Non-Compliance Points System. 64 Section 11.01 Non-Compliance Points System 64 Section 11.02 Assessment of Non-Compliance Points and Cure Periods 64 Section 11.03 Notification of Cure 65 Section 11.04 Accumulation of Non-Compliance Points 66 Section 11.05 Impact of Non-Compliance Points 66 Section 11.06 Disputes Regarding the Assessment of Non-Compliance Points 67
Non-Compliance Points System. (a) The Non-Compliance Points Table attached as Exhibit W sets forth a table for the identification of certain Concessionaire acts, omissions, breaches or failures to perform its obligations under this Agreement (each such omission, breach or failure, a “Performance Shortfall”) that may result in the assessment by the Department of Non-Compliance Points. The Non-Compliance Points system is used by the Department to measure the Concessionaire’s performance levels. The accumulation of Non-Compliance Points by the Concessionaire may trigger the remedies set forth or referenced in this Article 11 and in Article 19.
Non-Compliance Points System. 68 Section 11.02 Assessment of Non-Compliance Points and Cure Periods ...................69 Section 11.03 Notification of Cure .................................................................................70 Section 11.04 Accumulation of Non-Compliance Points ..............................................70 Section 11.05 Impact of Non-Compliance Points .........................................................70 Section 11.06 Disputes Regarding the Assessment of Non-Compliance Points .........72
Non-Compliance Points System. (a) Exhibits U-1 and U-2 to this Agreement set forth tables for the identification of certain Performance Shortfalls that may result in the assessment by the Department of Non- Compliance Points. The Non-Compliance Points system is used by the Department to measure the Developer’s performance levels and the accumulation of Non-Compliance Points by the Developer may trigger the remedies set forth or referenced in this Article 11. The inclusion in Exhibits U-1 and U-2 of a breach or failure to perform will not determine whether such breach or failure is material.
Non-Compliance Points System. (a) The DB Contractor acknowledges that under the CA, certain Concessionaire acts, omissions, breaches or failures to perform its obligations under the CA (each such omission, breach or failure, a “Performance Shortfall”) may result in the assessment by the Department of Non-Compliance Points. The Non-Compliance Points system is used by the Department to measure the Concessionaire’s performance levels. The accumulation of Non-Compliance Points by the Concessionaire may trigger the remedies set forth or referenced in Articles 11 and 19 of the CA.
Non-Compliance Points System. 104 Section 11.01
Non-Compliance Points System. (a) Exhibit W to this Agreement sets forth a table for the identification of certain Concessionaire breaches or failures to perform its obligations under this Agreement that may result in the assessment by the Department of Non-Compliance Points. The Non-Compliance Points system is used by the Department to measure the Concessionaire’s performance levels and the accumulation of Non-Compliance Points by the Concessionaire may trigger the remedies set 105 DMEAST #27287336 v26 forth or referenced in this Article 11. This Article 11 shall apply only during the Operating Period. The inclusion in Exhibit W of a breach or failure to perform shall not determine whether such breach or failure is material.
Non-Compliance Points System. 68 Section 11.01
Non-Compliance Points System. (a) Exhibits U-1 and U-2 to this Agreement set forth tables for the identification of certain Performance Shortfalls that may result in the assessment by the Department of Non-Compliance Points. The Non-Compliance Points system is used by the Departm... (b) The Department may exercise any of its remedies under this Article 11 without prejudice to any other rights or remedies it has under this Agreement. (c) If the Department determines any breach or failure described in Exhibits U-1 and U-2, as applicable, has occurred, the Department will within five Days of its determination deliver to the Developer written notice thereof describing the breach or f...
Non-Compliance Points System. 60 Section 11.02 Assessment of Non-Compliance Points .............................................62
