Common use of Special Provisions for Certain Noncompliance Events Clause in Contracts

Special Provisions for Certain Noncompliance Events. 5.1 The provisions of this Section 5 apply to a Noncompliance Event identified in the Noncompliance Events Table that is directly attributable to a Force Majeure Event. 5.2 If any such Noncompliance Event occurs, then: (a) The applicable NCE Cure Period for any such Noncompliance Event shall be extended if such Noncompliance Event is not reasonably capable of being cured within the applicable NCE Cure Period solely due to the occurrence of such Force Majeure Event. The extension shall be for a reasonable period of time under the circumstances, taking into account the scope of the efforts necessary to cure, the effect of the Force Majeure Event on DB Contractor’s ability to cure, availability of temporary remedial measures, and the need for rapid action due to impact of the Noncompliance Event on safety or traffic movement; and (b) Regardless of which Party initiates notice of such Noncompliance Event, no Noncompliance Points shall be assessed, counted toward a Persistent DB Contractor Maintenance Default for purposes of Section 4, nor result in Noncompliance Charges under Section 8; provided, however, that the Noncompliance Event is cured within the applicable NCE Cure Period, as it may be extended pursuant to Section 5.2(a). 5.3 For the avoidance of doubt, for any Noncompliance Event directly attributable to a Force Majeure Event where DB Contractor is unable to comply with a requirement of the CMC Documents due to an ongoing Force Majeure Event, then solely during the period that such Force Majeure Event prevents compliance with such requirement, no Noncompliance Points or Noncompliance Charges will be assessed for such Noncompliance Event and DB Contractor shall be excused from performance of the underlying requirement.

Special Provisions for Certain Noncompliance Events. 5.1 The provisions of this Section 5 apply to a Noncompliance Event identified in the Noncompliance Events Table that is directly attributable to a Force Majeure Event. 5.2 If any such Noncompliance Event occurs, then: (a) The applicable NCE Cure Period for any such Noncompliance Event shall be extended if such Noncompliance Event is not reasonably capable of being cured within the applicable NCE Cure Period solely due to the occurrence of such Force Majeure Event. The extension shall be for a reasonable period of time under the circumstances, taking into account the scope of the efforts necessary to cure, the effect of the Force Majeure Event on DB Contractor’s ability to cure, availability of temporary remedial measures, and the need for rapid action due to impact of the Noncompliance Event on safety or traffic movement; and (b) Regardless of which Party initiates notice of such Noncompliance Event, no Noncompliance Points shall be assessed, counted toward a Persistent DB Contractor Maintenance Default Noncompliance for purposes of Section 4, nor result in Noncompliance Charges under Section 8; provided, however, that the Noncompliance Event is cured within the applicable NCE Cure Period, as it may be extended pursuant to Section 5.2(a). 5.3 For the avoidance of doubt, for any Noncompliance Event directly attributable to a Force Majeure Event where DB Contractor is unable to comply with a requirement of the CMC Documents due to an ongoing Force Majeure Event, then solely during the period that such Force Majeure Event prevents compliance with such requirement, no Noncompliance Points or Noncompliance Charges will be assessed for such Noncompliance Event and DB Contractor shall be excused from performance of the underlying requirement.

Special Provisions for Certain Noncompliance Events. 5.1 ‌ 11.6.1 The provisions of this Section 5 11.6 apply to a Noncompliance Event identified that has an assessment category of A or B as set forth in the Attachment 1 to Exhibit 12 (Noncompliance Events Table that Points System and Persistent Developer Default) and is directly attributable to to: 11.6.1.1 A Relief Event; or 11.6.1.2 Unexpected loss, disruption, break, explosion, leak or other damage of a Force Majeure EventUtility serving or in the vicinity of the Project but not within the maintenance responsibility of Developer (a “Utility incident”). 5.2 11.6.2 If any such Noncompliance Event occurs, then: (a) 11.6.2.1 The applicable NCE Cure Period for any such Noncompliance Event shall be extended if such Noncompliance Event is not reasonably capable of being cured within the applicable NCE Cure Period solely due to the occurrence of such Force Majeure EventRelief Event or Utility incident. The extension shall be for a reasonable period of time under the circumstances, taking into account the scope of the efforts necessary to cure, the effect of the Force Majeure Relief Event or Utility incident on DB ContractorDeveloper’s ability to cure, availability of temporary remedial measures, and the need for rapid action due to impact of the Noncompliance Event on safety or traffic movement; and; (b) Regardless of which Party initiates notice of such Noncompliance Event, no Noncompliance Points 11.6.2.2 It shall not be assessed, counted toward a Persistent DB Contractor Maintenance Developer Default for purposes of Section 42.1 or 2.2 of Exhibit 12 (Noncompliance Points System and Persistent Developer Default), nor result in Noncompliance Charges under Section 8; provided, however, that provided the Noncompliance Event is cured within the applicable NCE Cure Period, as it may be extended pursuant to Section 5.2(a).11.6.2.1; 5.3 For the avoidance 11.6.2.3 Regardless of doubt, for any which Party initiates Notice of such Noncompliance Event directly attributable to a Force Majeure Event where DB Contractor is unable to comply with a requirement of the CMC Documents due to an ongoing Force Majeure Event, then solely during the period that such Force Majeure Event prevents compliance with such requirement, no Noncompliance Points or Noncompliance Charges will shall be assessed for if Developer cures such Noncompliance Event and DB Contractor within the applicable NCE Cure Period, as it may be extended pursuant to Section 11.6.2.1; and 11.6.2.4 Such Noncompliance Event shall not result in monetary deductions under Section 11.5 if the Noncompliance Event is cured within the applicable NCE Cure Period, as it may be excused from performance of the underlying requirementextended pursuant to Section 11.6.2.1.

Special Provisions for Certain Noncompliance Events. 5.1 The provisions of this Section 5 apply to a Noncompliance Event identified in the Noncompliance Events Table that is directly attributable to a Force Majeure Event. 5.2 If any such Noncompliance Event occurs, then: (a) The applicable NCE Cure Period for any such Noncompliance Event shall be extended if such Noncompliance Event is not reasonably capable of being cured within the applicable NCE Cure Period solely due to the occurrence of such Force Majeure Event. The extension shall be for a reasonable period of time under the circumstances, taking into account the scope of the efforts necessary to cure, the effect of the Force Majeure Event on DB Contractor’s ability to cure, availability DocuSign Envelope ID: 03C7621F-6C70-41BC-A3A1-69BF53A9BA57 of temporary remedial measures, and the need for rapid action due to impact of the Noncompliance Event on safety or traffic movement; and (b) Regardless of which Party initiates notice of such Noncompliance Event, no Noncompliance Points shall be assessed, counted toward a Persistent DB Contractor Maintenance Default for purposes of Section 4, nor result in Noncompliance Charges under Section 8; provided, however, that the Noncompliance Event is cured within the applicable NCE Cure Period, as it may be extended pursuant to Section 5.2(a). 5.3 For the avoidance of doubt, for any Noncompliance Event directly attributable to a Force Majeure Event where DB Contractor is unable to comply with a requirement of the CMC Documents due to an ongoing Force Majeure Event, then solely during the period that such Force Majeure Event prevents compliance with such requirement, no Noncompliance Points or Noncompliance Charges will be assessed for such Noncompliance Event and DB Contractor shall be excused from performance of the underlying requirement.