Noncompliance Charges definition
Examples of Noncompliance Charges in a sentence
If there is a decrease or no increase in the CPI index then there shall be no increase in the amount of Noncompliance Charges.
If TxDOT has not received payment of the Noncompliance Charges within such ten Business Days, TxDOT may elect, in its discretion, to deduct such amounts from any amounts payable to DB Contractor under this CMC.
In addition, the Draw Request for a monthly payment must be accompanied by an attached report containing information that TxDOT can use to verify the Draw Request and monthly payment and all components of the liquidated damages, Key Personnel Change Fees, and Noncompliance Charges for the prior month.
TxDOT’s right to correct Nonconforming Work at Maintenance Contractor’s expense is in addition to any Noncompliance Charges that Maintenance Contractor may owe on account of Maintenance Contractor’s failure to correct.
Additionally, without further notice, (i) a new cure period equal to the NCE Cure Period set forth in the Noncompliance Events Table shall apply upon expiration of the NCE Cure Period, and (ii) if applicable, additional Noncompliance Charges shall be assessed against DB Contractor in accordance with Section 8 and deducted from the applicable monthly payment for the Maintenance Services.
Notwithstanding any other provision set forth in the Contract Documents, performance by a Surety or Guarantor of any of the obligations of DB Contractor shall not relieve DB Contractor of any of its obligations hereunder, including the payment of Liquidated Damages, Key Personnel Change Fees, Lane Rental Charges, Noncompliance Charges or other deductions, damages or charges payable by DB Contractor under the Agreement.
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This Bond specifically guarantees the performance of each and every obligation of Principal related to the Maintenance Services under the CMC Documents, as they may be amended and supplemented, including but not limited to, its liability for payment in full of all liquidated damages, Key Personnel Unavailability Liquidated Damages, Noncompliance Charges and Lane Rental Charges as specified in the CMC Documents, but not to exceed the Bonded Sum.
Other reasons for withholding payment include the failure to perform repairs to Defects within the specified time periods, TxDOT’s recoverable costs in performing any obligations under the CMA Documents that the DB Contractor has failed to perform, Lane Rental Charges and Noncompliance Charges.
MCR will be determined as follows: Non-compliance Charges: A Market Participant will be subject to a non-compliance charge of 150% of the daily Cost of New Entry (CONE) value for every MW of MCR greater than their ZRCs. The MCR non-compliance charge will be the MW-weighted average CONE for the LRZ(s) where the Market Participant has any PRMR.