Common use of Agreement Enforcement Clause in Contracts

Agreement Enforcement. Section 7.01 The failure of an individual Employer to comply with the provisions of this Agreement or any agreement or declaration of trust establishing any of the Funds for which contributions or payments are made under this Article, shall constitute a breach of this Agreement. In the event an Employer fails to comply, upon the giving of seventy-two (72) hours written notice to such Employer, the Union at its option, may terminate this Agreement. It is understood that time is of the essence with respect to compliance. The remedy provided for herein shall not be exclusive of any other remedy by way of suit in law or in equity, or otherwise for the collection of the amounts due either by the Union or by the Trustees or administrators of any of the Funds. Section 7.02 If a monthly payroll report and payment does not arrive at NECA’s Michigan City office before the close of business on the 15th of the month following the month the work was performed, it will be declared delinquent and will require a separate check for ten (10%) percent liquidated damages plus twenty five ($25.00) dollars processing fee as late charges. If the 15th falls on a Saturday, Sunday or Holiday, the payment and report will be due by the close of business on the next business day. Current business hours are 7:00 a.m. to 4:00 p.m. central time, Monday thru Friday. Mail slot drop-offs after 4:00 p.m. are processed on the next business day. If a delinquent payment is not received by the NECA office before the close of business on the 27th of the same month, twenty (20%) percent liquidated damages plus twenty five ($25.00) dollars processing fee as late charges, will be charged and the account will be turned over to the attorney for collection. Additional attorney fees and cost will be assessed. If the 27th falls on a Saturday, Sunday or Holiday, the payment and report will be due by the close of business on the next business day. If a check is returned because of insufficient funds, it must be replaced by a Certified Check or Money Order and this form of payment will be required for the next 6 months. When an Employer has accumulated at least one year (12 months) of timely payments, they shall be eligible for one “grace period” on a late payment. Said payment must be received in the NECA office by the 20th of the month in which the payment was due. In the event an Employer fails to withhold said sums or fails to pay such as above outlined, then the Union shall have the option, upon seventy-two (72) hours written notice to such delinquent Employer, and with a copy of same to NECA, to direct its members to cease work for the Employer. The parties to this Agreement agree that such action will not be in violation of Article I, Section 1.04 and is not to be construed as a termination of this Agreement. Section 7.03 In the event an Employer is delinquent or in the event the Trustees of any Fund or the Union question the authenticity or accuracy of the information completed on the forms or in the event of a belief that the amounts being transmitted are not in accordance with the terms of this Agreement, the Trustees of any Fund or the Union shall have the right, upon reasonable notice, to inspect the books of any Employer or to have an examination of same made by a certified public accountant. In the event there is a delinquency in payment of the amounts required on the due date or in the event any discrepancy is discovered, the Employer shall bear the accounting costs incurred by the Trustees or the Union. Section 7.04 The intent of this Article is to attempt to insure compliance with this Agreement and with the various Trust Agreements established hereunder. The parties understand that compliance is a very important facet of the collective bargaining relationship. All legal steps must be taken to ensure compliance and, accordingly, no remedy, whether or not set forth herein, shall be considered exclusive of any other remedy available in law, in equity or otherwise.

Agreement Enforcement. Section 7.01 The failure of an individual Employer to comply with the provisions of this Agreement or any agreement or declaration of trust establishing any of the Funds for which contributions or payments are made under this Article, shall constitute a breach of this Agreement. In the event an Employer fails to comply, upon the giving of seventy-two (72) hours written notice to such Employer, the Union at its option, may terminate this Agreement. It is understood that time is of the essence with respect to compliance. The remedy provided for herein shall not be exclusive of any other remedy by way of suit in law or in equity, or otherwise for the collection of the amounts due either by the Union or by the Trustees or administrators of any of the Funds. Section 7.02 If a monthly payroll report and payment does not arrive at NECA’s 's Michigan City office before the close of business on the 15th 15th-of the month following the month the work was performed, it will be declared delinquent and will require a separate check for ten (10%) percent liquidated damages plus twenty five ($25.00) dollars processing fee as late charges. If the 15th falls on a Saturday, Sunday or Holiday, the payment and report will be due by the close of business on the next business day. Current business hours are 7:00 a.m. to 4:00 p.m. central time, Monday thru Friday. Mail slot drop-offs after 4:00 p.m. are processed on the next business day. If a delinquent payment is not received by the NECA office before the close of business on the 27th of the same month, twenty (20%) percent liquidated damages plus twenty twenty-five ($25.00) dollars processing fee as late charges, will be charged and the account will be turned over to the attorney for collection. Additional attorney fees and cost will be assessed. If the Ifthe 27th falls on a Saturday, Sunday or Holiday, the payment and report will be due by the close of business on the next business day. If a Ifa check is returned because of insufficient funds, it must be replaced by a Certified Check or Money Order and this form of payment will be required for the next 6 months. When an Employer has accumulated at least one year (12 months) of timely payments, they shall be eligible for one “"grace period” " on a late payment. Said payment must be received in the NECA office by the 20th of the month in which the payment was due. In the event an Employer fails to withhold said sums or fails to pay such as above outlined, then the Union shall have the option, upon seventy-two (72) hours written notice to such delinquent Employer, and with a copy of same to NECA, to direct its members to cease work for the Employer. The parties to this Agreement agree that such action will not be in violation of Article I, Section 1.04 and is not to be construed as a termination of this Agreement. Section 7.03 In the event an Employer is delinquent or in the event the Trustees of any Fund or the Union question the authenticity or accuracy of the information completed on the forms or in the event of a belief that the amounts being transmitted are not in accordance with the terms of this Agreement, the Trustees of any Fund or the Union shall have the right, upon reasonable notice, to inspect the books of any Employer or to have an examination of same made by a certified public accountant. In the event there is a delinquency in payment of the amounts required on the due date or in the event any discrepancy is discovered, the Employer shall bear the accounting costs incurred by the Trustees or the Union.that Section 7.04 The intent of this Article is to attempt to insure compliance with this Agreement and with the various Trust Agreements established hereunder. The parties understand that compliance is a very important facet of the collective bargaining relationship. All legal steps must be taken to ensure insure compliance and, accordingly, no remedy, whether or not set forth herein, shall be considered exclusive of any other remedy available in law, in equity or otherwise.

Agreement Enforcement. Section 7.01 The failure of an individual Employer to comply with the provisions of this Agreement or any agreement or declaration of trust establishing any of the Funds for which contributions or payments are made under this Article, shall constitute a breach of this Agreement. In the event an Employer fails to comply, upon the giving of seventy-two (72) hours written notice to such Employer, the Union at its option, may terminate this Agreement. It is understood that time is of the essence with respect to compliance. The remedy provided for herein shall not be exclusive of any other remedy by way of suit in law or in equity, or otherwise for the collection of the amounts due either by the Union or by the Trustees or administrators of any of the Funds. Section 7.02 If a monthly payroll report and payment does not arrive at NECA’s Michigan City office before the close of business on the 15th of the month following the month the work was performed, it will be declared delinquent and will require a separate check for ten (10%) percent liquidated damages plus twenty five ($25.00) dollars processing fee as late charges. If the 15th falls on a Saturday, Sunday or Holiday, the payment and report will be due by the close of business on the next business day. Current business hours are 7:00 a.m. to 4:00 p.m. central time, Monday thru Friday. Mail slot drop-offs after 4:00 p.m. are processed on the next business day. If a delinquent payment is not received by the NECA office before the close of business on the 27th of the same month, twenty (20%) percent liquidated damages plus twenty twenty-five ($25.00) dollars processing fee as late charges, will be charged and the account will be turned over to the attorney for collection. Additional attorney fees and cost will be assessed. If the 27th falls on a Saturday, Sunday or Holiday, the payment and report will be due by the close of business on the next business day. If a check is returned because of insufficient funds, it must be replaced by a Certified Check or Money Order and this form of payment will be required for the next 6 months. When an Employer has accumulated at least one year (12 months) of timely payments, they shall be eligible for one “grace period” on a late payment. Said payment must be received in the NECA office by the 20th of the month in which the payment was due. In the event an Employer fails to withhold said sums or fails to pay such as above outlined, then the Union shall have the option, upon seventy-two (72) hours written notice to such delinquent Employer, and with a copy of same to NECA, to direct its members to cease work for the Employer. The parties to this Agreement agree that such action will not be in violation of Article I, Section 1.04 and is not to be construed as a termination of this Agreement. Section 7.03 In the event an Employer is delinquent or in the event the Trustees of any Fund or the Union question the authenticity or accuracy of the information completed on the forms or in the event of a belief that the amounts being transmitted are not in accordance with the terms of this Agreement, the Trustees of any Fund or the Union shall have the right, upon reasonable notice, to inspect the books of any Employer or to have an examination of same made by a certified public accountant. In the event there is a delinquency in payment of the amounts required on the due date or in the event any discrepancy is discovered, the Employer shall bear the accounting costs incurred by the Trustees or the Union. Section 7.04 The intent of this Article is to attempt to insure compliance with this Agreement and with the various Trust Agreements established hereunder. The parties understand that compliance is a very important facet of the collective bargaining relationship. All legal steps must be taken to ensure insure compliance and, accordingly, no remedy, whether or not set forth herein, shall be considered exclusive of any other remedy available in law, in equity or otherwise.

Agreement Enforcement. Section 7.01 17.01. The failure of an individual Employer to comply with the provisions of this Agreement or any agreement or declaration of trust establishing any of the Funds for which contributions or payments are made under this Article, shall constitute a breach of this Agreement. In the event an Employer employer fails to comply, upon the giving of seventy-two (72) hours hour written notice to such Employer, the Union at its option, may terminate this Agreement. It is understood that time is of the essence with respect to compliance. The remedy provided for herein shall not be exclusive of any other remedy by way of suit in law or in equity, or otherwise for the collection of the amounts due either by the Union or by the Trustees or administrators of any of the Funds. Section 7.02 17.02. If a monthly payroll report and payment does not arrive at NECA’s Michigan City office before the close of business on the 15th of the month following the month the work was performed, it will be declared delinquent and will require a separate check for ten (10%) percent liquidated damages plus twenty twenty-five ($25.00) dollars processing fee as late charges. If the 15th falls on a Saturday, Sunday or Holiday, the payment and report will be due by the close of business on the next preceding business day. Current business hours are 7:00 a.m. to 4:00 p.m. central time, Monday thru Friday. Mail slot drop-offs after 4:00 p.m. are processed on the next business day. If a delinquent payment is not received by the NECA office before the close of business on the 27th of the same month, twenty (20%) percent liquidated damages plus twenty five ($25.00) dollars processing fee as late charges, will be charged and the account will be turned over to the attorney for collection. Additional attorney fees and cost will be assessed. If the 27th falls on a Saturday, Sunday or Holiday, the payment and report will be due by the close of business on the next preceding business day. If a check is returned because of insufficient funds, it must be replaced by a Certified Check or Money Order and this form of payment will be required for the next 6 months. When an Employer has accumulated at least one year (12 months) of timely payments, they shall be eligible for one “"grace period” " on a late payment. Said payment must be received in the NECA office by the 20th of the month in which the payment was due. In the event an Employer fails to withhold said sums or fails to pay such as above outlined, then the Union shall have the option, upon seventy-two (72) hours written notice to such delinquent Employer, and with a copy of same to NECA, to direct its members to cease work for the Employer. The parties to this Agreement agree that such action will not be in violation of Article I, Section 1.04 and is not to be construed as a termination of this Agreement. Section 7.03 17.03. In the event an the Employer is delinquent or in the event the Trustees of any Fund or the Union question the authenticity or accuracy of the information completed on the forms or in the event of a belief that the amounts being transmitted are not in accordance accord with the terms of this Agreement, the Trustees of or any Fund or the Union shall have the right, upon reasonable notice, to inspect the books of any Employer or to have an examination of same made by a certified public accountant. In the event there is a delinquency in the payment of the amounts required on the due date or in the event any discrepancy is discovered, the Employer shall bear the accounting costs incurred by the Trustees or the Union. Section 7.04 17.04. The intent of this Article is to attempt to insure ensure compliance with this Agreement and with the various Trust Agreements established hereunder. The parties understand that compliance is a very important facet of the collective bargaining relationship. All legal steps must be taken to ensure insure compliance and, and accordingly, no remedy, whether or not set forth herein, shall be considered exclusive of any other remedy available in law, in equity equity, or otherwise. Section 17.05. This Agreement will come into full force and effect when approved by the International President of the I.B.E.W.