ASSESSMENT OF PENALTIES. Random sampling and testing of rock salt shall be obtained and tested by Maine Department of Transportation personnel. Failing test reports will be used to calculate reduced payments when penalties and price adjustments are to be applied. The reduction in payment shall continue until such time as a new passing test is obtained. When onsite inspections and tests indicate that the salt being supplied is an inferior product, the Contractor will be notified that the salt is unacceptable. If acceptable rock salt is not provided within five (5) working days (or as otherwise authorized by the MaineDOT/ Municipalities/Political Subdivisions), then the MaineDOT/Municipalities/Political Subdivisions may pursue such actions as described in Section I, Failure to Deliver.
ASSESSMENT OF PENALTIES. (1) If a person becomes liable to a penalty under section 10(2), the Commissioner shall–
(a) assess the penalty, and
(b) notify the person of the assessment.
(2) An assessment of a penalty under section 9 shall be made within the period of 12 months beginning with the date on which –
(a) the person became liable to the penalty, or
(b) the inaccuracy first came to the attention of the Commissioner.
ASSESSMENT OF PENALTIES. Bi-weekly, weekly, and random sampling and testing of rock salt will be performed by MaineDOT. Failing test reports will be used in conjunction with information from the personnel receiving salt deliveries to identify and calculate reduced payments when penalties and price adjustments are to be applied. Any reduction of payment caused by the categories within this section shall occur at the time of payment and will not be applied after payment has been made, unless application of the penalty is specifically being withheld pending resolution of a dispute. Penalties shall continue until such time that a passing test is obtained. When onsite inspections and tests indicate that the salt being supplied is an inferior product, the Contractor will be notified that the salt is unacceptable. DocuSign Envelope ID: 95C11ABE-A29A-459D-A950-5CF76FC1F5BC If acceptable rock salt is not provided within five (5) working days (or as otherwise authorized by the MaineDOT/ Municipalities/Political Subdivisions), then the MaineDOT/Municipalities/Political Subdivisions may pursue such actions as described in Section I, Failure to Deliver.
ASSESSMENT OF PENALTIES. If FERC, NERC or WECC assesses one or more monetary penalties against CAISO as a Planning Coordinator for the violation of one or more Reliability Standards, and the conduct or omission(s) of CDWR contributed, in whole or in part, to the violation(s) at issue, then the CAISO may recover from CDWR that portion of the penalty that resulted from CDWR’s conduct or omissions(s) provided that each of the conditions set forth in Section 14.7.2.1 of the CAISO Tariff are met except that references to the Market Participant that caused or contributed to the violation at issue should be taken to be references to CDWR, and instead of the payment provisions described in Section 14.7.2.5 of the CAISO Tariff, the payment provisions in Section 4.1.3 of this Agreement shall apply.
ASSESSMENT OF PENALTIES. Before assessing penalties, ATN shall use the following procedure:
a. ATN shall notify the CONTRACTOR of its intent to assess a penalty or incentive in writing within thirty (30) days of occurrence. No penalty may be assessed if timely written notice is not given to CONTRACTOR.
b. The CONTRACTOR shall be given an opportunity to demonstrate that it could not reasonably have prevented the failure. Failures caused by actions of ATN staff, natural disasters, or extreme and unusual weather or traffic conditions shall be considered not preventable. Any such claim must be supported by adequate documentation provided by the CONTRACTOR. If ATN determines that the failure was not preventable, then the penalty shall be waived.
c. ATN’S decision to waive the assessment of any penalty shall in no way affect ATN’S right or intent to assess a penalty for a similar failure in the future and shall in no way affect the CONTRACTOR’s obligation to meet the associated performance standard. Continued non-performance by the CONTRACTOR and/or serious violation of service standards may result in assessment of penalties up to and including termination of contract. Penalties and liquidated damages are provided in Table 1.
ASSESSMENT OF PENALTIES. Bi-weekly, weekly, and random sampling and testing of rock salt will be performed by MaineDOT. Failing test reports will be used in conjunction with information from the personnel receiving salt deliveries to identify and calculate reduced payments when penalties and price adjustments are to be applied. Any reduction of payment caused by the categories within this section shall occur at the time of payment and will not be applied after payment has been made, unless application of the penalty is specifically being withheld pending resolution of a dispute. Penalties shall continue until such time that a passing test is obtained. When onsite inspections and tests indicate that the salt being supplied is an inferior product, the Contractor will be notified that the salt is unacceptable. If acceptable rock salt is not provided within five (5) working days (or as otherwise authorized by the MaineDOT/ Municipalities/Political Subdivisions), then the MaineDOT/Municipalities/Political Subdivisions may pursue such actions as described in Section I, Failure to Deliver.
ASSESSMENT OF PENALTIES. If FERC, NERC or WECC assesses one or more monetary penalties against CAISO as a Planning Coordinator for the violation of one or more applicable Reliability Standards, and the conduct or omission(s) of MWD as a TP, or its TP, contributed, in whole or in part, to the violation(s) at issue, then the CAISO may recover from MWD that portion of the penalty that resulted from MWD’s conduct or omissions(s) provided that each of the conditions set forth in Section 14.7.2.1 of the CAISO Tariff are met except that references to the Market Participant that caused or contributed to the violation at issue should be taken to be references to MWD, and instead of the payment provisions described in Section 14.7.2.5 of the CAISO Tariff, the payment provisions in Section 4.1.3 of this Agreement shall apply.
ASSESSMENT OF PENALTIES. If FERC, NERC or WECC assesses one or more monetary penalties against the CAISO as a Planning Coordinator for the violation of one or more Reliability Standards, and the conduct or omission(s) of San Francisco contributed, in whole or in part, to the violation(s) at issue, then the CAISO may recover from San Francisco that portion of the penalty that resulted from San Francisco’s conduct or omissions(s) provided that each of the conditions set forth in Section 14.7.2.1 of the CAISO Tariff are met except that references to the Market Participant that caused or contributed to the violation at issue should be taken to be references to San Francisco, and instead of the payment provisions described in Section 14.7.2.5 of the CAISO Tariff, the payment provisions in Section 4.1.3 of this Agreement shall apply.
ASSESSMENT OF PENALTIES. Whoever is found to have violated subsection (b) of this section shall be liable to the United States for civil penalties in a monetary amount up to the value of the cargo, or the actual cost of the transportation, whichever is greater.
