Ability to Pay and Continue in Business Sample Clauses

Ability to Pay and Continue in Business. The CWC and the Enforcement Policy require the Water Boards to consider a discharger’s ability to pay and continue in business when imposing administrative civil liabilities. In this matter, the Discharger is an ongoing public entity with the ability to raise revenue to satisfy the proposed liability through the imposition of fees and taxes. In addition, a review of the Los Angeles County Sanitation Districts’ 2022 Annual Comprehensive Financial Report shows that the Discharger has a net position of over $1.9 billion; as of April 30, 2023, the Discharger has $466 million in total cash and investments. Based on publicly available information, the Discharger has the ability to pay and continue in business.
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Ability to Pay and Continue in Business. The Discharger has the ability to pay the administrative civil liability and there are no factors under this category that warrant an adjustment.
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Ability to Pay and Continue in Business. Lehigh has the ability to pay the proposed penalty amount and continue in business. Lehigh has presented no evidence to contest the proposed liability, or other possible penalties.
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Ability to Pay and Continue in Business. The ability to pay and to continue in business must be considered when assessing administrative civil liability. The ability of a discharger to pay an administrative civil liability is determined by its income (revenues minus expenses) and net worth (assets minus liabilities). According to the Discharger’s Financial Statement and Independent Auditor’s Report for the Fiscal Year Ended June 30, 2018, the Discharger has the ability to pay the proposed administrative civil liability despite having more expenses than revenue because it has significantly more assets than liabilities for a net worth of approximately $338,000,000. Given this, the Discharger has the ability to pay the penalty and remain in business.‌‌‌
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Ability to Pay and Continue in Business. The ability to pay and to continue in business must be considered when assessing administrative civil liability. The City of Marysville is a public entity with the ability to raise revenue. The City’s 2015-2016 budget is $14.1 million.
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Ability to Pay and Continue in Business. The ability to pay and to continue in business must be considered when assessing administrative civil liabilities. Caltrans is a California state agency with an annual budget of over $12 billion. Given this information, the combined Total Base Liability Amount was not adjusted for the Discharger’s ability to pay.
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Ability to Pay and Continue in Business. The Central Coast Water Board determines a discharger’s ability to pay an administrative civil liability by its revenues and assets. The Water Board may adjust the Total Base Liability amount if sufficient financial information is available to assess the Discharger’s ability to pay the Total Base Liability amount or the effect of that amount on the Discharger’s ability to continue in business. To assess the Discharger’s ability to pay, the Prosecution Team reviewed the City of Xxxxxx Xxxx Comprehensive Annual Financial Report for the Year Ended June 30, 2017 (2017 CAFR), as publicly available from the Discharger’s website. Prosecution Team evaluation of this factor based on the Discharger’s 2017 CAFR (pages 5, 9, and 21) indicated the Discharger is projected to have $87,224,487 in unrestricted assets available to meet ongoing obligations. These figures appear to indicate the Discharger’s ability to pay the proposed penalty. Therefore, no adjustment is proposed.
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Ability to Pay and Continue in Business. The ability to pay and to continue in business must be considered when assessing administrative civil liabilities. According to bond information from the California Community Development Authority, the Gold Country Village project is estimated to cost $9,599,377 to construct. The proposed liability is 1.3% of the cost of the Project. Water Board staff has no information that the proposed liability would result in undue hardship which would affect the Discharger’s ability of continue in business; therefore, the combined Total Base Liability Amount was not adjusted for the Discharger’s ability to pay.
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Ability to Pay and Continue in Business. The ability to pay and to continue in business must be considered when assessing administrative civil liability. According to Vail Resorts Fiscal 0000 Xxxxxx Xxxxxxx and Full Year Results2, Vail Resorts’ total net revenue was $1,399.9 million for fiscal 2015 compared to $1,254.6 million in the prior fiscal year, an 11.6% increase. Given this, the Prosecution Team asserts that the discharger has the ability to pay the penalty and remain in business.
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Related to Ability to Pay and Continue in Business

  • Change in Business Borrower shall not enter into any line of business other than the ownership and operation of the Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.

  • SUSPENSION OF OPERATIONS Concessionaire shall, at the direction of Department, immediately suspend, delay or interrupt Concessionaire’s operation of all or any part of the Concession Premises for such period of time as Department may determine to be appropriate to protect the Concession Premises and/or public health, safety, and welfare due to the occurrence of hazardous work conditions, emergency conditions, and/or any other cause including, but not limited to, Concessionaire's failure to perform any of the covenants, agreements, and conditions contained in this Agreement on its part to be performed. Concessionaire hereby waives any claim, and Department shall not be liable to any party claiming through Concessionaire, for damages, payment abatement, or compensation as a result of Department's actions under this Paragraph or this Agreement. Department's suspension of Concessionaire's operations shall be in addition to any other right or remedy available by law or in equity.

  • Suspension of the Services The Services may be suspended (meaning the Child is temporarily not able to attend the nursery) in the circumstances set out in our Critical Incident Policy or in the circumstances set out in clause 19. If the Services are suspended for a period of more than one month, either of us may terminate the contract by giving the other one month’s written notice.

  • Business Continuity Registry Operator shall maintain a business continuity plan, which will provide for the maintenance of Registry Services in the event of an extraordinary event beyond the control of the Registry Operator or business failure of Registry Operator, and may include the designation of a Registry Services continuity provider. If such plan includes the designation of a Registry Services continuity provider, Registry Operator shall provide the name and contact information for such Registry Services continuity provider to ICANN. In the case of an extraordinary event beyond the control of the Registry Operator where the Registry Operator cannot be contacted, Registry Operator consents that ICANN may contact the designated Registry Services continuity provider, if one exists. Registry Operator shall conduct Registry Services Continuity testing at least once per year.

  • TERMINATION OF EFT SERVICES You may terminate this Agreement or any EFT service under this Agreement at any time by notifying us in writing and stopping your use of your card and any access code. You must return all cards to the Credit Union. You also agree to notify any participating merchants that authority to make xxxx payment transfers has been revoked. We may also terminate this Agreement at any time by notifying you orally or in writing. If we terminate this Agreement, we may notify any participating merchants making preauthorized debits or credits to any of your accounts that this Agreement has been terminated and that we will not accept any further preauthorized transaction instructions. We may also program our computer not to accept your card or access code for any EFT service. Whether you or the Credit Union terminates this Agreement, the termination shall not affect your obligations under this Agreement for any electronic transactions made prior to termination.

  • Cessation of Operations Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.

  • CONTINUANCE OF OPERATIONS 601 The Union agrees that during the life of this Agreement there shall be no strike, and to this end the Union will take affirmative action to prevent any nurse covered by this Agreement from striking. The Employer agrees that for the duration of this Agreement, there shall be no lockout.

  • LOCATION WITHIN ENTERPRISE OR REINVESTMENT ZONE At the time of the Application Approval Date, the Land is within an area designated either as an enterprise zone, pursuant to Chapter 2303 of the TEXAS GOVERNMENT CODE, or a reinvestment zone, pursuant to Chapter 311 or 312 of the TEXAS TAX CODE. The legal description, and information concerning the designation, of such zone is attached to this Agreement as EXHIBIT 1 and is incorporated herein by reference for all purposes.

  • Goods, Works and Non-consulting Services All goods, works and non- consulting services required for the Project and to be financed out of the proceeds of the Financing shall be procured in accordance with the requirements set forth or referred to in Section I of the Procurement Guidelines, and with the provisions of this Section.

  • Goods, Works and Non-Consultant Services All goods, works and Non-Consultant Services required for the Project and to be financed out of the proceeds of the Loan shall be procured in accordance with the requirements set forth or referred to in Section I of the Procurement Guidelines, and with the provisions of this Section.

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