Determination of Non-Compliance a. It will be the responsibility of Pace’s DBE Liaison Officer to monitor the compliance plan, as well as the fulfillment of any special conditions, work order goals, or other obligations of the contract as it pertains to the DBE program and DBE goals.
b. Prior to contract closeout, the DBE Liaison Officer shall determine whether a Contractor has complied with the obligations under its compliance plan and other related requirements. The Contractor has the burden of proving compliance with all obligations and requirements
c. If the Contractor fails to fulfill the requirements of the compliance plan or other compliance-related contractual obligation, Pace will notify the Contractor of the deficiencies. Following notification, the Contractor shall have sixty (60) days to cure the deficiencies. If the deficiencies are not cured, Pace shall make a determination of non-compliance and recommend the imposition of sanctions.
Determination of Non-Compliance. If the City Council finds and determines that Developer has not complied with the terms of this Agreement, and non- compliance may amount to a default if not cured, then the City may deliver a Default Notice pursuant to section 7.A of this Agreement. If the default is not cured in a timely manner by Developer, the City may terminate this agreement as provided in Section 7 of this Agreement and as provided under Applicable Law.
Determination of Non-Compliance. If the City Council finds and determines that Dance has not complied with the terms of this Agreement, and non- compliance may amount to a default if not cured, then the City may deliver a Default Notice pursuant to Section 8 of this Agreement. If the default is not cured in a timely manner by Dance, the City may terminate this Agreement as provided in Section 5 as provided under Applicable Law.
Determination of Non-Compliance. The Chief Executive Officer’s reasonable and documented determination regarding the existence of the failures listed above in Section 11.4 shall be binding on Concessionaire. Concessionaire may contest any Additional Fee, under Section 11.4(iii), imposed by delivery of notice to the Chief Executive Officer, whose sole decision on the matter shall be final. City’s failure to impose liquidated damages for any particular occurrence of a failure set forth above shall not constitute a continuing waiver or a waiver of any subsequent failures.
