Application of Penalties. Following a monthly update on the analysis of the indicators, the Purchaser issues an invoice corresponding to the amount of penalties for the month. Should penalties apply, payment by the Supplier of the penalties does not relieve the Supplier of its obligations to perform its obligations. The penalties set out in the SPC or in the Order shall apply without prejudice to any other costs incurred by the Purchaser resulting from the failure of the Supplier. The penalties shall be invoiced by the Purchaser to the Supplier and in no way can be considered as a lump sum compensation for any loss that may be suffered by the Purchaser in the course of performance of the Contract and shall not be considered as a sole remedy and full satisfaction of the Supplier's liability. The penalties shall be paid by the Supplier within the same deadlines as the deadlines for payment specified in article C7 above. The application of the penalties is independent of the termination of the Contract, SCPC and / or Order, which may eventually result from the delay or poor performance by the Supplier of its obligations. In particular, the Parties consider that the Supplier has materially failed to perform its services if the SLA floor rate is reached four (4) consecutive times over a period of six (6) months.
Application of Penalties. Except as otherwise approved by the Commission, all penalty monies received by WECC, other than penalty monies received from an operational function or division or affiliated entity of WECC, shall be applied as a general offset to WECC’s budget requirements for U.S.-related activities under this Agreement for a subsequent fiscal year. Funds from financial penalties shall not be directly applied to any program maintained by the investigating entity. Except as otherwise approved by the Commission, any penalty monies received from an operational function or division or affiliated entity of WECC shall be transmitted to or retained by NERC and shall be used by NERC as a general offset to NERC’s budget for its activities as the ERO under the Act for the following year.
Application of Penalties. Except as otherwise approved by the Commission, all penalty monies received by MRO shall be applied as a general offset to MRO’s budget requirements for U.S.-related activities under this Agreement for the subsequent fiscal year. Funds from financial penalties shall not be directly applied to any program maintained by the investigating entity.
Application of Penalties. Except as otherwise approved by the Commission, all penalty monies received by Texas RE, other than penalty monies received from an operational function or division or affiliated entity of Texas RE, shall be applied as a general offset to Texas RE’s budget requirements for U.S.-related activities under this Agreement for the subsequent fiscal year. Funds from financial penalties shall not be directly applied to any program maintained by the investigating entity. Except as otherwise approved by the Commission, any penalty monies received from an operational function or division or affiliated entity of Texas RE shall be transmitted to or retained by NERC and shall be used by NERC as a general offset to NERC’s budget for its activities as the ERO under the Act for the following year.
Application of Penalties. Except as otherwise approved by the Commission, all penalty monies received by ReliabilityFirst, other than penalty monies received from an operational function or division or affiliated entity of ReliabilityFirst, shall be applied as a general offset to ReliabilityFirst’s budget requirements for U.S.-related activities under this Agreement for the subsequent fiscal year. Funds from financial penalties shall not be directly applied to any program maintained by the investigating entity. Except as otherwise approved by the Commission, any penalty monies received from an operational function or division or affiliated entity of ReliabilityFirst shall be transmitted to or retained by NERC and shall be used by NERC as a general offset to NERC’s budget for its activities as the ERO under the Act for the following year.
Application of Penalties. Except as otherwise approved by the Commission, all penalty monies received by SERC shall be applied as a general offset to SERC’s budget requirements for U.S.-related activities under this Agreement for the subsequent fiscal year. Funds from financial penalties shall not be directly applied to any program maintained by the investigating entity.
Application of Penalties. Except as otherwise approved by the Commission, all penalty monies received by [Regional Entity], other than penalty monies received from an operational function or division or affiliated entity of [Regional Entity], shall be applied as a general offset to [Regional Entity]’s budget requirements for U.S.-related activities under this Agreement for the subsequent fiscal year. Funds from financial penalties shall not be directly applied to any program maintained by the investigating entity. Except as otherwise approved by the Commission, any penalty monies received from an operational function or division or affiliated entity of [Regional Entity] shall be transmitted to or retained by NERC and shall be used by NERC as a general offset to NERC’s budget for its activities as the ERO under the Act for the following year.
Application of Penalties. Except as otherwise approved by the Commission, all penalty monies received by FRCC, other than penalty monies received from an operational function or division or affiliated entity of FRCC, shall be applied as a general offset to FRCC’s budget requirements for U.S.-related activities under this Agreement for the subsequent fiscal year. Funds from financial penalties shall not be directly applied to any program maintained by the investigating entity. Except as otherwise approved by the Commission, any penalty monies received from an operational function or division or affiliated entity of FRCC shall be transmitted to or retained by NERC and shall be used by NERC as a general offset to NERC’s budget for its activities as the ERO under the Act for the following year.
Application of Penalties. All penalty monies received by NPCC from U.S. entities, other than penalty monies received from an operational function or division or affiliated entity of NPCC shall be applied as a general offset to the entity’s budget requirements for U.S.-related activities under this Agreement for the subsequent fiscal year. Funds from financial penalties shall not be directly applied to any program maintained by the investigating entity. Any penalty monies received from an operational function or division or affiliated entity of NPCC shall be transmitted to or retained by NERC and shall be used by NERC as a general offset to NERC’s budget for its activities as the ERO under the Act for the following year.
Application of Penalties. All penalty monies received by MRO, other than penalty monies received from an operational function or division or affiliated entity of MRO shall be applied as a general offset to the entity’s budget requirements for the U.S.-related activities under this Agreement for the subsequent fiscal year. Funds from financial penalties shall not be directly applied to any program maintained by the investigating entity. Any penalty monies received from an operational function or division or affiliated entity of MRO shall be transmitted to or retained by NERC and shall be used by NERC as a general offset to NERC’s budget for its activities as the ERO under the Act for the following year.
