Common use of Appeal from Committee Decision Clause in Contracts

Appeal from Committee Decision. If the Committee (i) has determined, pursuant to the procedures set forth in Section 3.04 hereof, that a Member has violated this Agreement or (ii) makes any other determination with respect to a Member under this Agreement (including, specifically, without limitation Section 5.03 hereof), such violating Member shall have five business days following the date of the Committee’s determination to request reconsideration of the enforcement or other action and/or propose an alternative form of penalty. Such request shall be made in writing and shall be addressed to the Board. The Board may, in its sole discretion, grant or deny any request for reconsideration and may, in its sole discretion, approve or disapprove any alternative form of penalty; provided, that the Board shall exercise all reasonable efforts to ensure that penalties and settlements are commensurate with the nature and extent of the violation, are designed to further the purposes of the Plan and Amendment 13 and are uniform with those reached in similar circumstances.

Appeal from Committee Decision. 14 If the Committee (i) has determined, pursuant to the procedures set forth in Section 3.04 hereofxx, that a 15 Member has violated this Agreement or (ii) makes any other determination with respect to a Member 16 under this Agreement (including, specifically, without limitation Section 5.03 hereofsection on catch verification), 17 such violating Member shall have five business days following the date of the Committee’s 18 determination to request reconsideration of the enforcement or other action and/or propose an 19 alternative form of penalty. 20 21 Such request shall be made in writing and shall be addressed to the Board. 22 23 The Board may, in its sole discretion, grant or deny any request for reconsideration and may, in 24 its sole discretion, approve or disapprove any alternative form of penalty; provided, that the 25 Board shall exercise all reasonable efforts to ensure that penalties and settlements are 26 commensurate with the nature and extent of the violation, are designed to further the purposes of 27 the Plan and Amendment 13 and are uniform with those reached in similar circumstances.. 28