Persistent Developer Default definition

Persistent Developer Default means, unless in dispute under the terms of the Agreement, failure by the Developer to achieve eighty percent (80%) minimum EVSE uptime (calculated in accordance with Section 9(a) (Minimum Quarterly Uptime) of the ADOT Standards and Requirements) in three consecutive Calendar Quarters.
View Source
Persistent Developer Default has the meaning set forth in Section 28.4.
View Source

Examples of Persistent Developer Default in a sentence

  • In addition, if the accumulated number of Noncompliance Points meets the threshold for a Persistent Developer Default, and Developer either fails to timely submit or comply with an approved remedial plan, TxDOT’s remedies include termination of the Agreement.

  • At its sole discretion, IFA may require more frequent reports of Noncompliance Events; provided, however, that IFA may not require a frequency greater than monthly except that IFA may require reports more frequently during any period of a Persistent Developer Default.

  • Developer acknowledges and agrees that measures for determining the existence of such a pattern or practice described in the definition of Persistent Developer Default are a fair and appropriate objective basis to conclude that such a pattern or practice will continue.

  • Such reduction shall be taken from the earliest assessed Noncompliance Points that would otherwise then be counted toward Persistent Developer Default.

  • The foregoing shall not, however, excuse the Collateral Agent or its Substituted Entity from any obligation to cure prior uncured breaches or failures to perform under the PPA Documents, and except for determination of Persistent Developer Default shall not affect any rights and remedies available to IFA respecting uncured breaches or failures to perform.

  • For Category A breaches or failures listed in Attachment 12-1 of Exhibit 12 to the Agreement, the cure period set forth therein shall exclusively govern for the sole purpose of accumulation under clause (b) of the definition of Persistent Developer Default.

  • The remedial plan shall set forth a schedule and specific actions to be taken by Developer to improve its performance and reduce (a) Developer’s cumulative number of Noncompliance Points assessed under Section 11.3 and cumulative number of breaches and failures to perform to the point that such Persistent Developer Default will not continue and (b) the cumulative number of Uncured Noncompliance Points outstanding by at least 50%.

  • The remedial plan shall set forth a schedule and specific actions to be taken by Developer to improve its performance and reduce (a) Developer’s cumulative number of Noncompliance Points assessed under Section 11.3 and cumulative number of breaches and failures to perform to the point that such Persistent Developer Default will not continue and (b) the cumulative number of Uncured Noncompliance Points outstanding by at least fifty percent (50%).