Noncompliance Points Sample Clauses

Noncompliance Points. The performance of the Work will not be subject to noncompliance points.

Noncompliance Points. The performance of the Maintenance Services shall be subject to Noncompliance Points provisions set forth in Exhibit 9 to this CMA.

Noncompliance Points assessed for Noncompliance Events occurring prior to the date the Collateral Agent or its Substituted Entity obtains management, custody and control of the East End Crossing shall not be counted during the period available to the Collateral Agent or its Substituted Entity to cure the Noncompliance Events for the purpose of determining Persistent Developer Default. Once all such Noncompliance Events have been cured, IFA shall cancel any Noncompliance Points assessed with respect to such Noncompliance Events. 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.

Noncompliance Points. [Include appropriate bracketed text and delete all bracketed text that is not applicable][The performance of the Maintenance Services shall not be subject to Noncompliance Points provisions.][The performance of the Maintenance Services shall be subject to Noncompliance Points provisions set forth in Exhibit 10 to this CMA.]

Noncompliance Points. The CDA, FCA or DBA documents contain mechanisms (through liquidated damages for noncompliance), that will obligate the Developer or DB Contractor to pay for any additional ENGINEER labor, material, and other costs resulting from chronic non-compliance by the Developer or DB Contractor. The ENGINEER has a key role in reporting to the STATE and the Developer or DB Contractor whenever it considers that “Noncompliance Points,” as further defined in the individual project’s CDA, FCA or DBA Document, should be assessed. DocuSign Envelope ID: 8554B771-7BF4-41D3-B969-55B280E2C77A

Noncompliance Points. Project Company will be subject to Noncompliance Points with respect to Noncompliance Events in accordance with Schedule 3 – Payment Mechanism.