Notification of Cure. 2.4.1. When DB Contractor determines that it has completed the cure of any Noncompliance Event, DB Contractor shall enter in the electronic database, a record that it has completed the cure, a brief description of the cure, and any modifications to the Maintenance Management Plan to protect against future similar Noncompliance Events.
2.4.2. Thereafter, TxDOT shall have the right, but not the obligation, to inspect to verify completion of the cure. If satisfied that the Noncompliance Event is fully cured, TxDOT shall deliver to DB Contractor a Notice of Determination with its acceptance or rejection of the cure either by entry into the electronic database or in a separate writing within a reasonable time after DB Contractor’s notice of cure. If TxDOT has not provided a Notice of Determination within seven days after TxDOT’s receipt of DB Contractor’s notice of cure, DB Contractor shall enter into the electronic database that the item is pending TxDOT action. If TxDOT has not provided such notice of its acceptance or rejection within a further seven days, DB Contractor shall not be assessed any further Noncompliance Points for the Noncompliance Event, but the cure shall not be deemed accepted or rejected until TxDOT provides the Notice of Determination. If TxDOT issues a Notice of Determination with its acceptance of a cure., the cure is effective as of the date of DB Contractor’s notice of cure described in Section 2.4.1.
2.4.3. Subject to the time restrictions in this Section 2, TxDOT may reject DB Contractor’s notice of cure if TxDOT determines that DB Contractor has not fully cured the Noncompliance Event or if TxDOT cannot determine if DB Contractor has fully cured the Noncompliance Event. Upon making this determination, TxDOT shall deliver a Notice of Determination to DB Contractor rejecting the cure either by entry into the electronic database or in a separate writing. Any Dispute regarding rejection of cure shall be resolved according to the dispute resolution procedures set forth in this Capital Maintenance Contract.
Notification of Cure. When the Concessionaire determines it has cured any breach or failure for which the Department has assessed Non-Compliance Points, the Concessionaire shall deliver written notice to the Department. The Concessionaire’s written notice shall identify the breach or failure at issue and describe what steps were undertaken to cure it. The Department or its designee shall then promptly verify the cure through inspection or other means and provide to the Department a written certification of cure. The Department retains the right to verify independently that the breach or failure in performance has in fact been cured.
Notification of Cure. When the Developer determines it has cured any breach or failure for which the Department has assessed Non-Compliance Points, the Developer will deliver written notice to the Department. The Developer’s written notice will identify the breach or failure at issue and describe what steps were undertaken to cure it. The Department or its designee will then promptly verify the cure through inspection or other means and provide to the Developer a written certification of cure. The Department retains the right to verify independently that the breach or failure in performance has in fact been cured.
Notification of Cure. When Developer determines that it has completed cure of any Noncompliance for which it is being assessed Noncompliance Points, Developer shall enter into the electronic data base, as well as in the next O&M Monthly Report (or more frequent report) notice identifying the Noncompliance, stating that Developer has completed cure and briefly describing the cure. The O&M Monthly Report (or more frequent report) also shall describe any modifications to the Project Management Plan and Quality Plan under consideration or made to protect against future similar Noncompliance. Thereafter, the Department shall have the right, but not the obligation, to inspect to verify completion of the cure and shall, if it verifies completion of the cure, deliver to Developer a certification of cure either by entry into the data base or in a separate writing. The Department may reject any Developer notice of cure if the Department determines that Developer has not cured the Noncompliance. Upon making this determination, the Department shall deliver a written notice of rejection to Developer either by entry into the data base or in a separate writing. Any Dispute regarding rejection of cure shall be resolved according to the Dispute Resolution Procedures.
Notification of Cure. (a) When the Concessionaire determines it has cured any breach or failure classified as “Category A”, “Category B” or “Category D” in Exhibit H for which the Concessionaire has issued the Concessionaire’s Initial Notice or received the Department’s Initial Notice pursuant to Section 11.01(b), the Concessionaire shall deliver a written certification of cure to the Department within five days of its determination. The Concessionaire’s written certification of cure shall identify the breach or failure at issue and describe, with specificity, what steps were undertaken to cure it.
(b) The Department, if it so elects, shall then promptly verify the cure through inspection or other means and once verified provide to the Concessionaire a written certification of cure. If applicable, the Department’s written certification of cure shall set forth the total number of cured Performance Points assessed to the Concessionaire for each such breach or failure to perform.
Notification of Cure. When Developer determines that it has completed cure of any Noncompliance for which it is being assessed Noncompliance Points, Developer shall deliver written notice to the Department identifying the Noncompliance, stating that Developer has completed cure and briefly describing the cure, including any modifications to the Project Management Plan and Quality Plan to protect against future similar Noncompliance. Thereafter, the Department shall promptly inspect to verify completion of the cure and shall, if it verifies completion of the cure, deliver to Developer a written certification of cure. The Department may, via written notice of rejection, reject any Developer notice of cure if it determines that Developer has not cured the Noncompliance and shall, upon making this determination, deliver a written notice of rejection to Developer. Any Dispute regarding certification or non-certification of cure shall be resolved according to the Dispute Resolution Procedures.
Notification of Cure. (a) When the Concessionaire determines it has cured a Performance Shortfall classified as “Category A” or “Category B” in the Non-Compliance Points Table for which the Department has assessed Non-Compliance Points, the Concessionaire will deliver written notice of cure to the Department within five Days of its determination. The Concessionaire’s written notice of cure will identify the Performance Shortfall at issue and describe what steps were undertaken to cure it.
(b) The Department will then promptly verify the cure through inspection or other means and provide to the Concessionaire a written certification of cure. If, following such inspection or other process, the Department determines that the Concessionaire has not adequately cured the notice of the continued Performance Shortfall and Non-Compliance Points will continue to accumulate in respect of such Performance Shortfall. If applicable, the Department’s written certification of cure will set forth the total number of cured Non- Compliance Points assessed to the Concessionaire for each Performance Shortfall.
Notification of Cure. 11.2.4.1 When Developer determines that it has completed cure of any Noncompliance Event for which it is being assessed Noncompliance Points, Developer shall enter in the electronic data base, as well as in the next Operations Report (or more frequent report), Notice identifying the Noncompliance Event, stating that Developer has completed cure and briefly describing the cure, including any modifications to the Project Management Plan to protect against future similar Noncompliance Events.
11.2.4.2 Thereafter, IFA shall have the right, but not the obligation, to inspect to verify completion of the cure. If satisfied that the Noncompliance Event is fully cured, IFA shall deliver to Developer a certification of cure either by entry into the data base or in a
11.2.4.3 IFA may reject any Developer Notice of cure if IFA determines that Developer has not fully cured the Noncompliance Event. Upon making this determination, IFA shall deliver a written Notice of rejection to Developer either by entry into the data base or in a separate writing. Any Dispute regarding rejection of cure shall be resolved according to the Dispute Resolution Procedures.
Notification of Cure. When Developer determines that it has completed cure of any Noncompliance, Developer shall deliver notice thereof to the Owner in accordance with Appendix 9-A and the Parties shall follow the procedures set forth therein.
Notification of Cure.
11.2.5.1 When Developer determines that it has completed cure of any Noncompliance Event for which it is being assessed Noncompliance Points, Developer shall enter in the electronic data base, as well as in the next Operations Report (or more frequent report), Notice identifying the Noncompliance Event, stating that Developer has completed cure and briefly describing the cure, including any modifications to the Project Management Plan to protect against future similar Noncompliance Events.
11.2.5.2 Thereafter, IFA shall have the right, but not the obligation, to inspect to verify completion of the cure. If satisfied that the Noncompliance Event is fully cured, IFA shall deliver to Developer a certification of cure either by entry into the data base or in a separate writing within a reasonable time from the date that IFA has completed its inspection to verify completion of the cure.
11.2.5.3 IFA may reject any Developer Notice of cure if IFA determines that Developer has not fully cured the Noncompliance Event. Upon making this determination, IFA shall deliver a Notice of rejection to Developer either by entry into the data base or in a separate writing. Any Dispute regarding rejection of cure shall be resolved according to the Dispute Resolution Procedures.
