Categories of Performance Shortfalls. (i) For Performance Shortfalls classified as “Category A” in the Non- Compliance Points Table, Non-Compliance Points will be assessed only at the end of the applicable cure period set forth in the Non-Compliance Points Table and only if the Concessionaire has failed to cure such Performance Shortfall within such cure period. Additional Non-Compliance Points may be assessed again at the end of each subsequent cure period (and each such assessment of Non-Compliance Points will constitute a separate and distinct Performance Shortfall) until the Performance Shortfall is cured. (ii) For Performance Shortfalls classified as “Category B” in the Non- Compliance Points Table, Non-Compliance Points will be assessed on the date of the initial notice described in Section 11.02. If the Performance Shortfall is not then cured within the applicable cure period, additional uncured Non-Compliance Points will be assessed at the end of the first and each subsequent cure period (and each such assessment of Non-Compliance Points will constitute a separate and distinct Performance Shortfall), until the Performance Shortfall is cured. (iii) For Performance Shortfalls classified as “Category C” in the Non- Compliance Points Table, Non-Compliance Points will be assessed on the date of the initial notice described in Section 11.02. Each act, omission, breach or failure that gives rise to a Performance Shortfall classified as “Category C” in the Non- Compliance Points Table will be assessed Non-Compliance Points separately.
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