Common use of Noncompliance Charges Clause in Contracts

Noncompliance Charges. 12.4.1 Upon assessment of the tenth Noncompliance Point pursuant to Section 18.3, and upon assessment of each additional ten Noncompliance Point pursuant to Section 18.3, TxDOT shall be entitled to immediate and automatic Noncompliance Charges from DB Contractor in an amount equal to $70,000 (such amount calculated at a rate of $7,000 per Noncompliance Point). 12.4.2 Noncompliance Charges per Noncompliance Point shall be increased commencing on the Substantial Completion Deadline and annually thereafter throughout the Maintenance Period by the percentage based on CPI set forth in Section 8.1.3.1 (provided that the comparison CPI shall be that published for the month three months prior to the month in which the Substantial Completion Deadline occurs and three months before each anniversary of such month thereafter). In no event shall the amount be less than the amount in effect during the

Noncompliance Charges. 12.4.1 Upon assessment of the tenth Noncompliance Point pursuant to Section 18.319.3, and upon assessment of each additional ten Noncompliance Point pursuant to Section 18.319.3, TxDOT shall be entitled to immediate and automatic Noncompliance Charges from DB Contractor in an amount equal to $70,000 (such amount calculated at a rate of $7,000 per Noncompliance Point). 12.4.2 Noncompliance Charges per Noncompliance Point shall be increased commencing on the Substantial Completion Deadline and annually thereafter throughout the Maintenance Period by the percentage based on CPI set forth in Section 8.1.3.1 (provided that the comparison CPI shall be that published for the month three months prior to the month in which the Substantial Completion Deadline occurs and three months before each anniversary of such month thereafter). In no event shall the amount be less than the amount in effect during the