to indemnify and hold harmless E-ZPass^® and all entities providing E-ZPass^® services from and against all damage, loss, cost, expense or liability relating to, arising from, or as a result of, the use or performance of the Transponder.

TERMINATION

You may terminate this Agreement at any time by returning the Transponder to E-ZPass^®. Transponders should be returned to an E-ZPass^® Service Center in person or by certified mail. Transponders remain the property of E-ZPass^®. Upon termination and return of the Transponder(s), your Account balance and Transponder(s) deposit, if any, will be returned to you. All outstanding charges will be deducted prior to such refund. Commuter plans are not eligible for refunds.

COLLECTION OF EXPENSES

You agree to pay all costs, including attorneys’ fees, incurred by E-ZPass^® and all entities providing E-ZPass^® services to collect any funds due under the terms of this Agreement.

MODIFICATIONS

E-ZPass^® may change the terms of this Agreement at any time by advance written notice. You agree to new terms when you use the Transponder after the effective date of the new term(s). The invalidity of any term or terms of this Agreement shall not affect any other term(s) of this Agreement, which shall remain in full force and effect. You agree to inform E-ZPass^® of any changes to the information provided by you in your Application, such as:

• Name,
  
• Address,
  
• Telephone Information,
  
• Vehicle information,
  
• Credit card account status (i.e., closed account, maximum credit use),
  
• Expiration date of credit card account, or
  
• Payment method.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland.

NON-DISCLOSURE

E-ZPass^® respects the right of privacy and confidentiality of all Account holders. Account information will not be disclosed to third parties without your consent except as permissible by law and the policies of E-ZPass^® and the entities providing E-ZPass^® services.

INQUIRIES AND CORRESPONDENCE

Please send all correspondence, payments and transponder returns to:
E-ZPass^® Maryland Service Center, Box 5200, Baltimore, MD 21224

Please send all violation inquiries to:
Violation Processing Center, Box 5100, Baltimore, MD 21224

SCHEDULE OF DEPOSITS/ADMINISTRATIVE FEES

Per Transponder deposit (cash and check customers): $10.00

Per Transponder deposit (credit card customers): Waived

Cost of Transponder if damaged, lost or stolen:

• Interior: $24.60
• Exterior: $31.70

Transponder misuse/violation administrative fees: $15, and civil penalties allowed by law for each violation.

* Transponder charges listed above are as of 1/2006 and reflect the direct cost incurred by the Maryland Transportation Authority. These costs may increase without notice based on pricing set by the transponder manufacturer.