Points for Persistent DB Contractor Maintenance Default. 4.1 A Persistent DB Contractor Maintenance Default, entitling TxDOT to require submittal of DB Contractor’s remedial plan under Section 9, shall exist on any date during the Maintenance Period when: (a) 100 or more Noncompliance Points have been assessed in any consecutive 365-day period; or (b) 250 or more Noncompliance Points, cured or uncured, have been assessed in any consecutive 1,095-day period. For the purpose of this determination all assessed Noncompliance Points shall be included, regardless of whether the breaches or failures giving rise to the Noncompliance Event were cured.
4.2 The number of cured Noncompliance Points that would otherwise then be counted under Section 4.1 is subject to reduction in accordance with Section 9.
