Non-Compliance Points System Clause Samples

Non-Compliance Points System. 104 Section 11.02 Assessment of Non-Compliance Points and Cure Periods ............................105 Section 11.03 Notification of Cure .......................................................................................106 Section 11.04 Accumulation of Non-Compliance Points .....................................................106 Section 11.05 Impact of Non-Compliance Points .................................................................107 Section 11.06 Disputes Regarding the Assessment of Non-Compliance Points ..................108

Non-Compliance Points System. (a) The Non-Compliance Points Table attached as Exhibit W sets forth a table for the identification of certain Concessionaire acts, omissions, breaches or failures to perform its obligations under this Agreement (each such omission, breach or failure, a “Performance Shortfall”) 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. The accumulation of Non-Compliance Points by the Concessionaire may trigger the remedies set forth or referenced in this Article 11 and in Article 19. (b) The inclusion in the Non-Compliance Points Table of a Performance Shortfall will not determine whether such breach or failure is material. (c) The Department may exercise any of its remedies under this Article 11 without prejudice to any other rights or remedies it has pursuant to this Agreement, including the right of the Department to declare a Concessionaire Default. (d) The Non-Compliance Points Table contains a representational, but not exhaustive, list of Performance Shortfalls possible under this Agreement. Accordingly, subject to Section 11.01(e), the Department may from time to time add any entry to such table describing a Performance Shortfall under this Agreement that was not previously included in such table, establishing the Non-Compliance Points applicable to such Performance Shortfall and setting a cure period after consultation with the Concessionaire. The Department will notify the Concessionaire in writing whenever the Department proposes to make such additions to the Non-

Non-Compliance Points System. (a) The Non-Compliance Points Table attached as Exhibit W sets forth a table for the identification of certain Concessionaire acts, omissions, breaches or failures to perform its obligations under this Agreement (each such omission, breach or failure, a “Performance Shortfall”) 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. The accumulation of Non-Compliance Points by the Concessionaire may trigger the remedies set forth or referenced in this Article 11 and in Article 19. EXECUTION VERSION – DECEMBER 5, 2011 (b) The inclusion in the Non-Compliance Points Table of a Performance Shortfall will not determine whether such breach or failure is material. (c) The Department may exercise any of its remedies under this Article 11 without prejudice to any other rights or remedies it has pursuant to this Agreement, including the right of the Department to declare a Concessionaire Default.

Non-Compliance Points System. (a) The DB Contractor acknowledges that under the CA, certain Concessionaire acts, omissions, breaches or failures to perform its obligations under the CA (each such omission, breach or failure, a “Performance Shortfall”) 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. The accumulation of Non-Compliance Points by the Concessionaire may trigger the remedies set forth or referenced in Articles 11 and 19 of the CA. (b) The DB Contractor hereby agrees that if the assessment of Non- Compliance Points by the Department is a result of, or is contributed to by, the failure of the DB Work to conform with the requirements of this Agreement, then (A) until the expiration of the applicable Warranty Period with respect to the affected portion of the Project, in exercising its rights under Section 8.11(b)(i) the Concessionaire may require the DB Contractor to expeditiously correct and rectify (at no cost to the Concessionaire) any deficient DB Work or DB Defects or (B) until the end of the period set forth in Section 8.11(b)(ii) with respect to the affected portion of the Project, in exercising its rights under Section 8.11(b)(ii) the Concessionaire may require the DB Contractor to expeditiously rectify (at no cost to the Concessionaire) any Latent Defects. If the DB Contractor fails to act within a reasonable period, the Concessionaire may order work by other contractors to correct or rectify such deficient DB Work, DB Defects or Latent Defects), which costs shall be reimbursed by the DB Contractor on demand, in each case subject to the DB Contractor’s rights to dispute the existence of deficient DB Work, DB Defects or Latent Defects as provided in Section 8.11(b). The DB Contractor shall not have additional liability for the assessments of Non-Compliance Points. (c) [Not used] (d) [Not used]

Non-Compliance Points System. 60 Section 11.02 Assessment of Non-Compliance Points .............................................62

Non-Compliance Points System. 104 Section 11.01