2023 Indiana Code › Title 8. Utilities and Transportation › Article 15.5. Public-Private Agreements for Toll Road Projects › Chapter 5. Terms and Conditions of Public-Private Agreements › 8-15.5-5-3. Other Permitted Provisions of Public-Private Agreement

Sec. 3. In addition to the requirements of section 2 of this chapter, a public-private agreement may include additional provisions concerning the following:
(1) Review and approval by the authority of the operator's plans for the development and operation of the project.
(2) Inspection by the authority of construction of or improvements to the project.
(3) Maintenance by the operator of a policy or policies of public liability insurance (copies of which shall be filed with the authority, accompanied by proofs of coverage) or self-insurance, each in a form and amount satisfactory to the authority to insure coverage of tort liability to the public and employees and to enable the continued operation of the project.
(4) Filing by the operator, on a periodic basis, of appropriate traffic reports in a form acceptable to the authority.
(5) Payments to the operator. These payments may consist of one (1) or more of the following:
(A) The retention by the operator of the user fees collected by the operator in the operation and management of a toll road project or a facility project, if applicable.
(B) Payments made to the operator by the authority.
(C) Other sources of payment or revenue to the operator, if any.
(6) Financing obligations of the operator and the authority, including entering into agreements for the benefit of the financing parties.
(7) Apportionment of expenses between the operator and the authority.
(8) The rights and duties of the operator, the authority, and other state and local governmental entities with respect to use of the project, including the state police department and other law enforcement and public safety agencies.
(9) Arbitration or other dispute resolution mechanisms or remedies for the settlement of claims and other disputes arising under the agreement.
(10) Payment of money to either party upon default or delay, or upon termination of the public-private agreement, with the payments to be used:
(A) in the form of liquidated damages to compensate the operator for demonstrated unamortized costs, lost profits, or other amounts as provided in the agreement;
(B) to retire or refinance indebtedness related to the project or the public-private agreement; or
(C) for any other purpose mutually agreeable to the operator and the authority.
(11) Indemnification of the operator by the authority under conditions specified in the agreement.
(12) Assignment, subcontracting, or other delegation of responsibilities of the operator or the authority under the agreement to third parties, including other private entities, the department, and other state agencies.
(13) Sale or lease to the operator of personal property related to the project.
(14) Provisions for private commercial development or private use for a facility project.
(15) Other lawful terms and conditions to which the operator and the authority mutually agree.
As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.151; P.L.213-2015, SEC.111; P.L.189-2018, SEC.91.