Step-in on Development Entity Breach. If the Required Action is taken as a result of a breach of the obligations of the Development Entity under this PPA, then for so long as and to the extent that the Required Action is taken, and this prevents the Development Entity from carrying out any part of the Project Services: (a) the Development Entity shall be relieved of its obligations to carry out such part of the Project Services; and (b) in respect of the period in which the Department is taking the Required Action, any Noncompliance Event that arises as a direct result of the Required Action shall, for the purposes of this PPA, be deemed to have not occurred, but an amount equal to all the Department’s reasonable and proper costs in taking the Required Action shall be deducted from the Monthly Payment.
Appears in 3 contracts
Sources: CNG Fueling for Transit Agencies Partnership Project Public Private Transportation Partnership, Public Private Transportation Partnership Agreement, Public Private Transportation Partnership Agreement