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Pages 38-38

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From page 38...
... 38 default by the private operator, the state highway authority may elect to take over the transportation facility (subject to any liens on revenues previously granted by the private entity) , terminate the PPP agreement, and exercise any rights and remedies that it may have thereunder or pursuant to applicable law.243 The model provisions do not define what constitutes a "material default" and do not otherwise provide for any dispute resolution mechanism that would apply in the event the parties disagree about the existence or cause of an alleged default.

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