Non-Compliance Deduction. (i) A Non-Compliance Deduction will be made for any Payment Period in which TxDOT is assessed Non-Compliance Points in respect of such Payment Period. The Non-Compliance Deduction shall be payable as a monthly adjustment in accordance with Section 6(i). The Non-Compliance Deduction will be calculated as follows (and an example of the calculation of the Non-Compliance Deduction is attached hereto as Attachment 9): Non-Compliance Deduction n,m = Monthly Non-Compliance Deduction (Year n = 1 to Month m = 1 to 12) Where: and n,m Monthly Non-Compliance = Monthly Non-Compliance Reduction Deduction n,m Percent x TxDOT Compensation n,m The percent reduction to the TxDOT Monthly Non-Compliance = Compensation associated with the Reduction Percent Non-Compliance Points for Month m as identified in Table 6(f)-1 below Base Transaction Fees for Period n,m + Variable Transaction Fees for TxDOT Compensation n,m = Period n,m; or the Cost Plus Transaction Fees for Period n,m, as the case may be Table 6(f)-1 – Monthly Non-Compliance Reduction Percent Non-Compliance Points for Period n,m Monthly Non-Compliance Reduction Percent for Period n,m 0 to 16 0% 17 to 24 2% 25 to 33 8% 34 to 44 20% 45 or more 35%
Non-Compliance Deduction. Section 7 is due until the date such payment is made to Developer. Interest at a rate equal to the LIBOR in effect on the first day of Month m in Year n plus 400 basis points
