I-15 Fastrak® Please Read This Application and License Agreement Carefully

Welcome to I-15 FasTrak® Please read this Application and License Agreement carefully. By signing on Joaquin Hills Transportation Corridors, and the eight Bay Area Toll Bridges the reverse side, or by using your I-15 FasTrak® transponder, you agree to the (including Antioch, Benicia-Martinez, Carquinez, Dumbarton, Golden Gate, following terms: Hayward-San Mateo, Richmond-San Rafael, and San Francisco-Oakland Bay bridges). It is not necessary to obtain a separate Transponder to pay 1. General electronically for FasTrak® transactions. If you drive on any of these Toll This Application and License Agreement (“Agreement”) with the Facilities in a vehicle with your Transponder(s), your Transponder(s) will be San Diego Association of Governments (“SANDAG,” “we,” “our” or “us”), read by such Toll Facility’s electronic toll processing equipment, and a record together with any supplements, allows the person named and his or her of your transaction will be created for such. Such tolls will be charged in agents (“you” or “your”) to use the I-15 Express Lanes with an I-15 FasTrak® accordance with the rules, regulations, and procedures of such other Toll Transponder (“Transponder”). Your submittal of an Application constitutes Facilities. You further agree that we may share with the operator of the your acknowledgement and consent to this Agreement. This Agreement Toll Facility any information contained in this Agreement for purposes of confers only a license; the Transponder is the property of SANDAG. processing and collection of tolls, violations, and other charges.

You agree: 4. Transponders a. To pay all tolls and fees charged to your I-15 Account (“Account”). You agree to pay a refundable security deposit of $40 for each Transponder licensed to you, which we or the I-15 FasTrak® Customer Service Center will b. To safeguard, mount, and use your Transponder(s) in accordance with the return without interest if you return the Transponder(s) in good working instructions provided in your I-15 FasTrak® account package or any updated condition. In lieu of such deposit, you authorize us to charge your credit instructions that may be mailed to you. card for the amount of the Transponder deposit(s) should you fail to return c. To obey all applicable laws, regulations, and customer account policies. the Transponder(s) in good working condition. d. To promptly notify our I-15 FasTrak® Customer Service Center of any a. If your Transponder(s) fails to operate for reasons other than abuse or changes in your name, address, phone number, vehicles, license plates used, improper use and is returned to the I-15 FasTrak® Customer Service Center, and, if applicable, credit card number and expiration date. we will replace the Transponder(s) at no extra charge. e. To promptly review your monthly or quarterly statement and notify the I-15 b. If your Transponder(s) is lost or stolen and you immediately call the I-15 FasTrak® Customer Service Center if you have any questions regarding any FasTrak® Customer Service Center by telephone at (888) 889-1515, you will charges. Charges not questioned within 30 days of issuance of the monthly not be liable for any unauthorized use of your Transponder(s) occurring or quarterly statement will be deemed valid. after such notification. In any event, your liability for unauthorized use of your Transponder(s) will not exceed $50. However, you will be charged the f. That we or our agent(s) may share with the California Highway Patrol, $40 deposit for each Transponder lost or stolen. Department of Motor Vehicles, Caltrans, and the Federal Highway Administration, any information you provide to us or our agent(s). 5. Termination g. To be held responsible to SANDAG for any toll charges that may arise from Either party may terminate this Agreement at any time by giving written using your Transponder(s) on any other interoperable California FasTrak® notice to the other party. If we request or you elect to terminate this toll road or toll bridge (“Toll Facility”). Agreement, you shall return any and all Transponder(s) registered to your Account to the I-15 FasTrak® Customer Service Center. Upon termination h. Upon notice from SANDAG or the I-15 FasTrak® Customer Service Center, and return of your Transponder(s), your Account balance and Transponder to remove and return your Transponder(s) and replace it with any other deposit(s) (if paid in advance) will be refunded to you, less any amounts Transponder(s) SANDAG or the I-15 FasTrak® Customer Service Center owed to us, within thirty (30) days. Following termination, you shall remain may send you. responsible for payment of all charges you owe under this Agreement. 2. Account Payments, Fees, and Charges If your Account balance is insufficient to cover charges you owe under this Agreement, you shall remain liable for such amounts. If such unpaid a. You agree to maintain your prepaid Account balance. charges are not promptly remitted, you may become liable for additional b. If you selected Option A, Credit Card, you authorize us to charge the service charges, fines or penalties in accordance with applicable law. applicable prepaid Account balance to your credit card. You authorize us 6. Changes to replenish your Account by charging $40 per Transponder (or a higher amount you authorize) to your credit card each time your Account balance We reserve the right to change the terms of this Agreement and our falls below $10. policies, toll rates, fees, deposits, and minimum Account balances at any time by providing written notice to you. You will be deemed to have c. If you selected Option B, Check or Money Order, you agree to make a received such notice ten (10) days after its deposit in the U.S. Mail. You minimum check or money order payment of $50.00 to your Account for agree to all changes when you use your Transponder(s) after that date. each Transponder you request. You agree to make a minimum check or money order payment of $50 for each Transponder each time your Account 7. Release and Indemnity balance falls below $20. You agree that such payment will be received by a. You acknowledge that we have not made, and we expressly disclaim, the I-15 FasTrak® Customer Service Center prior to your Account Balance any representation of warranty, express or implied, relating to your reaching a zero balance. Transponder(s), the I-15 Express Lanes, the FasTrak® system, or other d. You agree that your replenishment amount is subject to change based materials (including without limitation, any implied or express warranty on your actual usage. You will be notified by mail if we deem that your of merchantability or fitness for a particular purpose) whatsoever as they replenishment amount needs to be increased. relate to your Account, use of your Transponder(s), the I-15 Express Lanes or the FasTrak® system. e. You agree that we may charge a fee for leasing you the transponder(s) and for maintaining your account should you not incur a specified level of toll b. You hereby release SANDAG and its agent(s) from all loss, damage, or usage each month, as defined at our sole discretion injury whatsoever, known or unknown, arising out of or in any manner connected with the use or performance of the Transponder(s), the I-15 f. You agree that we may send your account to a Collections Agency and Express Lanes or the FasTrak® system. Neither SANDAG nor its agent(s) will charge a fee for account suspension, and you agree to pay a negative have any obligation or liability with respect to the use or performance of balance fee whenever your Account balance falls below $0. the Transponder(s), the I-15 Express Lanes or the FasTrak® system. Your sole g. You agree that we may charge a fee for each check or credit card returned and exclusive remedy from SANDAG and its agent(s) will be replacement of or refused by your bank, financial institution, or credit card issuer. any defective Transponder(s). h. You acknowledge that if your Transponder is deactivated or your Account c. You agree to indemnify, protect, hold harmless, and defend SANDAG and closed for lack of payment, failure to exchange your transponder within 60 its agent(s) from all liability for and from all loss, damage, or injury to days if requested by SANDAG to do so pursuant to Section 1(h), or violation persons or property whatsoever, known or unknown, arising out of or in of Express Lanes’ rules, an account deactivation and/or collections fee may any manner connected with the use or performance of the Transponder(s), be charged to your Account. the I-15 Express Lanes or the FasTrak® system. i. You agree that we may charge a fee for image-based transactions derived 8. Governing Law from license plates. Failure to maintain the required Account balance or This Agreement is governed by the laws of the State of California. to properly maintain your Account will result in toll transactions being processed as violations that are subject to additional fees, fines, and 9. Violations penalties as provided by law. Failure to comply with any portion of this Agreement may result in your j. You agree that we may charge a fee for each printed statement provided to transactions being processed as violations under Section 4770 et seq. you at your request. and Section 40250 et seq. of the California Vehicle Code and any other applicable law. If violations occur, you will be subject to all fees, fines, and k. You agree that I-15 FasTrak® toll rates are set dynamically based on actual penalties as provided by law. SANDAG and its agent(s) reserve the right to traffic conditions and rates are subject to change without notice. debit your Account for all unpaid violations including fees and fines. l. Our current fee amounts are available at the I-15 FasTrak® Customer Service 10. Communications Center and our Web site www.sandag.org/fastrak. The fees are subject to change pursuant to Section 6. Please address all questions and written notices to: I-15 FasTrak® Customer Service Center 3. Interoperability – FasTrak® System P.O. Box 23820 Your Transponder(s) may be used to pay tolls on any Toll Facility bearing San Diego, CA 92123-3820 the FasTrak® logo, which presently includes the I-15 FasTrak®, the South Bay Telephone: (888) 889-1515 Expressway, the State Route 91 Express Lanes, the Foothill, Eastern and San FAX: (888) 271-1515