Common use of Noncompliance Points System Clause in Contracts

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. 1.2 The persistent accumulation of Noncompliance Points may also result in a Persistent DB Contractor Maintenance Default calculated in accordance with Section 4. 1.3 The inclusion in the Noncompliance Events Table of a breach or failure to perform bears no implication as to whether such breach or failure to perform constitutes a material breach.

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. 1.2 The persistent accumulation of Noncompliance Points may also result in a Persistent DB Contractor Maintenance Default Noncompliance calculated in accordance with Section 4. 1.3 The inclusion in the Noncompliance Events Table of a breach or failure to perform bears no implication as to whether such breach or failure to perform constitutes a material breach.

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 10 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 910. 1.2 The persistent accumulation of Noncompliance Points may also result in a Persistent DB Contractor Maintenance Default calculated in accordance with Section 4. 1.3 The inclusion in the Noncompliance Events Table of a breach or failure to perform bears no implication as to whether such breach or failure to perform constitutes a material breach.