Common use of Increased Monitoring Clause in Contracts

Increased Monitoring. If the Concessionaire is assessed 135 or more Performance Points during any 365 day cycle or maintains 30 (or any higher applicable number during the phase-in period) or more uncured Performance Points at any time as described in Section 8.16(d), the Department may increase the level of monitoring of the Project in accordance with Section 10.03. The Concessionaire shall compensate the Department for its Allocable Costs incurred as a result of such increased level of monitoring. The Concessionaire may submit a cure plan describing specific actions the Concessionaire will undertake to improve its performance and avoid the need for increased monitoring, which the Department may accept or reject.

Increased Monitoring. If the Concessionaire is assessed 135 or more Performance Non- Compliance Points during any 365 day cycle or maintains 30 (or any higher applicable number during the phase-in period) or more uncured Performance Non-Compliance Points at any time as described in Section 8.16(d), the Department may increase the level of monitoring of the Project in accordance with Section 10.03. The Concessionaire shall compensate the Department for its Allocable Costs incurred as a result of such increased level of monitoring. The Concessionaire may submit a cure plan describing specific actions the Concessionaire will undertake to improve its performance and avoid the need for increased monitoring, which the Department may accept or reject.