Noncompliance Points System Sample Clauses

Noncompliance Points System. 6.1.1 Section 4 of Division II sets forth tables for the identification of Noncompliance and the Cure Period (if any) available to Developer for each such Noncompliance. Noncompliance Points are a system to measure Developer performance levels during the design, construction and operations and maintenance phases of the Project and trigger the remedies set forth in this Article 6.
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Noncompliance Points System. 11.1.1 Tables 7.1 and 7.2 in Exhibit 7 (Non-Compliance Points Tables) identify certain Developer breaches or failures in performance of obligations under the Project Documents (each, a “Noncompliance Event”).
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Noncompliance Points System. (a) Schedule 7 (Noncompliance Points Table) identifies certain Development Entity obligations, the breach or failure in performance of which under the Project Documents shall generate Noncompliance Points (each, a Noncompliance Event).
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Noncompliance Points System. ‌ 11.1.1 Attachment 12-1 of Exhibit 12 to the Agreement sets forth a table for the identification of Noncompliance Events and the Cure Period (if any) available to Developer for each such Noncompliance Event. Noncompliance Points are a system to measure Developer performance levels and trigger the remedies set forth or referenced in this Article 11. The inclusion in Attachment 12-1 of Exhibit 12 to the Agreement of a breach or failure to perform bears no implication as to whether the breach or failure is material.
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Noncompliance Points System. Appendix 9 sets forth a table identifying Developer breaches or failures in performance of obligations under the Contract Documents including the Performance Standards (each, a “Noncompliance”) that may result in the assessment of Noncompliance Points and any cure periods (including any Temporary Cure Periods, Permanent Cure Periods and Fast Cure Periods, as applicable) available to Developer for each such Noncompliance. Noncompliance Points are a system to measure Developer performance levels during the concessions operations and O&M phases of the Project and trigger the remedies set forth in this Article 8. To the extent that a particular breach or failure of obligation under the Contract Documents may constitute more than one event of Noncompliance, such breach or failure shall be deemed to be solely the event of Noncompliance to which the greatest number of Noncompliance Points applies. 8.2 Assessment, Notification and Cure Process 8.2.1 Notification Initiated by Developer As an integral part of Developer’s self-monitoring and self-monitoring obligations, Developer shall notify the Owner of the occurrence of any Noncompliance in accordance with the procedures set forth in Appendix 9-B.
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Noncompliance Points System. 1.1 Certain DB Contractor’s failures to perform and breaches of its contractual obligations under the CMC Documents during the Maintenance Period in relation to the Maintenance Services constitute Noncompliance Events (NCEs) that may result in the assessment of Noncompliance Points. The table set forth in Attachment 1 to this Exhibit 10 identifies each Noncompliance Event, the points assessed per event and the NCE Cure Period (if any) available to DB Contractor for each Noncompliance Event (the “Noncompliance Events Table”). Noncompliance Points are a system to measure DB Contractor performance and trigger the remedies set forth or referenced in this Exhibit 10.
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Related to Noncompliance Points System

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  • FDA Compliance The Company: (A) is and at all times has been in material compliance with all statutes, rules or regulations of the FDA and other comparable governmental entities applicable to the ownership, testing, development, manufacture, packaging, processing, use, distribution, marketing, labeling, promotion, sale, offer for sale, storage, import, export or disposal of any product under development, manufactured or distributed by the Company (“Applicable Laws”); (B) has not received any FDA Form 483, notice of adverse finding, warning letter, untitled letter or other correspondence or notice from the FDA or any governmental entity alleging or asserting material noncompliance with any Applicable Laws or any licenses, certificates, approvals, clearances, exemptions, authorizations, permits and supplements or amendments thereto required by any such Applicable Laws (“Authorizations”); (C) possesses all material Authorizations and such Authorizations are valid and in full force and effect and the Company is not in material violation of any term of any such Authorizations; (D) has not received notice of any claim, action, suit, proceeding, hearing, enforcement, investigation, arbitration or other action from the FDA or any governmental entity or third party alleging that any product operation or activity is in material violation of any Applicable Laws or Authorizations and has no knowledge that the FDA or any governmental entity or third party is considering any such claim, litigation, arbitration, action, suit, investigation or proceeding; (E) has not received notice that the FDA or any governmental entity has taken, is taking or intends to take action to limit, suspend, modify or revoke any material Authorizations and has no knowledge that the FDA or any governmental entity is considering such action; and (F) has filed, obtained, maintained or submitted all material reports, documents, forms, notices, applications, records, claims, submissions and supplements or amendments as required by any Applicable Laws or Authorizations and that all such reports, documents, forms, notices, applications, records, claims, submissions and supplements or amendments were materially complete and correct on the date filed (or were corrected or supplemented by a subsequent submission).

  • HIPAA Compliance If this Contract involves services, activities or products subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Contractor covenants that it will appropriately safeguard Protected Health Information (defined in 45 CFR 160.103), and agrees that it is subject to, and shall comply with, the provisions of 45 CFR 164 Subpart E regarding use and disclosure of Protected Health Information.

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  • ADA Compliance A. The Americans with Disabilities Act (42 U.S.C. § 12101, et seq.) and the regulations thereunder (28 C.F.R. § 35.130) (“ADA”) prohibit discrimination against persons with disabilities by the State, whether directly or through contractual arrangements, in the provision of any aid, benefit, or service. As a condition of receiving this Agreement, the Company certifies that services, programs, and activities provided under this Agreement are and will continue to be in compliance with the ADA.

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