Monitoring Period. If the Concessionaire is assessed an amount of Non-Compliance Points equal to or greater than 40% of the total number of Non-Compliance Points in the Non-Compliance Points Table in any consecutive 365-Day period or maintains an amount of Non-Compliance Points in respect of uncured Performance Shortfalls equal to or greater than 20% of the total number of Non-Compliance Points in the Non-Compliance Points Table at any time, the Department may increase the level of monitoring of the Project pursuant to Section 10.03 for a period of not less than 90 Days (the “Monitoring Period”). The Concessionaire will compensate the Department for its Allocable Costs incurred in performing its increased oversight during the Monitoring Period.
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