Common use of The Remedial Plan Clause in Contracts

The Remedial Plan. (i) If the Developer is assessed 225 or more Non-Compliance Points during any 365 Day cycle or maintains 100 or more uncured Non-Compliance Points at any time as described in Section 11.04, the Department may require the Developer to prepare and submit a remedial plan for the Department’s approval. The remedial plan will be delivered to the Department within 30 Days of its request. The remedial plan will set forth a schedule and describe specific actions the Developer will undertake to improve its performance as demonstrated by its incurring no additional Non-Compliance Points and by reducing the total number of uncured Non-Compliance Points it has accumulated to date. Such actions may include but are not limited to improvements to the Developer’s quality management practices, plans and procedures; changes in its organizational and management structures; increased monitoring and inspections; changes in key personnel; and the replacement of subcontractors. (ii) If, after 180 Days following the implementation of the remedial plan, the Developer can demonstrate that: (1) the remedial plan has reduced the number and frequency of Non-Compliance Points assessed as compared to the period prior to the implementation of the remedial plan; (2) the Developer is complying in all material respects with the course of action described in the remedial plan; and (3) the Developer has no uncured Non-Compliance Points, then the total number of Non-Compliance Points assessed over the course of the 180 Day period will be reduced by 50%. If the rolling 365 Day cycle described in Section 11.04(b) ends at any time during the 180 Day period described herein, the total number of Non-Compliance Points the Developer has cured during that 365 Day cycle will carry over to the next 365 Day cycle. However, if the total number of Non-Compliance Points assessed over the course of the 180 Day period is reduced by 50% as described above, the total number of previously cured Non- Compliance Points that were carried over also will be subtracted from the Developer’s cumulative total number of assessed Non-Compliance Points.

The Remedial Plan. (iA) If the Developer Concessionaire is assessed 225 200 or more Non-Compliance Performance Points during any 365 Day day cycle or maintains 100 45 (or any higher applicable number during the phase-in period) or more uncured Non-Compliance Performance Points at any time as described in Section 11.048.16(d), the Department may require the Developer Concessionaire to prepare and submit a remedial plan for the Department’s approval. The remedial plan will shall be delivered to the Department within 30 Days 45 days of its request. The remedial plan will shall set forth a schedule and describe specific actions the Developer Concessionaire will undertake to improve its performance as demonstrated by its incurring no additional Non-Compliance Performance Points and by reducing the total number of uncured Non-Compliance Performance Points it has accumulated to date. Such actions may include but are not limited to improvements to the DeveloperConcessionaire’s quality management practices, plans and procedures; changes in its organizational and management structures; increased monitoring and inspections; changes in key personnel; and the replacement of subcontractors. (iiB) If, after 180 Days days following the implementation of the remedial plan, the Developer Concessionaire can demonstrate that: (1) the remedial plan has reduced the number and frequency of Non-Compliance Performance Points assessed as compared to the period prior to the implementation of the remedial plan; (2) the Developer Concessionaire is complying in all material respects with the course of action described in the remedial plan; and (3) the Developer Concessionaire has no uncured Non-Compliance Performance Points, then the total number of Non-Compliance Performance Points assessed over the course of the 180 Day day period will shall be reduced by 50%. If the rolling 365 Day day cycle described in Section 11.04(b8.16(d)(ii) ends at any time during the 180 Day day period described herein, the total number of Non-Compliance Performance Points the Developer Concessionaire has cured during that 365 Day day cycle will shall carry over to the next 365 Day day cycle. However, if the total number of Non-Compliance Performance Points assessed over the course of the 180 Day day period is reduced by 50% as described above, the total number of previously cured Non- Compliance Performance Points that were carried over also will shall be subtracted from the DeveloperConcessionaire’s cumulative total number of assessed Non-Compliance Performance Points.

The Remedial Plan. (i) If the Developer is assessed 225 [•] or more Non-Compliance Points during any 365 Day cycle or maintains 100 [•] or more uncured Non-Compliance Points at any time as described in Section 11.04, the Department may require the Developer to prepare and submit a remedial plan for the Department’s approval. The remedial plan will be delivered to the Department within 30 [45] Days of its request. The remedial plan will set forth a schedule and describe specific actions the Developer will undertake to improve its performance as demonstrated by its incurring no additional Non-Compliance Points and by reducing the total number of uncured Non-Compliance Points it has accumulated to date. Such actions may include but are not limited to improvements to the Developer’s quality management practices, plans and procedures; changes in its organizational and management structures; increased monitoring and inspections; changes in key personnel; and the replacement of subcontractors. (ii) If, after 180 [180] Days following the implementation of the remedial plan, the Developer can demonstrate that: (1) the remedial plan has reduced the number and frequency of Non-Compliance Points assessed as compared to the period prior to the implementation of the remedial plan; (2) the Developer is complying in all material respects with the course of action described in the remedial plan; and (3) the Developer has no uncured Non-Compliance Points, then the total number of Non-Compliance Points assessed over the course of the 180 [180] Day period will be reduced by 50%[50]%. If the rolling 365 Day cycle described in Section 11.04(b) ends at any time during the 180 [180] Day period described herein, the total number of Non-Compliance Points the Developer has cured during that 365 Day cycle will carry over to the next 365 Day cycle. However, if the total number of Non-Compliance Points assessed over the course of the 180 [180] Day period is reduced by 50% [50]% as described above, the total number of previously cured Non- Non-Compliance Points that were carried over also will be subtracted from the Developer’s cumulative total number of assessed Non-Compliance Points.

The Remedial Plan. (iA) If the Developer Concessionaire is assessed 225 200 or more Non-Compliance Points during any 365 Day day cycle or maintains 100 45 (or any higher applicable number during the phase-in period) or more uncured Non-Compliance Points at any time as described in Section 11.048.16(d), the Department may require the Developer Concessionaire to prepare and submit a remedial plan for the Department’s approval. The remedial plan will shall be delivered to the Department within 30 Days 45 days of its request. The remedial plan will shall set forth a schedule and describe specific actions the Developer Concessionaire will undertake to improve its performance as demonstrated by its incurring no additional Non-Compliance Points and by reducing the total number of uncured Non-Compliance Points it has accumulated to date. Such actions may include but are not limited to improvements to the DeveloperConcessionaire’s quality management practices, plans and procedures; changes in its organizational and management structures; increased monitoring and inspections; changes in key personnel; and the replacement of subcontractors. (iiB) If, after 180 Days days following the implementation of the remedial plan, the Developer Concessionaire can demonstrate that: (1) the remedial plan has reduced the number and frequency of Non-Compliance Points assessed as compared to the period prior to the implementation of the remedial plan; (2) the Developer Concessionaire is complying in all material respects with the course of action described in the remedial plan; and (3) the Developer Concessionaire has no uncured Non-Compliance Points, then the total number of Non-Compliance Points assessed over the course of the 180 Day day period will shall be reduced by 50%. If the rolling 365 Day day cycle described in Section 11.04(b8.16(d)(ii) ends at any time during the 180 Day day period described herein, the total number of Non-Compliance Points the Developer Concessionaire has cured during that 365 Day day cycle will shall carry over to the next 365 Day day cycle. However, if the total number of Non-Compliance Points assessed over the course of the 180 Day day period is reduced by 50% as described above, the total number of previously cured Non- Compliance Points that were carried over also will shall be subtracted from the DeveloperConcessionaire’s cumulative total number of assessed Non-Compliance Points.

The Remedial Plan. (i) If the Developer Concessionaire is assessed 225 200 or more Non-Compliance Points during any 365 Day cycle or maintains 100 45 (or any higher applicable number during the phase-in period) or more uncured Non-Compliance Points at any time as described in Section 11.04, the Department may require the Developer Concessionaire to prepare and submit a remedial plan for the Department’s approval. The remedial plan will shall be delivered to the Department within 30 45 Days of its request. The remedial plan will shall set forth a schedule and describe specific actions the Developer Concessionaire will undertake to improve its performance as demonstrated by its incurring no additional Non-Compliance Points and by reducing the total number of uncured Non-Compliance Points it has accumulated to date. Such actions may include but are not limited to improvements to the DeveloperConcessionaire’s quality management practices, plans and procedures; changes in its organizational and management structures; increased monitoring and inspections; changes in key personnel; and the replacement of subcontractors. (ii) If, after 180 Days following the implementation of the remedial plan, the Developer Concessionaire can demonstrate that: (1) the remedial plan has reduced the number and frequency of Non-Compliance Points assessed as compared to the period prior to the implementation of the remedial plan; (2) the Developer Concessionaire is complying in all material respects with the course of action described in the remedial plan; and (3) the Developer Concessionaire has no uncured Non-Compliance Points, then the total number of Non-Non- Compliance Points assessed over the course of the 180 Day period will shall be reduced by 50%. If the rolling 365 Day cycle described in Section 11.04(b) ends at any time during the 180 Day period described hereinin this Agreement, the total number of Non-Compliance Points the Developer Concessionaire has cured during that 365 Day cycle will shall carry over to the next 365 Day cycle. However, if the total number of Non-Compliance Points assessed over the course of the 180 Day period is reduced by 50% as described above, the total number 108 DMEAST #27287336 v26 of previously cured Non- Non-Compliance Points that were carried over also will shall be subtracted from the DeveloperConcessionaire’s cumulative total number of assessed Non-Non- Compliance Points.