Common use of Assessment of Noncompliance Points Clause in Contracts

Assessment of Noncompliance Points. If TxDOT is notified or otherwise becomes aware of a Noncompliance Event or if TxDOT serves a Notice of Determination under Section 2.2, TxDOT may assess Noncompliance Points in accordance with the Noncompliance Events Table, subject to the following: (a) For each Noncompliance Event for which an NCE Cure Period is identified in the Noncompliance Events Table (Category A or B), that is not a late, incomplete or defective Submittal, provided that the Noncompliance Event is not cured, Noncompliance Points shall first be assessed at the end of the first NCE Cure Period. (b) For each Noncompliance Event for which an NCE Cure Period is identified in the Noncompliance Events Table (Category A or B) that is a late, incomplete, or defective Submittal, Noncompliance Points shall first be assessed at the date of expiration of the time period or milestone event required by the CMC Documents for the Submittal. (c) For each Noncompliance Event for which there is no NCE Cure Period identified in the Noncompliance Events Table (Category C), Noncompliance Points shall be assessed on the date on which the breach or failure occurred. Each subsequent instance of a breach or failure assessed against the same line item in the Noncompliance Events Table will be treated as a separate Noncompliance Event. (d) If a Noncompliance Event for which an NCE Cure Period is provided in the Noncompliance Events Table (Category A or B) is not fully cured within the applicable NCE Cure Period then continuation of such Noncompliance Event beyond such NCE Cure Period shall be treated as a new and separate Noncompliance Event, without necessity for further notice, for the purpose of assessing Noncompliance Points. Additionally, without further notice, (i) a new cure period equal to the NCE Cure Period set forth in the Noncompliance Events Table shall apply upon expiration of the NCE Cure Period, and (ii) if applicable, additional Noncompliance Charges shall be assessed against DB Contractor in accordance with Section 8 and deducted from the applicable monthly payment for the Maintenance Services. (e) For the purpose of assessing Noncompliance Points, a failure by DB Contractor to report to TxDOT and to keep an accurate record of a Noncompliance Event as and when required under Section 2.1 of this Exhibit 9 constitutes a distinct failure to perform separate from and in addition to the subject Noncompliance Event itself. (f) TxDOT may, but is not obligated to, assess fewer than the maximum number of Noncompliance Points for any particular Noncompliance Event.

Assessment of Noncompliance Points. If TxDOT is notified or otherwise becomes aware of a (a) Each Noncompliance Event or if TxDOT serves a Notice of Determination under Section 2.2, TxDOT may assess shall accrue Noncompliance Points in accordance with the Noncompliance Events Table, subject to the followingfollowing principles: (ai) For each In respect of a Noncompliance Event that has a Cure Period, for which an NCE the full Cure Period is identified in and for each full or partial Interval of Recurrence arising after the end of the Cure Period between the Noncompliance Events Table (Category A or B)Start Date and the Noncompliance Rectification Date, that is not a late, incomplete or defective Submittal, provided that the Noncompliance Event shall accrue the number of Noncompliance Points set out against that Noncompliance Event in Schedule 7 (Noncompliance Points Table). (ii) All Noncompliance Points in respect of a Cure Period or Interval of Recurrence shall be deemed to accrue in the month that the relevant Cure Period or Interval of Recurrence ends (whichever is not curedlater). (iii) In respect of a Noncompliance Event that has no Cure Period, that Noncompliance Event shall accrue the number of Noncompliance Points set out against that Noncompliance Event in Schedule 7 (Noncompliance Points Table) for each full or part Interval of Recurrence arising between the Noncompliance Start Date and the Noncompliance Rectification Date. (iv) To the extent that any breach or failure to perform obligations under the Project Documents would cause simultaneous occurrence of more than one Noncompliance Event in respect of the same CNG Facility, Noncompliance Points shall first be assessed at the end only accrue in respect of the first NCE Noncompliance Event that accrues the highest number of Noncompliance Points (such accrual of Noncompliance Points for Noncompliance Events with a Cure PeriodPeriod applying up until the Noncompliance Rectification Date) and each other Noncompliance Event that simultaneously occurred as a result of the same breach or failure to perform obligations under the Project Documents shall be deemed to have not occurred. (v) Nothing in this PPA shall prevent the accrual of Noncompliance Points for both the occurrence of a Noncompliance Event and the failure to notify the Department of the same Noncompliance Event in accordance with this PPA. (vi) To the extent that any Noncompliance Event arises as a direct result of a Relief Event or an Emergency and such Relief Event or Emergency is not attributable to any breach of this PPA or any negligent act or negligent omission of a Development Entity-Related Party, the relevant Noncompliance Event will be deemed not to have occurred for the purposes of this PPA. (b) For each Noncompliance Event The Development Entity is responsible for which an NCE Cure Period is identified in keeping and providing the Department with current records of all Noncompliance Events Table (Category A or B) that it is a late, incomplete, or defective Submittal, required to have notified the Department about pursuant to the terms hereof and the number of Noncompliance Points shall first be assessed at for all such Noncompliance Events, the date of expiration of the time period or milestone event required by the CMC Documents for the Submittaleach assessment, and each Noncompliance Start Date and Noncompliance Rectification Date. (c) For each Noncompliance Event for which there is no NCE Cure Period identified Notwithstanding any other provision in this PPA to the Noncompliance Events Table (Category C)contrary, Noncompliance Points shall be assessed on the date on which the breach or failure occurred. Each subsequent instance will not accrue in respect of a breach or failure assessed against the same line item in the any Noncompliance Events Table will be treated Event that arises as a separate Noncompliance direct result of either a Compensation Event or a Relief Event. (d) If a Noncompliance Event for which an NCE Cure Period is provided in the Noncompliance Events Table (Category A or B) is not fully cured within the applicable NCE Cure Period then continuation of such Noncompliance Event beyond such NCE Cure Period shall be treated as a new and separate Noncompliance Event, without necessity for further notice, for the purpose of assessing Noncompliance Points. Additionally, without further notice, (i) a new cure period equal to the NCE Cure Period set forth in the Noncompliance Events Table shall apply upon expiration of the NCE Cure Period, and (ii) if applicable, additional Noncompliance Charges shall be assessed against DB Contractor in accordance with Section 8 and deducted from the applicable monthly payment for the Maintenance Services. (e) For the purpose of assessing Noncompliance Points, a failure by DB Contractor to report to TxDOT and to keep an accurate record of a Noncompliance Event as and when required under Section 2.1 of this Exhibit 9 constitutes a distinct failure to perform separate from and in addition to the subject Noncompliance Event itself. (f) TxDOT may, but is not obligated to, assess fewer than the maximum number of Noncompliance Points for any particular Noncompliance Event.

Assessment of Noncompliance Points. If TxDOT is notified or otherwise becomes aware of a Noncompliance Event or if TxDOT serves a Notice of Determination under Section 2.2, TxDOT may assess Noncompliance Points in accordance with the Noncompliance Events Table, subject to the following: (a) For each Noncompliance Event for which an NCE Cure Period is identified in the Noncompliance Events Table (Category A or B), that is not a late, incomplete or defective Submittal, provided that the Noncompliance Event is not cured, Noncompliance Points shall first be assessed at the end of the first NCE Cure Period. (b) For each Noncompliance Event for which an NCE Cure Period is identified in the Noncompliance Events Table (Category A or B) that is a late, incomplete, or defective Submittal, Noncompliance Points shall first be assessed at the date of expiration of the time period or milestone event required by the CMC Documents for the Submittal. (c) For each Noncompliance Event for which there is no NCE Cure Period identified in the Noncompliance Events Table (Category C), Noncompliance Points shall be assessed on the date on which the breach or failure occurred. Each subsequent instance of a breach or failure assessed against the same line item in the Noncompliance Events Table will be treated as a separate Noncompliance Event. (d) If a Noncompliance Event for which an NCE Cure Period is provided in the Noncompliance Events Table (Category A or B) is not fully cured within the applicable NCE Cure Period then continuation of such Noncompliance Event beyond such NCE Cure Period shall be treated as a new and separate Noncompliance Event, without necessity for further notice, for the purpose of assessing Noncompliance Points. Additionally, if a Noncompliance Event for which an NCE Cure Period is provided in the Noncompliance Events Table is not fully cured within the applicable NCE Cure Period, then without further notice, (i) a new cure period equal to the NCE Cure Period set forth in the Noncompliance Events Table shall apply upon the later of (a) expiration of the NCE Cure Period, and (iib) if applicable, additional Noncompliance Charges shall be assessed against DB Contractor in accordance delivery by TxDOT of its Notice of Determination with Section 8 and deducted from the applicable monthly payment for the Maintenance Services. (e) For the purpose of assessing Noncompliance Points, a failure by DB Contractor to report to TxDOT and to keep an accurate record its rejection of a Noncompliance Event as and when required under Section 2.1 of this Exhibit 9 constitutes a distinct failure to perform separate from and in addition to the subject Noncompliance Event itself. (f) TxDOT maycure, but is not obligated to, assess fewer than the maximum number of Noncompliance Points for any particular Noncompliance Event.and

Assessment of Noncompliance Points. If TxDOT is notified or otherwise becomes aware of a Noncompliance Event or if TxDOT serves a Notice of Determination under Section 2.2, TxDOT may assess Noncompliance Points in accordance with the Noncompliance Events Table, subject to the following: (a) For each Noncompliance Event for which an NCE Cure Period is identified in the Noncompliance Events Table (Category A or B), that is not a late, incomplete or defective Submittal, provided that the Noncompliance Event is not cured, Noncompliance Points shall first be assessed at the end of the first NCE Cure Period. (b) For each Noncompliance Event for which an NCE Cure Period is identified in the Noncompliance Events Table (Category A or B) that is a late, incomplete, or defective Submittal, Noncompliance Points shall first be assessed at the date of expiration of the time period or milestone event required by the CMC Documents for the Submittal. (c) For each Noncompliance Event for which there is no NCE Cure Period identified in the Noncompliance Events Table (Category C), Noncompliance Points shall be assessed on the date on which the breach or failure occurred. Each subsequent instance of a breach or failure assessed against the same line item in the Noncompliance Events Table will be treated as a separate Noncompliance Event. (d) If a Noncompliance Event for which an a NCE Cure Period is provided in the Noncompliance Events Table (Category A or B) is not fully cured within the applicable NCE Cure Period then continuation of such Noncompliance Event beyond such NCE Cure Period shall be treated as a new and separate Noncompliance Event, without necessity for further notice, for the purpose of assessing Noncompliance Points. Additionally, without further notice, (i) a new cure period equal to the NCE Cure Period set forth in the Noncompliance Events Table shall apply upon expiration of the NCE Cure Periodperiod, and (ii) if applicable, additional Noncompliance Charges shall be assessed against DB Contractor in accordance with Section 8 and deducted from the applicable monthly payment for the Maintenance Services. (e) For the purpose of assessing Noncompliance Points, a failure by DB Contractor to report to TxDOT and to keep an accurate record of a Noncompliance Event as and when required under Section 2.1 of this Exhibit 9 10 constitutes a distinct failure to perform separate from and in addition to the subject Noncompliance Event itself. (f) TxDOT may, but is not obligated to, assess fewer than the maximum number of Noncompliance Points for any particular Noncompliance Event.

Assessment of Noncompliance Points. If TxDOT is notified or otherwise becomes aware of a Noncompliance Event or if TxDOT serves a Notice of Determination under Section 2.2, TxDOT may assess Noncompliance Points in accordance with the Noncompliance Events Table, subject to the following: (a) For each Noncompliance Event for which an NCE Cure Period is identified in the Noncompliance Events Table (Category A or B), that is not a late, incomplete or defective Submittal, provided that the Noncompliance Event is not cured, Noncompliance Points shall first be assessed at the end of the first NCE Cure Period. (b) For each Noncompliance Event for which an NCE Cure Period is identified in the Noncompliance Events Table (Category A or B) that is a late, incomplete, or defective Submittal, Noncompliance Points shall first be assessed at the date of expiration of the time period or milestone event required by the CMC Documents for the Submittal. (c) For each Noncompliance Event for which there is no NCE Cure Period identified in the Noncompliance Events Table (Category C), Noncompliance Points shall be assessed on the date on which the breach or failure occurred. Each subsequent instance of a breach or failure assessed against the same line item in the Noncompliance Events Table will be treated as a separate Noncompliance Event. (d) If a Noncompliance Event for which an NCE Cure Period is provided in the Noncompliance Events Table (Category A or B) is not fully cured within the applicable NCE Cure Period then continuation of such Noncompliance Event beyond such NCE Cure Period shall be treated as a new and separate Noncompliance Event, without necessity for further notice, for the purpose of assessing Noncompliance Points. Additionally, if a Noncompliance Event for which an NCE Cure Period is provided in the Noncompliance Events Table is not fully cured within the applicable NCE Cure Period, then without further notice, (i) a new cure period equal to the NCE Cure Period set forth in the Noncompliance Events Table shall apply upon the later of (a) expiration of the NCE Cure Period, and (b) if applicable, delivery by TxDOT of its Notice of Determination with its rejection of a cure, and (ii) if applicable, additional Noncompliance Charges shall be assessed against DB Contractor in accordance with Section 8 and deducted from the applicable monthly payment for the Maintenance Services. (e) For the purpose of assessing Noncompliance Points, a failure by DB Contractor to report to TxDOT and to keep an accurate record of a Noncompliance Event as and when required under Section 2.1 of this Exhibit 9 constitutes a distinct failure to perform separate from and in addition to the subject Noncompliance Event itself. (f) TxDOT may, but is not obligated to, assess fewer than the maximum number of Noncompliance Points for any particular Noncompliance Event.

Assessment of Noncompliance Points. If TxDOT is notified or otherwise becomes aware of a (a) Each Noncompliance Event or if TxDOT serves a Notice of Determination under Section 2.2, TxDOT may assess shall accrue Noncompliance Points in accordance with the Noncompliance Events Table, subject to the followingfollowing principles: (ai) For each In respect of a Noncompliance Event for which an NCE that has a Cure Period is identified in the Noncompliance Events Table (Category A or B)Period, that is not a late, incomplete or defective Submittal, provided that the Noncompliance Event shall accrue the number of Noncompliance Points set out against that Noncompliance Event in Schedule 7 (Noncompliance Points Table): (A) in the case of a Noncompliance Event notified to the Department pursuant to Section 11.2(a)(i) and a Noncompliance Event which arises as a direct result of an Emergency or an Incident, or which is not curedattributable to graffiti, vandalism, or impact damage, for each full or part Interval of Recurrence arising after the end of the Cure Period between the Noncompliance Start Date and the Noncompliance Rectification Date; (B) in the case of a Noncompliance Event (other than a Noncompliance Event which arises as a direct result of an Emergency or an Incident, or which is attributable to graffiti, vandalism, or impact damage) notified to the Development Entity by the Department pursuant to Section 11.2(b) (Notification Initiated by the Department) (other than as a result of notification by a Patron), for the full or part Cure Period and for each full or part Interval of Recurrence arising after the end of the Cure Period arising between the Noncompliance Start Date and the Noncompliance Rectification Date; and (C) in the case of a Noncompliance Event (other than a Noncompliance Event which arises as a direct result of an Emergency or an Incident, or which is attributable to graffiti, vandalism, or impact damage) notified to the Development Entity by the Department pursuant to Section 11.2(b) (Notification Initiated by the Department) as a result of notification by a Patron, for the part Cure Period arising after the midpoint of the Cure Period and for each full or part Interval of Recurrence arising after the end of the Cure Period between the Noncompliance Start Date and the Noncompliance Rectification Date. (ii) All Noncompliance Points in respect of a Cure Period or Interval of Recurrence shall be deemed to accrue in the month that the relevant Cure Period or Interval of Recurrence ends (whichever is later). (iii) In respect of a Noncompliance Event that has no Cure Period, that Noncompliance Event shall accrue the number of Noncompliance Points set out against that Noncompliance Event in Schedule 7 (Noncompliance Points Table) for each full or part Interval of Recurrence arising between the Noncompliance Start Date and the Noncompliance Rectification Date. (iv) To the extent that any breach or failure to perform obligations under the Project Documents would cause simultaneous occurrence of more than one Noncompliance Event in respect of the same Replacement Bridge, Noncompliance Points shall first be assessed at the end only accrue in respect of the first NCE Noncompliance Event that accrues the highest number of Noncompliance Points (such accrual of Noncompliance Points for Noncompliance Events with a Cure PeriodPeriod applying up until the Noncompliance Rectification Date) and each other Noncompliance Event that simultaneously occurred as a result of the same breach or failure to perform obligations under the Project Documents shall be deemed to have not occurred. (v) Nothing in this PPA shall prevent the accrual of Noncompliance Points for both the occurrence of a Noncompliance Event and the failure to notify the Department of the same Noncompliance Event in accordance with this PPA. (vi) To the extent that both an Unavailability Event and a Noncompliance Event simultaneously occur in respect of the same Replacement Bridge as a direct result of the same breach of or failure to perform obligations under the Project Documents, the relevant Noncompliance Event will be deemed not to have occurred for the purposes of this PPA. (vii) To the extent that any Noncompliance Event arises as a direct result of a Relief Event, an Emergency or an Incident and such Relief Event, Emergency or Incident is not attributable to any breach of this PPA or any negligent act or negligent omission of a Development Entity-Related Party, the relevant Noncompliance Event will be deemed not to have occurred for the purposes of this PPA. (b) For each Noncompliance Event The Development Entity is responsible for which an NCE Cure Period is identified in keeping and providing the Department with current records of all Noncompliance Events Table (Category A or B) that it is a late, incomplete, or defective Submittal, Noncompliance Points shall first be assessed at required to have notified the date of expiration of the time period or milestone event required by the CMC Documents for the Submittal. (c) For each Noncompliance Event for which there is no NCE Cure Period identified in the Noncompliance Events Table (Category C), Noncompliance Points shall be assessed on the date on which the breach or failure occurred. Each subsequent instance of a breach or failure assessed against the same line item in the Noncompliance Events Table will be treated as a separate Noncompliance Event. (d) If a Noncompliance Event for which an NCE Cure Period is provided in the Noncompliance Events Table (Category A or B) is not fully cured within the applicable NCE Cure Period then continuation of such Noncompliance Event beyond such NCE Cure Period shall be treated as a new and separate Noncompliance Event, without necessity for further notice, for the purpose of assessing Noncompliance Points. Additionally, without further notice, (i) a new cure period equal Department about pursuant to the NCE Cure Period set forth in terms hereof and the Noncompliance Events Table shall apply upon expiration of the NCE Cure Period, and (ii) if applicable, additional Noncompliance Charges shall be assessed against DB Contractor in accordance with Section 8 and deducted from the applicable monthly payment for the Maintenance Services. (e) For the purpose of assessing Noncompliance Points, a failure by DB Contractor to report to TxDOT and to keep an accurate record of a Noncompliance Event as and when required under Section 2.1 of this Exhibit 9 constitutes a distinct failure to perform separate from and in addition to the subject Noncompliance Event itself. (f) TxDOT may, but is not obligated to, assess fewer than the maximum number of Noncompliance Points assessed for any particular all such Noncompliance EventEvents, the date of each assessment, and each Noncompliance Start Date and Noncompliance Rectification Date.

Assessment of Noncompliance Points. ‌ If TxDOT (a) the electronic data base or Operations Report (or more frequent report) indicates or IFA is notified or otherwise becomes aware of a Noncompliance Event or if TxDOT (b) IFA serves a Notice of Determination under Section 2.211.2.2, TxDOT IFA may assess Noncompliance Points in accordance with the Exhibit 12 (Noncompliance Events TablePoints System and Persistent Developer Default), subject to the following:following terms and conditions. (a) For each Noncompliance Event for which an NCE Cure Period is identified in 11.3.1 The date of assessment shall be deemed to be the Noncompliance Events Table (Category A or B), that is not a late, incomplete or defective Submittal, provided that the Noncompliance Event is not cured, Noncompliance Points shall first be assessed at date of the end of the first NCE Cure Period. (b) For each Noncompliance Event for which an NCE Cure Period is identified in the Noncompliance Events Table (Category A or B) that is a late, incomplete, or defective Submittal, Noncompliance Points shall first be assessed at and the date of expiration the end of each subsequent NCE Cure Periods, regardless of the time period or milestone event required by date of the CMC Documents for the Submittalinitial Notice of Determination under Section 11.2.2. (c) For each Noncompliance Event for which there is no NCE Cure Period identified in the Noncompliance Events Table (Category C), 11.3.2 IFA shall not be entitled to assess Noncompliance Points shall be assessed on the date on which the breach or failure occurred. Each subsequent instance of a breach or failure assessed against the same line item in the Noncompliance Events Table will be treated as a separate under more than one assessment category for any particular Noncompliance Event. (d) 11.3.3 A failure by Developer to keep record of or report to IFA a Noncompliance Event as and when required under Section 11.2.1.1 or 11.2.1.2, on the one hand, and the subject Noncompliance Event, on the other hand, constitute separate and distinct breaches and failures to perform for the purpose of assessing Noncompliance Points. 11.3.4 The number of points listed in Attachment 1 of Exhibit 12 to this Agreement for any particular Noncompliance Event is the maximum number of Noncompliance Points that may be assessed for each event or circumstance that is a Noncompliance Event. IFA may, but is not obligated to, assess less than the maximum number of Noncompliance Points for any particular Noncompliance Event. 11.3.5 If a Noncompliance Event for which an a NCE Cure Period is provided in the Noncompliance Events Table (Category A or B) Attachment 1 of Exhibit 12 to this Agreement is not fully and completely cured within the applicable NCE Cure Period Period, then continuation of such Noncompliance Event beyond such NCE Cure Period shall be treated as a new and separate Noncompliance Event, without necessity for further noticeNotice, for the purpose of assessing Noncompliance Points. AdditionallyAccordingly, without further noticeNotice, (ia) a new cure period NCE Cure Period equal to the prior NCE Cure Period set forth in the Noncompliance Events Table shall apply commence upon expiration of the prior NCE Cure Period and (b) if applicable, a further Quarterly Noncompliance Adjustment under Exhibit 10 (Payment Mechanism) shall be made. Regardless of the continuing assessment of Noncompliance Points under this Section 11.3, IFA shall be entitled to exercise its step-in rights in accordance with Section 19.2.4 and, if applicable, its work suspension rights in accordance with Section 19.2.8, after expiration of the initial NCE Cure Period available to Developer. 11.3.6 For each Noncompliance Event identified by the assessment categories “A” and “B” in Attachment 1 of Exhibit 12 to this Agreement, provided that the Noncompliance Event is not cured, the Noncompliance Points shall first be assessed at the end of the first NCE Cure Period, and (ii) if applicable, additional Noncompliance Charges shall be assessed against DB Contractor again at the end of each subsequent NCE Cure Period, as described in accordance with Section 8 and deducted from the applicable monthly payment for the Maintenance Services11.3.5. 11.3.7 [reserved] 11.3.8 For each Noncompliance Event identified by the assessment category “C” in Attachment 1 of Exhibit 12 to this Agreement (e) For no applicable NCE Cure Period), the purpose Noncompliance Points will first be assessed on the date of assessing Noncompliance Points, a failure by DB Contractor to report to TxDOT and to keep an accurate record the initial Notice under Section 11.2. A different instance of a Noncompliance Event breach or failure having the same assessment category will be treated as and when required under Section 2.1 of this Exhibit 9 constitutes a distinct failure to perform separate from and in addition to the subject Noncompliance Event itself. (f) TxDOT may, but is not obligated to, assess fewer than the maximum number of Noncompliance Points for any particular new Noncompliance Event. 11.3.9 Any Noncompliance Points assessed prior to Substantial Completion shall be eliminated on the Substantial Completion Date, provided Developer has fully cured the Noncompliance Events relating to the assessment of such Noncompliance Points. If Developer has not fully cured the Noncompliance Event prior to Substantial Completion then upon such cure the Noncompliance Points assessed with respect to such Noncompliance Event shall be eliminated on the date on which the Noncompliance Event is cured.‌

Assessment of Noncompliance Points. If TxDOT is notified or otherwise becomes aware of a Noncompliance Event or if TxDOT serves a Notice of Determination under Section 2.2, TxDOT may assess Noncompliance Points in accordance with the Noncompliance Events Table, subject to the following: (a) For each Noncompliance Event for which an NCE Cure Period is identified in the Noncompliance Events Table (Category A or B), that is not a late, incomplete or defective Submittal, provided that the Noncompliance Event is not cured, Noncompliance Points shall first be assessed at the end of the first NCE Cure Period. (b) For each Noncompliance Event for which an NCE Cure Period is identified in the Noncompliance Events Table (Category A or B) that is a late, incomplete, or defective Submittal, Noncompliance DocuSign Envelope ID: 03C7621F-6C70-41BC-A3A1-69BF53A9BA57 Points shall first be assessed at the date of expiration of the time period or milestone event required by the CMC Documents for the Submittal. (c) For each Noncompliance Event for which there is no NCE Cure Period identified in the Noncompliance Events Table (Category C), Noncompliance Points shall be assessed on the date on which the breach or failure occurred. Each subsequent instance of a breach or failure assessed against the same line item in the Noncompliance Events Table will be treated as a separate Noncompliance Event. (d) If a Noncompliance Event for which an NCE Cure Period is provided in the Noncompliance Events Table (Category A or B) is not fully cured within the applicable NCE Cure Period then continuation of such Noncompliance Event beyond such NCE Cure Period shall be treated as a new and separate Noncompliance Event, without necessity for further notice, for the purpose of assessing Noncompliance Points. Additionally, without further notice, (i) a new cure period equal to the NCE Cure Period set forth in the Noncompliance Events Table shall apply upon expiration of the NCE Cure Period, and (ii) if applicable, additional Noncompliance Charges shall be assessed against DB Contractor in accordance with Section 8 and deducted from the applicable monthly payment for the Maintenance Services. (e) For the purpose of assessing Noncompliance Points, a failure by DB Contractor to report to TxDOT and to keep an accurate record of a Noncompliance Event as and when required under Section 2.1 of this Exhibit 9 constitutes a distinct failure to perform separate from and in addition to the subject Noncompliance Event itself. (f) TxDOT may, but is not obligated to, assess fewer than the maximum number of Noncompliance Points for any particular Noncompliance Event.