Increased Oversight, Testing and Inspection. 6.6.1 If at any time (a) Developer is assessed more than [50] Noncompliance Points in any one year period; (b) more than [100] Noncompliance Points in any [three] year period; or (c) Developer accumulates more than [75] instances of Noncompliance included in Appendix 5, as it may be amended, in any [three] year period, then, in addition to other remedies available under the Contract Documents, the Department shall be entitled, at Developer’s expense, to increase the level of monitoring, inspection, sampling, measuring, testing, auditing and oversight of the Project and Developer’s compliance with its obligations under this Agreement, to such level as the Department sees fit, until such time as Developer has demonstrated to the reasonable satisfaction of the Department that Developer: 6.6.1.1 Has reduced the number of Noncompliance Points below the threshold triggering such heightened scrutiny; 6.6.1.2 Is diligently pursuing cure of all other instances of Noncompliance that have resulted in assessment of Noncompliance Points, has a written plan on how to cure the instances of Noncompliance, and has a deadline by which it will remedy each instance of Noncompliance; 6.6.1.3 Has cured any then-existing Developer Defaults, except a Developer Default based on a Persistent Developer Noncompliance; and 6.6.1.4 Will perform and is capable of performing its obligations under the Contract Documents. 6.6.2 The foregoing does not preclude the Department, at its sole discretion and expense, from increasing its level of monitoring, inspection, sampling, measuring, testing, auditing and oversight at other times.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Increased Oversight, Testing and Inspection. 6.6.1
6.8.1 If at any time (a) Developer is assessed more than [50] 170 Noncompliance Points in any one year consecutive 365-day period; (b) Developer is assessed more than [100] 425 Noncompliance Points in any [three] year consecutive 1095-day period; or (c) Developer accumulates more than [75] 30 instances of Noncompliance included in Appendix 5Long Cure Priority Noncompliance, as it may be amendedcured or uncured, in any [three] year consecutive 1095-day period, then, in addition to other remedies available under the Contract Documents, the Department shall be entitled, at Developer’s expense, to increase the level of monitoring, inspection, sampling, measuring, testing, auditing and oversight of the Project and Developer’s compliance with its obligations under this Agreementthe Contract Documents, to such level as the Department sees fit, until such time as Developer has demonstrated to the reasonable satisfaction of the Department that Developer:
6.6.1.1 6.8.1.1 Has reduced the number of Noncompliance Points below the threshold triggering such heightened scrutiny;
6.6.1.2 6.8.1.2 Is diligently pursuing cure of all other instances of Noncompliance that have resulted in assessment of Noncompliance Points, has a written plan on how to cure the instances of Noncompliance, and has a deadline by which it will remedy each instance of Noncompliance;
6.6.1.3 6.8.1.3 Has cured any then-existing Developer Defaults, except a Developer Default based on a Persistent Developer Noncompliance; and
6.6.1.4 6.8.1.4 Will perform and is capable of performing its obligations under the Contract Documents.
6.6.2 6.8.2 The foregoing does not preclude the Department, at its sole discretion and expense, from increasing its level of monitoring, inspection, sampling, measuring, testing, auditing and oversight at other times.
Appears in 1 contract
Samples: Public Private Partnership Agreement
Increased Oversight, Testing and Inspection. 6.6.1 6.8.1 If at any time (a) Developer is assessed more than [50] 170 Noncompliance Points in any one year consecutive 365-day period; (b) Developer is assessed more than [100] 425 Noncompliance Points in any [three] year consecutive 1095-day period; or (c) Developer accumulates more than [75] 30 instances of Noncompliance included in Appendix 5Long Cure Priority Noncompliance, as it may be amendedcured or uncured, in any [three] year consecutive 1095-day period, then, in addition to other remedies available under the Contract Documents, the Department shall be entitled, at Developer’s expense, to increase the level of monitoring, inspection, sampling, measuring, testing, auditing and oversight of the Project and Developer’s compliance with its obligations under this Agreementthe Contract Documents, to such level as the Department sees fit, until such time as Developer has demonstrated to the reasonable satisfaction of the Department that Developer:
6.6.1.1 6.8.1.1 Has reduced the number of Noncompliance Points below the threshold triggering such heightened scrutiny;
6.6.1.2 6.8.1.2 Is diligently pursuing cure of all other instances of Noncompliance that have resulted in assessment of Noncompliance Points, has a written plan on how to cure the instances of Noncompliance, and has a deadline by which it will remedy each instance of Noncompliance;
6.6.1.3 6.8.1.3 Has cured any then-existing Developer Defaults, except a Developer Default based on a Persistent Developer Noncompliance; and
6.6.1.4 6.8.1.4 Will perform and is capable of performing its obligations under the Contract Documents.
6.6.2 6.8.2 The foregoing does not preclude the Department, at its sole discretion and expense, from increasing its level of monitoring, inspection, sampling, measuring, testing, auditing and oversight at other times.
Appears in 1 contract
Samples: Public Private Partnership Agreement
Increased Oversight, Testing and Inspection. 6.6.1
6.8.1 If at any time (a) Developer is assessed more than [50] 170 Noncompliance Points in any one year consecutive 365-day period; (b) Developer is assessed more than [100] 425 Noncompliance Points in any [three] year consecutive 1095-day period; or (c) Developer accumulates more than [75] 30 instances of Noncompliance included in Appendix 5Long Cure Priority Noncompliance, as it may be amendedcured or uncured, in any [three] year consecutive 1095-day period, then, in addition to other remedies available under the Contract Documents, the Department shall be entitled, at Developer’s expense, to increase the level of monitoring, inspection, sampling, measuring, testing, auditing and oversight of the Project and Developer’s compliance with its obligations under this Agreementthe Contract Documents, to such level as the Department sees fit, until such time as Developer has demonstrated to the reasonable satisfaction of the Department that Developer:
6.6.1.1 6.8.1.1 Has reduced the number of Noncompliance Points below the threshold triggering such heightened scrutiny;
6.6.1.2 6.8.1.2 Is diligently pursuing cure of all other instances of Noncompliance that have resulted in assessment of Noncompliance Points, has a written plan on how to cure the instances of Noncompliance, and has a deadline by which it will remedy each instance of Noncompliance;
6.6.1.3 6.8.1.3 Has cured any then-existing Developer Defaults, except a Developer Default based on a Persistent Developer Noncompliance; and
6.6.1.4 6.8.1.4 Will perform and is capable of performing its obligations under the Contract Documents.
6.6.2 6.8.2 The foregoing does not preclude the Department, at its sole discretion and expense, from increasing its level of monitoring, inspection, sampling, measuring, testing, auditing and oversight at other times.
Appears in 1 contract
Samples: Public Private Partnership Agreement
