Common use of Notification of Cure Clause in Contracts

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. 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. 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 . The cure is shall be deemed effective as of the date of DB Contractor’s notice of cure described in Section 2.4.12.4.2. 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.