Noncompliance Points System Sample Clauses

Noncompliance Points System. 1.1 Certain DB Contractor’s failures to perform and breaches of its contractual obligations under the CMC Documents during the Maintenance Period in relation to the Maintenance Services constitute Noncompliance Events (NCEs) that may result in the assessment of Noncompliance Points. The table set forth in Attachment 1 to this Exhibit 9 identifies each Noncompliance Event, the points assessed per event and the NCE Cure Period (if any) available to DB Contractor for each Noncompliance Event (the “Noncompliance Events Table”). Noncompliance Points are a system to measure DB Contractor performance and trigger the remedies set forth or referenced in this Exhibit 9.
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Noncompliance Points System. 6.1.1 Section 4 of Division II sets forth tables for the identification of Noncompliance and the Cure Period (if any) available to Developer for each such Noncompliance. Noncompliance Points are a system to measure Developer performance levels during the design, construction and operations and maintenance phases of the Project and trigger the remedies set forth in this Article 6.
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Noncompliance Points System. 11.1.1 Tables 7.1 and 7.2 in Exhibit 7 (Non-Compliance Points Tables) identify certain Developer breaches or failures in performance of obligations under the Project Documents (each, a “Noncompliance Event”).
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Noncompliance Points System. (a) Schedule 7 (Noncompliance Points Table) identifies certain Development Entity obligations, the breach or failure in performance of which under the Project Documents shall generate Noncompliance Points (each, a Noncompliance Event).
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Noncompliance Points System. ‌ 11.1.1 Attachment 12-1 of Exhibit 12 to the Agreement sets forth a table for the identification of Noncompliance Events and the Cure Period (if any) available to Developer for each such Noncompliance Event. Noncompliance Points are a system to measure Developer performance levels and trigger the remedies set forth or referenced in this Article 11. The inclusion in Attachment 12-1 of Exhibit 12 to the Agreement of a breach or failure to perform bears no implication as to whether the breach or failure is material.
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Noncompliance Points System. Appendix 9 sets forth a table identifying Developer breaches or failures in performance of obligations under the Contract Documents including the Performance Standards (each, a “Noncompliance”) that may result in the assessment of Noncompliance Points and any cure periods (including any Temporary Cure Periods, Permanent Cure Periods and Fast Cure Periods, as applicable) available to Developer for each such Noncompliance. Noncompliance Points are a system to measure Developer performance levels during the concessions operations and O&M phases of the Project and trigger the remedies set forth in this Article 8. To the extent that a particular breach or failure of obligation under the Contract Documents may constitute more than one event of Noncompliance, such breach or failure shall be deemed to be solely the event of Noncompliance to which the greatest number of Noncompliance Points applies. 8.2 Assessment, Notification and Cure Process 8.2.1 Notification Initiated by Developer As an integral part of Developer’s self-monitoring and self-monitoring obligations, Developer shall notify the Owner of the occurrence of any Noncompliance in accordance with the procedures set forth in Appendix 9-B.
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Related to Noncompliance Points System

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