Path SmartLink : THE PORT AUTHORITY OF NY & NJ Path SmartLink : THE PORT AUTHORITY OF NY & NJ

SmartLink Replenishment Service Agreement

SMARTLINKSM REPLENISHMENT SERVICE AGREEMENT
TERMS AND CONDITIONS
Effective: May 30, 2008

These Terms and Conditions, the SmartLinkSM Program Terms and Conditions, your SmartLinkSM Program application and your SmartLinkSM Replenishment service application constitute your Replenishment agreement ("Replenishment Agreement") with Port Authority Trans-Hudson Corporation ("PATH Corporation" or "PATH"). The term "PATH" includes The Port Authority of New York and New Jersey (the "Port Authority"), and may also include other wholly owned entities of the Port Authority. Use of the Replenishment service as described herein constitutes acceptance of all terms and conditions contained in the Replenishment Agreement. SmartLinkSM

Trips/Passes are loaded to SmartLinkSM Cards in pre-determined "Products" which include a specific number of trips or a pass for unlimited use over a certain number of days. "Replenishment service" refers to the service by which you may set up the refill of Products to your Card on either a one-time basis ("One-Time Replenishment") or repeatedly, whenever the number of remaining trips or days on your SmartLinkSM Card drops to a set threshold ("Automatic Replenishment").

The current thresholds set are:

o Trips - 5 remaining trips
o Unlimited Use Passes - 5 remaining days

A. Replenishment Service Set Up and Termination
You may set up Replenishment service by establishing a web account and signing up through this website or by contacting the PATH SmartLinkSM Service Center at the address or phone number set forth in the SmartLinkSM Terms and Conditions.

Information you provide in regard to Replenishment service set up is subject to investigation and verification. You authorize PATH to contact relevant parties (for example, debit or credit card issuers) to confirm payment information.

If you are setting up an Automatic Replenishment service, it is not recommended that you have different trip or pass Product on your SmartLinkSM Card because once the Automatic Replenishment is established for one Product, the other Products cannot be used until the Replenishment service is suspended or cancelled. You may suspend or cancel your Replenishment service through your web account or by contacting the PATH SmartLinkSM Service Center.

One-Time Replenishment is not ongoing but must be set up for each occurrence and may not be terminated once established.

B. Payment
i) General (applies to both One-Time and Automatic Replenishment)
Payment must be made with a valid credit or debit card. PATH may, but is not obligated to, contact you by mail, phone or email when: (1) you have arranged for or modified Replenishment service; (2) your credit or debit card payment could not be completed; (3) the expiration date of your credit card or debit card used for Automatic Replenishment is drawing near. PATH, at its discretion, may request updated information about your credit or debit card, including new account numbers and expiration date from the financial institution issuing the credit or debit card and you authorize release of such information to PATH.

ii) One-Time Replenishment
Payment is processed when you set up service. Therefore, payment is non-refundable and once service is set up, may not be cancelled by you. You authorize PATH to charge your credit or debit card for the cost of the Product you select.

However, if your credit or debit card payment transaction cannot be completed, your transaction may be cancelled. If your One-Time Replenishment is retrieved (Products can be retrieved at PATH faregates or vending machines), and your credit or debit card payment is later found to be invalid for any reason, such Products are subject to automatic removal from your SmartLinkSM Card without notification to you, and you will be responsible for payment if the card has been used. for use of the SmartLinkSM Card.

iii) Automatic Replenishment
Payment will be processed when each Automatic Replenishment occurs, that is when a Product is automatically added to your SmartLinkSM Card. Payment is non-refundable once the Automatic Replenishment has occurred, but you may terminate Automatic Replenishment service and avoid being charged for any future Automatic Replenishment (see Section A, above) through your web account or by contacting the PATH SmartLinkSM Service Center. You authorize PATH to charge your credit or debit card for the amount of the Product you select each time such Product is automatically added to your SmartLinkSM Card.

You must notify PATH if the credit or debit card number, expiration date or billing address information you provided for your Automatic Replenishment service is changed for any reason. If your credit or debit card payment transaction cannot be completed, the Automatic Replenishment service will be cancelled and Products you have already retrieved based on that transaction are subject to automatic removal from your SmartLinkSM Card without notification to you. You will be responsible for payment if the card has been used.

C. Delivery
i) General (applies to both One-Time and Automatic Replenishment:

Products can be retrieved (that is, added to your Card) by touching your Card to the SmartLinkSM target on the faregates or PATH Vending Machines, a round raised disk located at the front of the faregate and on the right-hand side of the PATH vending machine. It has the image of the SmartLinkSM card and the words "TOUCH HERE".

ii) One-Time Replenishment
Products are available for retrieval the day after set up. Products must be retrieved within 60 days after the date you set up the service. If you do not retrieve your Product (as described in Section B(ii) above) within 60 days of set up, the Product will no longer be available and are subject to loss without refund.

iii) Automatic Replenishment
The Automatic Replenishment service will add the selected Product to your SmartLinkSM Card automatically and will be available for retrieval the day after set up. Products will be automatically added to your Card whenever the number of remaining trips (for a trip-based Automatic Replenishment), or remaining days (for an unlimited use pass-based Automatic Replenishment), reaches the threshold.

IMPORTANT:
You should set up Automatic Replenishment service only for SmartLinkSM Cards having no more than one Product, and you should not purchase and load any Products manually using a PATH Vending Machine after establishing an Automatic Replenishment service. If you set up Automatic Replenishment when you have trips remaining on your card, and if such trips are part of a different type of Product, then these trips will not be counted towards the threshold number described above. An Automatic Replenishment will be added to your card even though you may have more than five (5) unused trips remaining on your card (for example, if you have an unused 10-Trip Product loaded on your card and then set up an Automatic Replenishment for a 20-Trip Product, the 20-Trip product will be automatically added to your card and you will not be able to use the 10-Trip Product until the Automatic Replenishment is suspended or cancelled).

If the Product you already have on your card, prior to setting up Automatic Replenishment, or that you manually add to your card after you set up Automatic Replenishment, is the same kind of Product as you select for the Automatic Replenishment (a 20-Trip Product, for example), then the trips will be counted towards the threshold number. If you load a product manually using a PATH Vending Machine after establishing an Automatic Replenishment service and you select a product that is different than your Automatic Replenishment service, you will be unable to use the manually loaded products as long as you have the Automatic Replenishment service in place.

The Automatic Replenishment service must be activated by presenting your SmartLinkSM Card to the SmartLinkSM Target on a PATH vending machine or turnstile within 60 days after the date the service is set up. Failure to activate Automatic Replenishment service within 60 days of set up may result in service cancellation without notice.

For issues regarding Replenishment service, contact the PATH SmartLinkSM Service Center.

Reminder: Use of SmartLinkSM Cards is subject to the SmartLinkSM Program Terms and Conditions.