Common use of Assessment of Non-Compliance Points and Cure Periods Clause in Contracts

Assessment of Non-Compliance Points and Cure Periods. ‌ The Department may assess Non-Compliance Points subject to the following terms and conditions. (a) The construction period Non-Compliance Points system will apply commencing on the date the Department issues the Construction Notice to Proceed. The operations period Non-Compliance Points system will apply commencing on the Service Commencement Date. (b) Various categories and elements of work have been identified by the Department as critical to the overall success of the project. Each category and work element has been assigned a level of severity category defined as follows: • Level of severity category A – consequences of non-compliance may have a moderate impact on the Project • Level of severity category B – consequences of non-compliance may have a high impact on the Project • Level of severity category C – consequences of non-compliance may have a severe impact on the Project (c) Exhibits U-1 and U-2 set forth the maximum number of Non-Compliance Points the Department will apply for each breach or failure. The Department may assess fewer Non- Compliance Points for a particular breach or failure based on the merits of the individual breach or failure. (d) Where a single act or omission gives rise to more than one breach or failure as described in Exhibits U-1 and U-2, the Department may assess Non-Compliance Points for only one breach or failure. In such circumstances, the Department may assess Non-Compliance Points for the breach or failure with the highest maximum number of Non-Compliance Points will apply. (e) For Performance Shortfalls classified as category A in Exhibits U-1 and U-2, Non-Compliance Points will be assessed only at the end of the applicable cure period if the Developer has failed to cure within that time. Additional Non-Compliance Points may be assessed again at the end of each subsequent cure period, until the breach or failure is cured, or the cumulative total of cured and uncured Non-Compliance Points equals or exceeds the level described in Section 19.01(f). (f) For Performance Shortfalls classified as category B in Exhibits U-1 and U-2, the Non-Compliance Points will be assessed on the date of the written determination from the Department to the Developer. Provided that the breach or failure is not then cured within the applicable cure period, Non-Compliance Points will be assessed again at the end of the first and each subsequent cure period, until the breach or failure is cured, or the cumulative total of cured and uncured Non-Compliance Points equals or exceeds the level described in Section 19.01(f). (g) For Performance Shortfalls identified as category C in Exhibits U-1 and U-2 (no applicable cure period), the Non-Compliance Points will be assessed on the date of the written determination from the Department to the Developer. (h) Any cure period specified in Exhibits U-1 and U-2 will be extended day-for-day for any Delay Event that prevents performance of Work to cure a breach or failure. (i) At every ten year anniversary of the Service Commencement Date, or upon significant revision of the Technical Requirements, either party, by written notice to the other party at least 90 Days prior to such anniversary reserves the right to request a review of the Non- Compliance Points system. Upon receiving the notice, both parties must review the existing Non-Compliance Point system in place and agree in writing to any revisions required to the system.

Assessment of Non-Compliance Points and Cure Periods. ‌ The Department may assess Non-Compliance Points subject to the following terms and conditions.‌ (a) The construction period Construction Period Non-Compliance Points system will apply commencing on the date the Department issues the Construction Notice to ProceedProceed and will end on the Project Completion Date. The operations period Operations Period Non-Compliance Points system will apply commencing on the Service Commencement Date. Non-Compliance Points incurred during the Construction Period that relate to the Design-Build Work will not carry forward to the Operations Period. (b) Various categories and elements of work have been identified by the Department as critical to the overall success of the project. Each category and work element has been assigned a level of severity category defined as follows: • Level of severity category A – consequences of non-compliance may have a moderate impact on the Project • Level of severity category B – consequences of non-compliance may have a high impact on the Project • Level of severity category C – consequences of non-compliance may have a severe impact on the Project: (c) Exhibits U-1 and U-2 set forth the maximum number of Non-Compliance Points the Department will apply for each breach or failure. The Department may assess fewer Non- Compliance Points for a particular breach or failure based on the merits of the individual breach or failure. (d) Where a single act or omission gives rise to more than one breach or failure as described in Exhibits U-1 and U-2, the Department may assess Non-Compliance Points for only one breach or failure. In such circumstances, the Department may assess Non-Compliance Points for the breach or failure with for which the highest maximum number of Non-Compliance Points will apply. (e) For Performance Shortfalls classified as category A in Exhibits U-1 and U-2, Non-Compliance Points will be assessed only at the end of the applicable cure period if the Developer has failed to cure within that time. Additional Non-Compliance Points may be assessed again at the end of each subsequent cure period, until the breach or failure is cured, or the cumulative total of cured and uncured Non-Compliance Points equals or exceeds the level described in Section 19.01(f). (f) For Performance Shortfalls classified as category B in Exhibits U-1 and U-2, the Non-Compliance Points will be assessed on the date of the written determination from the Department to the Developer. Provided that the breach or failure is not then cured within the applicable cure period, Non-Compliance Points will be assessed again at the end of the first and each subsequent cure period, until the breach or failure is cured, or the cumulative total of cured and uncured Non-Compliance Points equals or exceeds the level described in Section 19.01(f). (g) For Performance Shortfalls identified as category C in Exhibits U-1 and U-2 (no applicable cure period), the Non-Compliance Points will be assessed on the date of the written determination from the Department to the Developer. (h) Any cure period specified in Exhibits U-1 and U-2 will be extended day-for-day for any Delay Event that prevents performance of Work to cure a breach or failure. (i) At every ten year anniversary of the Service Commencement Date, or upon significant revision of the Technical Requirements, either party, by written notice to the other party at least 90 Days prior to such anniversary reserves the right to request a review of the Non- Compliance Points system. Upon receiving the notice, both parties must review the existing Non-Compliance Point system in place and agree in writing to any revisions required to the system.

Assessment of Non-Compliance Points and Cure Periods. ‌ The Department may assess Non-Compliance Points subject to the following terms and conditions. (a) The construction period Non-Compliance Points system will apply commencing on the date the Department issues the Construction Notice to Proceed. The operations period Non-Compliance Points system will apply commencing on the Service Commencement Date. (b) Various categories and elements of work have been identified by the Department as critical to the overall success of the project. Each category and work element has been assigned a level of severity category defined as follows: • Level of severity category A – consequences of non-compliance may have a moderate impact on the Project • Level of severity category B – consequences of non-compliance may have a high impact on the Project • Level of severity category C – consequences of non-compliance may have a severe impact on the Project (c) Exhibits U-1 and U-2 set Exhibit U sets forth the maximum number of Non-Compliance Points the Department will apply may assess for each breach or failure. The Department may assess fewer Non- Compliance Points for a particular breach or failure based on the merits of the individual breach or failure. (dc) Where a single act or omission gives rise to more than one breach or failure as described in Exhibits U-1 and U-2Exhibit U, the Department may assess Non-Compliance Points for only one breach or failure. In such circumstances, the Department may assess Non-Compliance Points for the breach or failure with the highest maximum number of Non-Compliance Points will apply. (ed) For Performance Shortfalls breaches or failures classified as category A in Exhibits U-1 and U-2Exhibit U, Non-Compliance Points will be assessed only at the end of the applicable cure period if the Developer has failed to cure within that time. Additional Non-Compliance Points may be assessed again at the end of each subsequent cure period, until the breach or failure is cured, or the cumulative total of cured and uncured Non-Compliance Points equals or exceeds the level described in Section 19.01(f). (fe) For Performance Shortfalls breaches or failures classified as category B in Exhibits U-1 and U-2Exhibit U, the Non-Non- Compliance Points will be assessed on the date of the written determination from the Department to the Developer. Provided that the breach or failure is not then cured within the applicable cure period, Non-Compliance Points will be assessed again at the end of the first and each subsequent cure period, until the breach or failure is cured, or the cumulative total of cured and uncured Non-Compliance Points equals or exceeds the level described in Section 19.01(f). (gf) For Performance Shortfalls breaches or failures identified as category C in Exhibits U-1 and U-2 Exhibit U (no applicable cure period), the Non-Compliance Points will be assessed on the date of the written determination from the Department to the Developer. (hg) Any cure period specified in Exhibits U-1 and U-2 Exhibit U will be extended day-for-day for any Delay Event that prevents performance of Work to cure a breach or failure. (ih) At every ten five year anniversary of the Service Commencement Agreement Date, or upon significant revision of the Technical Requirements, either party, by written notice to the other party at least 90 Days prior to such anniversary reserves the right to request a review of the Non- Non-Compliance Points system. Upon receiving the notice, both parties must review the existing Non-Non- Compliance Point system in place and agree in writing to any revisions required to the system.

Assessment of Non-Compliance Points and Cure Periods. ‌ The Department may assess Non-Compliance Points subject to the following terms and conditions. (a) The construction period Construction Period Non-Compliance Points system will apply commencing on the date the Department issues the Construction Notice to ProceedProceed and will end on the Project Completion Date. The operations period Operations Period Non-Compliance Points system will apply commencing on the Service Commencement Date. Non-Compliance Points incurred during the Construction Period that relate to the Design-Build Work will not carry forward to the Operations Period. (b) Various categories and elements of work have been identified by the Department as critical to the overall success of the project. Each category and work element has been assigned a level of severity category defined as follows: • Level of severity category A – consequences of non-compliance may have a moderate impact on the Project • Level of severity category B – consequences of non-compliance may have a high impact on the Project • Level of severity category C – consequences of non-compliance may have a severe impact on the Project (c) Exhibits U-1 and U-2 set forth the maximum number of Non-Compliance Points the Department will apply for each breach or failure. The Department may assess fewer Non- Compliance Points for a particular breach or failure based on the merits of the individual breach or failure. (d) Where a single act or omission gives rise to more than one breach or failure as described in Exhibits U-1 and U-2, the Department may assess Non-Compliance Points for only one breach or failure. In such circumstances, the Department may assess Non-Compliance Points for the breach or failure with for which the highest maximum number of Non-Compliance Points will apply. (e) For Performance Shortfalls classified as category A in Exhibits U-1 and U-2, Non-Compliance Points will be assessed only at the end of the applicable cure period if the Developer has failed to cure within that time. Additional Non-Compliance Points may be assessed again at the end of each subsequent cure period, until the breach or failure is cured, or the cumulative total of cured and uncured Non-Compliance Points equals or exceeds the level described in Section 19.01(f). (f) For Performance Shortfalls classified as category B in Exhibits U-1 and U-2, the Non-Compliance Points will be assessed on the date of the written determination from the Department to the Developer. Provided that the breach or failure is not then cured within the applicable cure period, Non-Compliance Points will be assessed again at the end of the first and each subsequent cure period, until the breach or failure is cured, or the cumulative total of cured and uncured Non-Compliance Points equals or exceeds the level described in Section 19.01(f). (g) For Performance Shortfalls identified as category C in Exhibits U-1 and U-2 (no applicable cure period), the Non-Compliance Points will be assessed on the date of the written determination from the Department to the Developer. (h) Any cure period specified in Exhibits U-1 and U-2 will be extended day-for-day for any Delay Event that prevents performance of Work to cure a breach or failure. (i) At every ten year anniversary of the Service Commencement Date, or upon significant revision of the Technical Requirements, either party, by written notice to the other party at least 90 Days prior to such anniversary reserves the right to request a review of the Non- Compliance Points system. Upon receiving the notice, both parties must review the existing Non-Compliance Point system in place and agree in writing to any revisions required to the system.