Non-Compliance Point System Sample Clauses

Non-Compliance Point System. (a) Description of the System (i) Exhibit T to this Agreement sets forth a table for the identification of certain Concessionaire breaches or failures to perform its obligations under this Agreement that may result in the assessment by the Department of Non-Compliance Points. The Non- Compliance Points system is used by the Department to measure the Concessionaire’s performance levels and the accumulation of Non-Compliance Points by the Concessionaire may trigger the remedies set forth or referenced in this Section 8.16. This Section 8.16 shall apply only during the Operating Period. The inclusion in Exhibit T of a breach or failure to perform shall not determine whether such breach or failure is material. (ii) The Department may exercise any of its remedies under this Section 8.16 without prejudice to any other rights or remedies it has under this Agreement. (iii) If the Department determines any breach or failure described in Exhibit T has occurred, the Department shall within five days of its determination deliver to the Concessionaire written notice thereof describing the breach or failure in reasonable detail. Within five days of receipt of the Department’s notice, the Concessionaire shall investigate the Department’s claim and provide a written report as to whether the breach or failure in performance has in fact occurred and describing any mitigating factors. Within 10 days after receiving the Concessionaire’s report, the Department shall deliver to the Concessionaire a written determination setting forth the number of Non-Compliance Points, if any, the Department, in its sole discretion, has assessed to the Concessionaire.